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Announcement Of Law On Land Consolidation And Public Purchase And Sale Of Real Estate For Agronomic Purposes, Etc. (The Land Consolidation Act)

Original Language Title: Bekendtgørelse af lov om jordfordeling og offentligt køb og salg af fast ejendom til jordbrugsmæssige formål m.m. (jordfordelingsloven)

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Table of Contents

Chapter 1 Objective

Chapter 2 Redistribute

Chapter 3 Public Procurement and Sale of Real Estate

Chapter 4 Loans and earthly earthly earpieces

Chapter 5 Funding

Chapter 6 Delegation and complaint

Chapter 7 Entry into force, repeal and transitional provisions, etc.

Publication of the law on land distribution and public purchase and sale of real estate to agricultural purposes and so on. (Earthling law)

This is a law number. 535 of 24. June 2005 on land distribution and public purchase and sale of real estate for agricultural purposes and so on. (Earthling law), with the changes as a result of section 4 of Law No 536 of 24. June 2005, section 65 of law no. 538 of eight. June 2006, Law No. No. 1553 of 20. December 2006, Section 54 of Law No 1336 of 19. In December 2008 and Section 1 of the Law No 244 of 22. March, 2010.

Chapter 1

Objective

§ 1. The law is designed to

1) ensure a better business utilisation of agricultural navigation by improving the structure and carroning conditions through the transformation of agricultural land,

2) contribute to the implementation of projects for the conservation and improvement of nature and environmental values in the open country, including the creation of recreational areas and by nature and national parks, the implementation of natural recovery projects, natural care, forest plantation, drinking water protection and international obligations on nature and environment, etc.,

3) contribute to rural development by improving the structure and succession conditions in the field of nature, the environment and the contexting values ;

4) contribute to land-changing activities in order to mitigate the agricultural genes of non-agricultural activities in rural areas,

5) provide replacement areas for the agricultural navigation concerned in the context of the implementation of the products referred to in paragraph 1. 2-4 project types and

6) facilitate the establishment and conservation of garden colonies.

Chapter 2

Redistribute

§ 2. Grounders are carried out by ensuring that all area changes between the participating lodowners are enriched at the same time as a day of rectification when a decision is made according to the rules in § § 2-4 and 6-9.

Paragraph 2. The Minister will set up a ground-distribution commission in each of the areas covered by a Soil Commissioning Commission. The Grouncement Commission comprises seven members. A suppleant shall be appointed for each member.

Paragraph 3. The Chairman shall be a judge. One Member who is cynical in the assessment of agricultural property and represents mortgage credit and financial institutions shall be designated by the Minister for Economic and Business Affairs. The other five members are the members of the area's Soil Commissionor.

Paragraph 4. Storage of land distribution is dealt with by the Grounders Commission and the Minister for Food, Agriculture and Fisheries, or the Minister, the Minister is empowered to do so. The request for an earring case shall be submitted to the Minister or to the Minister authorizing it.

Paragraph 5. The Minister or the Minister shall be empowered to do so, providing secretarial assistance to the earning Commission. The Minister shall lay down rules on the activities of the earning Commission, the secretarial service of the earning Commission and on the implementation of ground-distribution cases.

§ 3. The Minister for Food, Agriculture and Fisheries, or the Minister, authorised thereto, may decide that on the basis of a request in accordance with section 2 (2), 4, shall draw up a plan for appropriate ground-sharing within a defined area.

Paragraph 2. The Minister or the Minister, the Minister, or the Minister, may call for a lodowner meeting, where the case is accounted for and where the majority of the attuners appear to select a lodowner ' s committee. Invocation for the meeting takes place at the announcement of the daily press, through the postal service, or in the other appropriate manner by 8 days ' notice. The tenancy of the Lodsening committee represents the interests of the lodowner community. At the meeting, the cutting date of the case and the extent of the plan shall be determined, as is the date of completion of the planning date.

Paragraph 3. The Minister or the Minister shall authorise this, prepare for negotiation with the individual legislative proposals for an appropriate ground-distribution plan, with information on terms and conditions, cash remuneration and other conditions for the implementation of the plan.

§ 4. The total land distribution plan shall be presented at a public meeting at which the ground distribution commission determines whether the plan is acceptable. Lodders, panthavers and eligible under rent or lease contracts shall be notified by the Grounders Commission by letter of time and place of the meeting, in which the meeting, in which the judgment, cf. paragraph Four, say. At the same time, there is summons in the Statewide and the daily press of all rightholders in the buildings.

Paragraph 2. The Grounders Commission may decide that separate unbuilt lofts constituent a smaller part of the total property and which does not constitute a significant basis for the owner ' s business activities or are of equivalent material economic. importance for this, by means of a decision, fully into the distribution of land. The sum of the claim shall be fixed in such cases where the ground distribution commission is to be determined.

Paragraph 3. The Grounders Commission may provide that other immovable property may be involved in the distribution of land, to the extent required to implement an appropriate plan.

Paragraph 4. The Grounders Commission claims that the ground distribution plan must be carried out in accordance with the preceding provisions. The warrant is binding on all of the plan compact lodders and rightholders in the premises. The Grounders Commission prepasts the cash payment paid and the areas measured and set aside in the field.

