2006/2 PAGES 35 – 40 RECEIVED 5. 4. 2006 ACCEPTED 15. 4. 2006

M. MIKLUŠ Maroš Mikluš, Eng., PhD. Research field: Military properties, Military circuit. Address: The Ministry of Defence of the Slovak Republic Section for manage immovable assets and construc- Analysis of the cadastral tion Krížna 42, 832 47 district boundary of the Zahorie military circuit

ABSTRACT KEY WORDS

In , property ownership is recorded at the Land Register Administration in • land register, districts (for the civilian sphere) and at the Military Land Registry (for the military • property evaluation, sphere). Mapping documents of the military circuit boundaries and their updating is the • military circuit and cadastral district core issue of this contribution, as well as an analysis of the boundaries of the Zahorie boundaries military circuit and its conformity, with the civilian cadastral documentation. The differences in the coordinates of the boundaries‘ break points arose in the 20th century, when the arrangement of property rights was not required so consistently.

1. CURRENT STATUS OF THE ISSUES RELATING legislative amendments and changes in the status of the military TO THE MILITARY LAND REGISTER AND circuits in Slovakia. CIRCUITS In the spring of 1997, Act No.281/1997 Coll. of the National Council of the SR concerning the military circuits was passed, along The Land Register ensures the authenticity of estate boundaries. It with an act that amended the Act of the National Council of the SR has been developed through long-term collection and processing No. 222/1996 Coll. concerning the organization of the local state of information on estates. The Slovak Republic inherited the administrations and the amendment of some acts in the wording of military circuits of the Czechoslovak Republic. In order preserve later provisions. The validity of the new legislative amendment was and protect the territorial integrity of the Slovak Republic, determined upon its publication in the Digest of Laws of the SR on the existence of the Army and these territories is necessary. 29 October 1997. According to the amendment, a military circuit is The military circuits were established by resolution of the a territory that is a territorial and administrative unit with the statute Czechoslovak Republic’s government based on Act No. 169/1949 of a municipality, but which is focused on and created for the needs Coll. of military circuits. The act became valid on the date of its of the state’s protection; it is used for training the armed forces, promulgation, i.e., 1 March 1950. The changes in the social and and for the research, development and testing of new weapons and political situation after 1989 caused the separation of the common weapon systems. There are currently four military circuits on the republic in 1992. New social relations and social developments SR territory for the SR Armed Forces: Javorina, Lest, Valaskovce in contemporary Europe also resulted in the need to make some and Zahorie. Part of them, according to their special functions,

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are appropriate military training areas that include facilities and both the District Authority of the Zahorie military circuit situated structures used for training tasks in conditions that mostly reflect in and the Military Land Registry located in Bratislava. the actual deployment of the armed forces of the country. On these The Military Land Registry Bratislava handles activity related to territories the Ministry of Defence of the SR, in addition to its the maintenance of the land register for the territory of the Zahorie tasks relating to the state’s protection, also meets the following military circuit and manages the land registry as the civilian obligations: in the state administration, within municipalities, and administration of the land register in the districts (Mikluš M., in land register administration at the land register division. Rights Trstenský M., 2000). relating to estates and waters on the military circuit’s territory can In the geodetic information file (set) they maintain and update the only be related to state ownership. If properties and waters and land register map of the military circuit that is intended for: the rights relating to them are not completely state property, the • maintaining records of properties in the land register, Ministry of Defence of the SR is, according to the act, obliged to • tasks concerning army training, ensure the arrangement of their property rights until 31 December • creation of forestry maps used as technical source material, 2012. The problems in one of the military circuits are noted below • urbanism in the circuit. in more detail. Table 1 Cadastral districts of the Zahorie military circuit as of 13 April 2005, Military Land Registry . THE ZAHORIE MILITARY CIRCUIT Cadastral Cadastral Number of Area (m2) district district code parcels On 12 December 1929, an agreement between the State Land Bažantnica 991970 449 52, 795, 152 Office in Prague, the Ministry of National Defence and Joseph Červený Kríž 991988 6 1, 258, 987 Pallfy was signed. Afterwards, between 1930 -1934, a market contract, including amendments, was signed between Joseph Pallfy Nivky 991945 194 27, 937, 203 – the owner of Malacky manor – as the seller – and the Military Obora 991953 199 33, 488, 906 Administration of the Czechoslovak Republic – as the buyer. The Riadok 991996 217 48, 285, 821 subject of the transaction was Malacky manor, which was located Turecký vrch 992003 143 31, 214, 316 in the following cadastral districts: Malacky, Rabok, Jablonove, Záhorie 871788 350 20, 088, 323 Hasprunka, Plavecke Podhradie, Plavecky Svaty Mikulas, Solosnica, Šranek 991961 630 61, 979, 606 Plavecky Stvrtok, Niklasov, Kuchyna, , and Plavecky Svaty Σ: 2188 277, 048, 314 Peter; its market price was 27, 304, 910 Czechoslovak crowns. The Ministry of National Defence purchased the manor for the purposes of establishing a military shooting range and military training camps. The Zahorie Military Circuit was established by the governmental resolution of the Czechoslovak Republic No.161/4-9/6-1950-I/2 of 15 June 1950 in accordance with Act No. 169/1949 Coll. relating to military circuits. The municipality of Zahorie originated on 1 June 1950 and was included in the Bratislava-countryside district. The Zahorie military circuit currently contains 27, 704, 8314 sq.m and is composed of two territories (the Zahorie and Turecky vrch areas) and is included in the and . Due to the specific character of the territory, its position, and it’s wide mostly flat, terrain, the Zahorie, Kuchyna and Turecky vrch military training area was established on the Zahorie military circuit (part of the central part of the Zahorska lowland). Turecky vrch belongs to the Little Carpathian mountain range (Vyboh J., 2000). The Ministry of Defence (MoD) of the SR governs the Zahorie military circuit’s administration and also operates the activities relating to state administration, which in this case happens to be Fig. 1 The Zahorie military circuit, cadastral districts

