Land Consolidation As A Form Of "Minor" Expropriation In The Czech Republic

January 2026 – Land consolidation means a new arrangement of land parcels within a certain area. As a result, even without the owner's consent, it may lead to changes in parcel boundaries, replacement by another parcel, subdivision or, conversely, consolidation of parcels; the original parcels may cease to exist, and new parcels may be created.

In substance, land consolidation therefore constitutes a certain type of expropriation. Unlike standard expropriation, however, the owner does not receive monetary compensation but another parcel of land, the value of which should be comparable when statutory criteria are applied. Similar to standard expropriation, land consolidation may be carried out only in the public interest (e.g., reducing adverse effects of floods and drought).

Which land may be affected by land consolidation?

The land consolidation perimeter is determined by the land office. It typically covers land outside built-up areas, often intended for agricultural use, but it may also affect areas where development projects are planned in the future.

Land built up by a structure, or functionally related to a structure, land within built-up areas, and land in developable areas may be included in the land consolidation perimeter only with the owner's consent. Therefore, the land office contacts owners of such land with a request to comment. However, if the owner does not respond within the deadline set by the land office, the law presumes that the owner agrees with the inclusion of such land in the land consolidation perimeter. Any disagreement must therefore always be communicated to the land office proactively and within the deadline set by the authority.

How does the land consolidation procedure work?

The procedure is initiated by the land office by way of a public notice, meaning the owner is not notified individually of the commencement of the proceedings. Subsequently, an initial meeting is convened, and the landowner should receive a written invitation. However, a relatively long period—months, sometimes even years—may elapse between these two steps.

The land office prepares for each owner a statement of entitlements. This statement sets out criteria for: price (must not differ by more than +/- 4%), area (must not exceed +/- 10% of the area of the original parcels), distance (the difference between the location of the original and new parcels must not exceed +/- 20%, measured from a predetermined point), as well as the type of land and any restrictions. The land office then sends the statement to the affected owner for comments. In essence, this is an assessment of the value of the land parcels that the owner contributes to the land consolidation.

It is crucial to understand that for the price criterion (and the permitted deviation of +/- 4%), the decisive value is not the market value, but the value determined under the Property Valuation Act, which may differ substantially from the market value.

The statement of entitlements should therefore be carefully reviewed by each owner. In case of disagreement, the owner may file objections within the deadline set by the land office. The owner is then notified in writing of how the objections were handled.

Draft new arrangement of parcels and approval by the municipal council

Before the draft new arrangement of parcels is prepared, a plan of so-called common facilities is developed (e.g., field or forest roads, anti-erosion measures for the protection of agricultural land such as anti-erosion embankments, protective dikes, retention basins). The plan of common facilities is approved by the municipal council at a public meeting. Before submitting the plan of common facilities to the municipal council, the land office must demonstrably inform the owner about the plan of common facilities as well. Based on the approved plan of common facilities, the arrangement of other parcels in the vicinity of the land consolidation area then takes place.

How to oppose land consolidation?

The draft land consolidation must be approved by owners holding 60% of the land affected by the land consolidation. Each owner receives a list of the new parcels and a map showing the location of the new parcels (essentially an overlay of the new arrangement with the existing cadastral map), together with a request to express consent with the proposed list of new parcels.

If the owner does not agree with the proposed new arrangement of parcels, they should notify the land office without delay. If the owner does not respond, the land office will issue a repeated request and set a 15-day deadline to respond. If the owner does not respond even within this deadline, the law presumes that the owner agrees. It is therefore absolutely necessary to respond to the list of new parcels in time.

However, even if an owner disagrees with the new arrangement, the land office may still decide to approve the draft land consolidation provided the above proportionality criteria are met. It is then possible to appeal the land office decision within 15 days of service. The appeal is decided by the State Land Office, which may amend, revoke, or uphold the decision.

If the appeal is unsuccessful, it is further possible to file an administrative lawsuit within two months of service of the State Land Office decision. In administrative court proceedings, the court will review only compliance with the proportionality criteria and/or procedural defects in the proceedings preceding the decision.

Extraordinary remedies may also be available, namely a cassation complaint against the administrative court's decision and a constitutional complaint if there has been an interference with the right of ownership or the right to judicial protection.

Outside court proceedings, it is also possible to file a motion to reopen the proceedings if there are new facts or evidence that could not have been asserted and already existed at the time of the initial proceedings, or a request to initiate review proceedings regarding the decision; however, there is no legal entitlement to such review.

Purchase of land affected by land consolidation?

Given that land consolidation may take several years, in practice situations arise where land included in the land consolidation perimeter is being purchased. The cadastral office records a note of the commencement or approval of land consolidation in the relevant ownership sheet.

If the ownership sheet contains the note “land consolidation initiated”, it is possible to dispose of the land, i.e., to acquire or sell the land without limitation. However, it is always necessary to bear in mind that the purchaser will subsequently go through the individual phases of the land consolidation procedure and should ascertain from the seller what steps the seller has taken in the procedure and what land consolidation arrangements are proposed for the land being purchased.

If, however, the ownership sheet contains the note “approved land consolidation”, it is possible to encumber or transfer such land only with the consent of the land office. In all documents serving as a basis for registration in the cadastre of real estate and listing the land (purchase agreements or pledge agreements), both the existing parcels and the corresponding new parcels under the approved land consolidation proposal must be stated. Therefore, the transfer or encumbrance of such land will require not only dual identification of the parcels in the relevant document, but in particular the land office's consent, which must be submitted to the cadastral office as part of the registration procedure.

The most common mistake of an owner of land affected by land consolidation

This is, unquestionably, passivity. Land consolidation is a complex legal process, where passivity—i.e., failure to actively communicate disagreement or to file objections—has serious consequences that cannot be remedied at a later stage. As soon as an owner becomes aware that their land is, or may be, affected by land consolidation, it is advisable to consult the next steps with legal counsel.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.