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 construction
Krížna 42, 832 47 Bratislava
Analysis of the cadastral
district boundary of the
Zahorie military circuit
ABSTRACT
KEY WORDS
In Slovakia, property ownership is recorded at the Land Register Administration in
districts (for the civilian sphere) and at the Military Land Registry (for the military
sphere). Mapping documents of the military circuit boundaries and their updating is the
core issue of this contribution, as well as an analysis of the boundaries of the Zahorie
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.
• land register,
• property evaluation,
• military circuit and cadastral district
boundaries
1. CURRENT STATUS OF THE ISSUES RELATING
TO THE MILITARY LAND REGISTER AND
CIRCUITS
The Land Register ensures the authenticity of estate boundaries. It
has been developed through long-term collection and processing
of information on estates. The Slovak Republic inherited the
military circuits of the Czechoslovak Republic. In order preserve
and protect the territorial integrity of the Slovak Republic,
the existence of the Army and these territories is necessary.
The military circuits were established by resolution of the
Czechoslovak Republic’s government based on Act No. 169/1949
Coll. of military circuits. The act became valid on the date of its
promulgation, i.e., 1 March 1950. The changes in the social and
political situation after 1989 caused the separation of the common
republic in 1992. New social relations and social developments
in contemporary Europe also resulted in the need to make some
legislative amendments and changes in the status of the military
circuits in Slovakia.
In the spring of 1997, Act No.281/1997 Coll. of the National
Council of the SR concerning the military circuits was passed, along
with an act that amended the Act of the National Council of the SR
No. 222/1996 Coll. concerning the organization of the local state
administrations and the amendment of some acts in the wording of
later provisions. The validity of the new legislative amendment was
determined upon its publication in the Digest of Laws of the SR on
29 October 1997. According to the amendment, a military circuit is
a territory that is a territorial and administrative unit with the statute
of a municipality, but which is focused on and created for the needs
of the state’s protection; it is used for training the armed forces,
and for the research, development and testing of new weapons and
weapon systems. There are currently four military circuits on the
SR territory for the SR Armed Forces: Javorina, Lest, Valaskovce
and Zahorie. Part of them, according to their special functions,
2006 SLOVAK UNIVERSITY OF TECHNOLOGY
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are appropriate military training areas that include facilities and
structures used for training tasks in conditions that mostly reflect
the actual deployment of the armed forces of the country. On these
territories the Ministry of Defence of the SR, in addition to its
tasks relating to the state’s protection, also meets the following
obligations: in the state administration, within municipalities, and
in land register administration at the land register division. Rights
relating to estates and waters on the military circuit’s territory can
only be related to state ownership. If properties and waters and
the rights relating to them are not completely state property, the
Ministry of Defence of the SR is, according to the act, obliged to
ensure the arrangement of their property rights until 31 December
2012. The problems in one of the military circuits are noted below
in more detail.
2. THE ZAHORIE MILITARY CIRCUIT
On 12 December 1929, an agreement between the State Land
Office in Prague, the Ministry of National Defence and Joseph
Pallfy was signed. Afterwards, between 1930 -1934, a market
contract, including amendments, was signed between Joseph Pallfy
– the owner of Malacky manor – as the seller – and the Military
Administration of the Czechoslovak Republic – as the buyer. The
subject of the transaction was Malacky manor, which was located
in the following cadastral districts: Malacky, Rabok, Jablonove,
Hasprunka, Plavecke Podhradie, Plavecky Svaty Mikulas, Solosnica,
Plavecky Stvrtok, Niklasov, Kuchyna, Pernek, and Plavecky Svaty
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 Malacky district and Bratislava region. 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
36
miklus.indd 36
both the District Authority of the Zahorie military circuit situated
in Malacky and the Military Land Registry located in Bratislava.
The Military Land Registry Bratislava handles activity related to
the maintenance of the land register for the territory of the Zahorie
military circuit and manages the land registry as the civilian
administration of the land register in the districts (Mikluš M.,
Trstenský M., 2000).
In the geodetic information file (set) they maintain and update the
land register map of the military circuit that is intended for:
• maintaining records of properties in the land register,
• tasks concerning army training,
• creation of forestry maps used as technical source material,
• urbanism in the circuit.
Table 1 Cadastral districts of the Zahorie military circuit as of
13 April 2005, Military Land Registry Bratislava
Cadastral
district
Cadastral
district code
Number of
parcels
Area (m2)
Bažantnica
991970
449
52, 795, 152
Červený Kríž
991988
6
1, 258, 987
Nivky
991945
194
27, 937, 203
Obora
991953
199
33, 488, 906
Riadok
991996
217
48, 285, 821
Turecký vrch
992003
143
31, 214, 316
Záhorie
871788
350
20, 088, 323
Šranek
991961
Σ:
630
61, 979, 606
2188
277, 048, 314
Fig. 1 The Zahorie military circuit, cadastral districts
ANALYSIS OF THE CADASTRAL DISTRICT BOUNDARY OF THE ZAHORIE MILITARY CIRCUIT
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The Military Land Registry Bratislava continuously updates the
cadastral vector map of the Zahorie military circuit based on the
land register map of the military circuit – Fig.1.