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The Military Land Registry Bratislava continuously updates the based on the vector cadastral map, the list of point coordinates, and cadastral vector map of the Zahorie military circuit based on the the list of point coordinates of the original landmarks of 1968. The land register map of the military circuit – Fig.1. marked break points of the boundary were in a terrain marked by The Zahorie military circuit includes 2188 parcels in the following stone landmarks, the so called geoharpons. During the marking of cadastral districts: Bazantnica, Cervený Kriz, Nivky, Obora, Riadok, the points of the Turecký vrch – Jablonove cadastral boundary, the Turecky vrch, Zahorie, and Sranek. Fig.1, Table 1. original stone landmarks of 1968 were found in the terrain. The The Cadastral Information Subsystem is part of the staff information analysis of the positioning stability of the boundary break points system of the Ministry of Defence of the SR. Currently, one of the showed some new facts. The break points of the Turecky vrch outputs of the information system of the military land register within cadastral boundary were determined using a cartometric method the jurisdiction of the MoD of the SR is the digital cadastral map of from the cadastral maps on a scale of 1:2880. Also some identical the military circuit. points were set up, which means landmarks found in the terrain According to the last population census, the amount of houses, an and points that are recorded on the Military Land Register. When apartments as of 26 May 2001, in the Zahorie military circuit is 145 comparing the following values, differences where encountered, houses and 511 people living on one housing estate (Sranek), and see Table 2, Fig.2. in 8 settlements and 34 gamekeeper’s lodges and secluded house on an area of 28, 614 ha (The Statistical Community Lexicon of the Table 2 Comparison of the coordinates of identical boundary Slovak Republic). points Point recorded in MLR Difference Y [m] X [m] Point measured in 2003 dx, dy [m] 3. UPDATING OF THE CADASTRAL DISTRICT 1000006023 570473.53 1257813.44 1.89 BOUNDARIES ADJACENT TO THE ZAHORIE 1000006023 570472.62 1257815.10 MILITARY CIRCUIT 1000006024 570507.64 1257867.16 0.77 1000006024 570507.30 1257867.85 The Zahorie military circuit is adjacent to 23 cadastral districts that 1000006025 570541.35 1257918.27 are located within 3 districts – Malacky, Pezinok and Senica. 1.58 Between 2000 – 2001, the Military Land Registry in Bratislava 1000006025 570540.17 1257919.32 1000006028 570574.81 1257970.97 analysed the extent of the boundary of the Zahorie MC (approx. 170, 0.37 084 m) with the use of data from the land register of the area along 1000006028 570574.92 1257971.32 with the whole boundary. Through the analysis it was discovered 1000006029 570560.24 1257982.20 1.66 that the cadastral boundary determined in the land register map of 1000006029 570559.72 1257983.78 the military circuit is determined less consistently, in accordance 1000006030 570542.58 1257998.25 0.40 with the arrangement of property rights, since it was not so precisely 1000006030 570542.85 1257997.96 required at the time of its making. 1000006031 570483.87 1258045.28 1.14 In accordance with articles 5 and 11 of the Act of the National 1000006031 570484.49 1258046.24 Council of the SR No. 281/1997 Coll. in the wording of later provisions, the MoD of the SR has to accomplish the arrangement of the property rights of estates located in the military circuits by 31 December 2012. In order to fulfill the mission required by the The values in Table 2 show that the error refers to the process of Act, it is necessary to determine the exact boundary of the Zahorie digitizing the old cadastral maps on a scale of 1:2880. Subsequently military circuit and harmonize it with the civilian documentation. In the coordinates of the marked points of the cadastral boundary 2003, the MoD of the SR marked out and stabilized a new boundary and the points determined from the measurement, in 1968 were for the adjacent cadastral districts of Turecky vrch – Jablonove compared, see Table 3. (122 points), and Bazantnica – Jablonové (174 points). In 2004, The values in Table 3 show that the uncertainty is caused by the the boundary of the adjacent cadastral districts of Bazantnica – original measurements in 1968. Malacky (43 points), Bazantnica – (46 points), Bazantnica Based on an assessment of the accuracy of the cadastral boundary – Plavecky Stvrtok (28 points), Riadok – Malacky (10 points), and points, some coordinates of the measurements in 1968 were taken Nivky – Velke Levare (40 points) was marked out and stabilized. for the setting plan, after the mutual agreement of the MLR, the The demarcation of the Zahorie military circuit boundary is executed MoD of the SR and a geodetic expert.

