Expropriation and restriction of forest land up to 1 ha.

Where you can sort this out:

Plzeňská 134, Příbram I (Natura Building), 1st floor, Environment Department

Other necessary documents, information, etc.:

The requirements for an application to remove or restrict land designated for forestry purposes are set out in Decree No. 77/1996 Coll., and the following annexes apply:

• a detailed justification of the request
• details of the total area of land intended for conversion
• details of the land concerned as recorded in the Land Register (extract from the Land Register)
• a cadastral map showing the proposed area to be taken over, or a survey plan where applicable
• data from the Forest Management Plan (FMP)
• a comprehensive calculation of compensation for damages
• calculation of the fee for land withdrawal
• in the case of temporary land acquisition, a proposed reclamation plan
• planning permission or opinions from the relevant state administrative authorities
• Statements from the owner and tenant of the land concerned
• Statement from a qualified forester

Basic information:

This is a procedure in which the state forestry authority is involved in the administrative protection of land designated to fulfil forest functions. The withdrawal of land (permanent or temporary) involves releasing such land for other uses. A restriction (permanent or temporary) is a situation where certain forest functions cannot be performed on the land concerned to the usual extent.

Processing time:

If the project is subject to planning permission proceedings, the binding opinion will form part of the Integrated Environmental Opinion, and the time limit will be governed by Act No. 148/2023 Coll. on the Integrated Environmental Opinion. If consent is granted in the form of a decision, the time limit will be 30 days, or 60 days in particularly complex cases, from the date of submission of the application.

Who is entitled to submit an application, notification, etc.:

Proceedings are initiated at the request of the party in whose interest the withdrawal or restriction is to take place

Other parties to the proceedings:

Any co-owners of the land

Form:

Available from the Environment Department or downloadable here: Form – Expropriation of forest land

Legislation governing the procedure:

• Act No. 289/1995 Coll., on Forests and on Amendments to Certain Acts (the Forest Act), as amended
• Decree of the Ministry of Agriculture No. 77/1996 Coll., on the requirements for applications for the withdrawal or restriction of
• Act No. 500/2004 Coll., the Code of Administrative Procedure, as amended.

Administrative (or other) fee:

No administrative fee is charged for the issue of a decision

Remedies:

The proper remedy is an appeal. The decision issued contains instructions on how to appeal, specifying the time limit within which an appeal may be lodged, the authority to which it should be addressed, and where the appeal may be lodged

Notes:

In the event of failure to comply with the prescribed obligations:
The state forestry authority may, pursuant to Section 54(1)(b) of Act No. 289/1995 Coll., on Forests, impose a fine of up to 1,000,000 CZK