The Zahorie military circuit includes 2188 parcels in the following
cadastral districts: Bazantnica, Cervený Kriz, Nivky, Obora, Riadok,
Turecky vrch, Zahorie, and Sranek. Fig.1, Table 1.
The Cadastral Information Subsystem is part of the staff information
system of the Ministry of Defence of the SR. Currently, one of the
outputs of the information system of the military land register within
the jurisdiction of the MoD of the SR is the digital cadastral map of
the military circuit.
According to the last population census, the amount of houses, an
apartments as of 26 May 2001, in the Zahorie military circuit is 145
houses and 511 people living on one housing estate (Sranek), and
in 8 settlements and 34 gamekeeper’s lodges and secluded house on
an area of 28, 614 ha (The Statistical Community Lexicon of the
Slovak Republic).
3. UPDATING OF THE CADASTRAL DISTRICT
BOUNDARIES ADJACENT TO THE ZAHORIE
MILITARY CIRCUIT
The Zahorie military circuit is adjacent to 23 cadastral districts that
are located within 3 districts – Malacky, Pezinok and Senica.
Between 2000 – 2001, the Military Land Registry in Bratislava
analysed the extent of the boundary of the Zahorie MC (approx. 170,
084 m) with the use of data from the land register of the area along
with the whole boundary. Through the analysis it was discovered
that the cadastral boundary determined in the land register map of
the military circuit is determined less consistently, in accordance
with the arrangement of property rights, since it was not so precisely
required at the time of its making.
In accordance with articles 5 and 11 of the Act of the National
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
Act, it is necessary to determine the exact boundary of the Zahorie
military circuit and harmonize it with the civilian documentation. In
2003, the MoD of the SR marked out and stabilized a new boundary
for the adjacent cadastral districts of Turecky vrch – Jablonove
(122 points), and Bazantnica – Jablonové (174 points). In 2004,
the boundary of the adjacent cadastral districts of Bazantnica –
Malacky (43 points), Bazantnica – Lozorno (46 points), Bazantnica
– Plavecky Stvrtok (28 points), Riadok – Malacky (10 points), and
Nivky – Velke Levare (40 points) was marked out and stabilized.
The demarcation of the Zahorie military circuit boundary is executed
based on the vector cadastral map, the list of point coordinates, and
the list of point coordinates of the original landmarks of 1968. The
marked break points of the boundary were in a terrain marked by
stone landmarks, the so called geoharpons. During the marking of
the points of the Turecký vrch – Jablonove cadastral boundary, the
original stone landmarks of 1968 were found in the terrain. The
analysis of the positioning stability of the boundary break points
showed some new facts. The break points of the Turecky vrch
cadastral boundary were determined using a cartometric method
from the cadastral maps on a scale of 1:2880. Also some identical
points were set up, which means landmarks found in the terrain
and points that are recorded on the Military Land Register. When
comparing the following values, differences where encountered,
see Table 2, Fig.2.
Table 2 Comparison of the coordinates of identical boundary
points
Point recorded in MLR
Point measured in 2003
Y [m]
X [m]
Difference
dx, dy [m]
1000006023
1000006023
570473.53
570472.62
1257813.44
1257815.10
1.89
1000006024
1000006024
570507.64
570507.30
1257867.16
1257867.85
0.77
1000006025
1000006025
570541.35
570540.17
1257918.27
1257919.32
1.58
1000006028
1000006028
570574.81
570574.92
1257970.97
1257971.32
0.37
1000006029
1000006029
570560.24
570559.72
1257982.20
1257983.78
1.66
1000006030
1000006030
570542.58
570542.85
1257998.25
1257997.96
0.40
1000006031
1000006031
570483.87
570484.49
1258045.28
1258046.24
1.14
The values in Table 2 show that the error refers to the process of
digitizing the old cadastral maps on a scale of 1:2880. Subsequently
the coordinates of the marked points of the cadastral boundary
and the points determined from the measurement, in 1968 were
compared, see Table 3.
The values in Table 3 show that the uncertainty is caused by the
original measurements in 1968.
Based on an assessment of the accuracy of the cadastral boundary
points, some coordinates of the measurements in 1968 were taken
for the setting plan, after the mutual agreement of the MLR, the
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
Fig. 2: Layout of points recorded in MLR ........, measured in 1968 ––
–––––, measured in 2000 - - - - - - -, including points 6120, 6121.