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Table 4 Comparison of the coordinates of the cadastral boundary points at Suchy potok Point recorded in MLR Difference Y [m] X [m] Point measured in 2003 dx, dy [m] 1000006120 571594.80 1260080.60 6.08 1000006120 571592.62 1260074.92 1000006121 571595.31 1260084.04 5.91 1000006121 571594.01 1260078.27

point 6121 is in the centre of the stream. The difference between the measured coordinates of the terrain points and the recorded ones at MLR is evident from Table 4. This value is probably the error encountered when digitizing the old cadastral maps on a scale of 1:2880. During the marking out of the points that are recorded at MLR, it was discovered that the points in Fig. 2: Layout of points recorded in MLR ...... , measured in 1968 –– the terrain occurred on the southern slope – outside of the Zahorie –––––, measured in 2000 ------, including points 6120, 6121. military circuit. The coordinates of the 6120 and 6121 points were taken for the setting plan from the actual terrain measurement in 2002. During the creation of the setting plan a change in the Table 3 Comparison of the coordinates of identical boundary points coordinates recorded at MLR was made. Based on these facts it is (stone landmarks of 1968) necessary to process the geometric plan between the Turecky vrch Point measured in 1968 Difference Y [m] X [m] and Jablonove cadastral districts and, correct the boundary of the Point measured in 2003 dx, dy [m] Zahorie military circuit. 1000013023 570472.50 1257814.73 0.39 In accordance with Articles 3 and 4 of Act No. 281/1997 Coll. the 1000006023 570472.62 1257815.10 government of the Slovak Republic, by decree proposed by the 1000013024 570507.06 1257867.61 MoD, amended the boundary of the military circuit. The County 0.34 1000006024 570507.30 1257867.85 Council, in coordination with the MoD of the SR and with adjacent 1000013025 570539.99 1257919.12 municipalities, ensures boundary demarcations, permanent marking 0.27 1000006025 570540.17 1257919.32 of their break points and processing of the appropriate parts of the 1000013026 570574.65 1257971.16 land registry. 0.31 1000006028 570574.92 1257971.32 Following the demarcation of the cadastral boundary, corrections of the Zahorie military circuit are also being dealt with in the 1000013027 570559.57 1257983.57 0.26 descriptive and graphic information of the land register of MLR 1000006029 570559.72 1257983.78 Bratislava and at the Malacky Land register administration. 1000013028 570542.55 1257997.84 0.32 Through an analysis of the boundary of the Bazantnica cadastral 1000006030 570542.85 1257997.96 district in the Zahorie military circuit and the adjacent Kuchyna 1000013029 570484.23 1258046.12 0.29 cadastral district, it was determined that lots with an area of about 1000006031 570484.49 1258046.24 41 ha, where the beginning of the Kuchyna military airport runway is situated, are not arranged according to the property rights. The Malacky Land Register Administration has not recorded The analyses also showed that the disharmony between the recorded the above-mentioned properties in the Zahorie military circuit coordinates of the cadastral boundary points in the MLR and the correctly. According to the decision of the Malacky Land Register actual values obtained from the terrain measurements was also Administration, the error was excised from the land registry in encountered at points 6120 and 6121. This refers to the points of conformity with article 59, paragraph 1, letter a.) of the Act of the the cadastral boundary of nearby Suchý potok. According to the National Council of the SR, No.162/1995 Coll. in the wording of cadastral map, point 6120 is a point at the edge of a stream, and subsequent provisions and additional legal and technical regulations.

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This was done based on of a geometric plan for the correction of the Coefficient of intensity usage: boundary of the Zahorie military circuit within the land registry. The Coefficient of transport relations: cadastral boundary of the Zahorie military circuit was shifted, and Coefficient of commercial and industrial locations: its area was decreased. Coefficient of parcel type: Such an arrangement of property ownership also has another Coefficient of increasing and decreasing factors: dimension. The general value of properties according to the notice Coefficient of positioning differentiation: of the Ministry of Justice of the SR No. 492/2004 Coll. relating to Unitary property value: the determination of the general value of properties that are located General property value: in the Kuchyna cadastral district, has been determined Fig. 3. Parcel No.12283 with an area of 6699 sq m, property type: forest, is situated at the edge of the military airport’s runway. Due to the fact that the parcel refers to a forest type of parcel, it is first necessary to extract the property from the forest soil fund and then to arrange its property rights. In accordance with the quoted legal regulations and original source materials (geometric plans, setting schemes, expertise, sales contracts), the MoD of the SR ensures the arrangement of the property rights of the above-mentioned part of the Kuchyna military airport with an expected financial value of 6, 771, 490.53 Slovak crowns. After the arrangement of the property rights, the Ministry of Defence of the SR will submit a proposal for a change of the boundary of the Zahorie military circuit to the government of the Slovak Republic.

CONCLUSION

This contribution has pointed out complex geodetic – cartographic problems, involving military properties located precisely on the Zahorie military circuit’s boundary and the arrangement of their Fig. 3 Correction of the Bazantnica-Kuchyna cadastral boundary, property rights. reduction of geometric plan After the Slovak Republic’s accession to the NATO alliance, its citizens’ security and the sovereignty, territorial integrity and inviolability of the state’s boundaries are assured not only by its own Parcels where the military airport runway is situated: armed forces, but also by the potential NATO collective defence. The parcel No. 12282, area: 361, 642 sq m, property type – other area SR’s Armed Forces are determined protection of the country against parcel No. 12284, area: 154 sq m, property type – other area all military threats, a wide range of missions based on international parcel No. 12285, area: 46, 371 sq m, property type – other area agreements and also for support of the public authorities upon non- military threats to the state (military doctrine of the Slovak Armed Municipality: Kuchyna Forces). The establishment of an effective defence system is based Starting value: 50 Slovak crowns per sq m, others 50 on an accurate knowledge of military-geographic information Slovak crowns concerning of the Slovak territory, including information on its Coefficient of general situation: military properties.

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REFERENCES

• MIKLUŠ M., Aktualizácia hraníc katastrálnych území (Directive for the purpose of conducting boundary changes susediacich s vojenskými obvodmi, (Updating the boundaries of within the cadastral territories) ÚGKK SR, Bratislava, 2002, cadastral territories adjoining the military districts) Dissertation • Vyhláška MS SR č. 492/2004 Z. z. o stanovení všeobecnej work, STU Bratislava, 2005, 110 pp, hodnoty majetku (Notice of the Ministry of Justice of the SR • MIKLUŠ M., TRSTENSKÝ M.: Registre vedené na Vojenskom No. 492/2004 Coll. relating to the determination of the general katastrálnom úrade, (Registry administered by the military value of properties), cadastral office), Pedagogické listy 7/2000, STU Bratislava, • Zákon NR SR č. 169/1949 Zb. o vojenských obvodoch, (The 2000, 87 – 92 pp, (in Slovak) NC SR Act No. 169/1949 Coll. of military circuits), • VYBOH J. : Vojenské obvody a vojenské výcvikové priestory • Zákon NR SR č. 162/1995 Z. z. o katastri nehnuteľností ASR a Vojenské lesy a majetky SR – ich vznik a stručný vývoj a o zápise vlastníckych a iných práv k nehnuteľnosti v znení do roku 1999, (Military districts and military training areas neskorších predpisov, (The NC SR Act No.162/1995 of cadastral of the Slovak armed forces and military forests and estates of of real estate and on the entry of the ownership and other rights the Slovak Republic), Vojenská história r. 4, 2/2000 MO SR to real estates (cadastral low) as amended, Bratislava, 2000, 57 – 75 pp, (in Slovak) • The NC SR Act No. 215/1995 of law digests on geodesy and • Doktrína Ozbrojených síl Slovenskej republiky, (Military doctrine cartography of the Slovak armed forces) GŠ OS SR Bratislava, 2005, • Zákon NR SR č. 281/1997 Z. z. o vojenských obvodoch, (The • Štatistický lexikón obcí Slovenskej republiky, (The Statistical NC SR Act No. 281/1997 Coll. of military circuits), Community Lexicon of the Slovak Republic), ŠÚ SR, Bratislava, • Zákon NR SR č. 319/2002 Z. z. o obrane Slovenskej republiky 2002, v znení neskorších predpisov, (The NC SR Act No. 319/2002 • Smernica na vykonávanie zmien hraníc katastrálnych území, Coll. of defence Slovak Republic as amended),

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