Table 3 Comparison of the coordinates of identical boundary points
(stone landmarks of 1968)
Point measured in 1968
Point measured in 2003
Y [m]
X [m]
Difference
dx, dy [m]
1000013023
1000006023
570472.50
570472.62
1257814.73
1257815.10
0.39
1000013024
1000006024
570507.06
570507.30
1257867.61
1257867.85
0.34
1000013025
1000006025
570539.99
570540.17
1257919.12
1257919.32
0.27
1000013026
1000006028
570574.65
570574.92
1257971.16
1257971.32
0.31
1000013027
1000006029
570559.57
570559.72
1257983.57
1257983.78
0.26
1000013028
1000006030
570542.55
570542.85
1257997.84
1257997.96
0.32
1000013029
1000006031
570484.23
570484.49
1258046.12
1258046.24
0.29
The analyses also showed that the disharmony between the recorded
coordinates of the cadastral boundary points in the MLR and the
actual values obtained from the terrain measurements was also
encountered at points 6120 and 6121. This refers to the points of
the cadastral boundary of nearby Suchý potok. According to the
cadastral map, point 6120 is a point at the edge of a stream, and
38
miklus.indd 38
Point recorded in MLR
Point measured in 2003
Y [m]
X [m]
Difference
dx, dy [m]
1000006120
1000006120
571594.80
571592.62
1260080.60
1260074.92
6.08
1000006121
1000006121
571595.31
571594.01
1260084.04
1260078.27
5.91
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
the terrain occurred on the southern slope – outside of the Zahorie
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
coordinates recorded at MLR was made. Based on these facts it is
necessary to process the geometric plan between the Turecky vrch
and Jablonove cadastral districts and, correct the boundary of the
Zahorie military circuit.
In accordance with Articles 3 and 4 of Act No. 281/1997 Coll. the
government of the Slovak Republic, by decree proposed by the
MoD, amended the boundary of the military circuit. The County
Council, in coordination with the MoD of the SR and with adjacent
municipalities, ensures boundary demarcations, permanent marking
of their break points and processing of the appropriate parts of the
land registry.
Following the demarcation of the cadastral boundary, corrections
of the Zahorie military circuit are also being dealt with in the
descriptive and graphic information of the land register of MLR
Bratislava and at the Malacky Land register administration.
Through an analysis of the boundary of the Bazantnica cadastral
district in the Zahorie military circuit and the adjacent Kuchyna
cadastral district, it was determined that lots with an area of about
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 above-mentioned properties in the Zahorie military circuit
correctly. According to the decision of the Malacky Land Register
Administration, the error was excised from the land registry in
conformity with article 59, paragraph 1, letter a.) of the Act of the
National Council of the SR, No.162/1995 Coll. in the wording of
subsequent provisions and additional legal and technical regulations.
ANALYSIS OF THE CADASTRAL DISTRICT BOUNDARY OF THE ZAHORIE MILITARY CIRCUIT
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2006/2 PAGES 30 — 35
This was done based on of a geometric plan for the correction of the
boundary of the Zahorie military circuit within the land registry. The
cadastral boundary of the Zahorie military circuit was shifted, and
its area was decreased.
Such an arrangement of property ownership also has another
dimension. The general value of properties according to the notice
of the Ministry of Justice of the SR No. 492/2004 Coll. relating to
the determination of the general value of properties that are located
in the Kuchyna cadastral district, has been determined Fig. 3.
Coefficient of intensity usage:
Coefficient of transport relations:
Coefficient of commercial and industrial locations:
Coefficient of parcel type:
Coefficient of increasing and decreasing factors:
Coefficient of positioning differentiation:
Unitary property value:
General property value:
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
Fig. 3 Correction of the Bazantnica-Kuchyna cadastral boundary,
reduction of geometric plan
Parcels where the military airport runway is situated:
parcel No. 12282, area: 361, 642 sq m, property type – other area
parcel No. 12284, area: 154 sq m, property type – other area
parcel No. 12285, area: 46, 371 sq m, property type – other area
Municipality:
Starting value:
Kuchyna
50 Slovak crowns per sq m, others 50
Slovak crowns
Coefficient of general situation:
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
property rights.
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
armed forces, but also by the potential NATO collective defence. The
SR’s Armed Forces are determined protection of the country against
all military threats, a wide range of missions based on international
agreements and also for support of the public authorities upon nonmilitary threats to the state (military doctrine of the Slovak Armed
Forces). The establishment of an effective defence system is based
on an accurate knowledge of military-geographic information
concerning of the Slovak territory, including information on its
military properties.
ANALYSIS OF THE CADASTRAL DISTRICT BOUNDARY OF THE ZAHORIE MILITARY CIRCUIT
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REFERENCES
•
•
•
•
•
•
40
miklus.indd 40
MIKLUŠ M., Aktualizácia hraníc katastrálnych území
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•
•
•
•
•
•
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