Paragraph 5. The earning commission's warrant is being burdened into the property. The ruling can be determined that it shall be paused with one for each property set and the amount of money supplied to safety for cash payment.

§ 5. (Aphat)

§ 6. The ruling shall definitively determine all the objections and requirements which, as a result of the landings, must be made to the ground-distribution commission, cf. However, § 8. This shall also take a decision on the payment of cash remuneration and the distribution of taxes and duties, etc. on the areas surrounding areas.

Paragraph 2. Where the distribution of the land is separated from a property separated from a ground for which, in respect of the economic exploitation of the property, the necessary consent shall be required from the panels of the groundskets, where appropriate, in respect of the economic exploitation of the property, the release of the charges. However, the ground distribution Commission may, however, know by a decision that the distribution of the claim must nevertheless be carried out. The requirements of the Pan-holders are met in such a way as to give priority to the amount of the remuneration. There must be no deterioration in the mortgage security of the continuing panthelial liabilities. These are moving up, to the extent leading panthelisliabilities in full or in part indoles.

Paragraph 3. Samthick from panthavers, cf. paragraph However, 2 is not necessary if the distribution of the land alone represents an insignificant reduction in the property in relation to its value and the earning commission of the ruling, in accordance with the unanimous decision, expressly stating that the unbundling of the property has been disclosed ; any piece of soil that is rendered or switched on at the ground level may be discarded for the safety of the pan-security and may be deleted from the pawn of the pawn of the pawn to the person concerned.

Paragraph 4. If a lodsejer does not have the thing of origin for the area that is in the soil distribution, the earning commission may be determined when the owner's ownership of the area is likely to determine that the owner of the lodowner must be considered as the right accesses. The following rules shall be made in accordance with rules similar to the rules laid down in Article 20 of the right to apply. In the same way, the Grounders Commission may decide that an area situated in the ground distribution area and where no property is applied shall be included in the terms of the ground distribution plan under the terms and conditions laid down therein.

§ 7. The Grounders Commission is anchorned by the fact that the landings and so on which are subject to the ruling shall be recorded in the land and depreciation for each property of the number of liabilities and burdens in accordance with the register. Section 21-23 of the pensating law.

Paragraph 2. When the end has taken place, the ground distribution commission shall inform each lodst and the pan-name of the land designation and so on for the area of the area laid down.

§ 8. If the distribution of the land cannot be recorded in the land or things, the ground distribution commission shall be disdainted to the order to ensure that this is done. If a panthaver after the event meeting is resisted that an area is deleted from the panty or a lodge object to the regulation of cash remuneration or on the distribution of taxes and other charges, the ground distribution commission shall take a position on this matter ; in the case of a supplementary order, which has the same legal effect as a judgment, cf. Section 4 (4). 4.

Paragraph 2. The Chair of the Grounders Commission shall decide on questions pursuant to paragraph 1. 1 shall be treated by the Grounders Commission and, where appropriate, the questions may be addressed by the chairman at the request of the earning commission.

§ 9. In cases raised by landowners in accordance with section 3 of this law, the costs of the loot are to be borne. The Minister for Food, Agriculture and Fisheries may provide a grant to the costs borne by the lodsailors.

§ 10. (Aphat)

Chapter 3

Public Procurement and Sale of Real Estate

§ 11. The Minister for Food, Agriculture and Fisheries, or the Minister, the Minister, may, by means of an agreement with the owner, may purchase property to satisfy the objectives referred to in Section 1.

§ 12. For the purpose of the immovable property for the purposes referred to in section 1 (2), 1-5, the right of purchase for the State shall be subject to both agricultural and agricultural land and cultivated land, which do not form part of an agricultural reside. In addition, land may be obtained for the purpose referred to in section 1 (2). 6, the right of purchase shall be subject to the State of the premises situated in the zone as in the zone as in the urban zone, cf. law of planning.

Paragraph 2. Decisions to impose a purchase order shall be made by the minister of food, agriculture and fishing and the property on the request of the minister. The right of purchase respects private buying rights and the purchasing rights that are set up before the 21. In addition, in April 1967, prior to any other rights over the property, regardless of when these have been set up. The Minister shall inform the owner of the relevant property of the decision.

Paragraph 3. The right to purchase shall apply to any acquiring of the property or part of the property. A general purchase order that is required for the purpose of the provision of land for the purposes referred to in section 1 (2), However, 1-5, do not apply,

1) where the predominal part of the property is not situated in the land zone,

2) when the transferee is a public authority,

3) when the property is acquired by a person by inheritance, by inheritance to the sitting of the replace or by sharing of common part of the common part of the common position ;

4) where the owner of the owner is the owner of the previous owner, or is the owner of the previous owner, or is related to the owner of the previous owner in the up or down line or in his sidebar as near as siblings or their children, or

5) where the area of the trade is combined with one of the premises owned for farm development.

Paragraph 4. A general purchase order that is required for the purpose of the provision of land for the purposes referred to in section 1 (2), However, 6 shall not apply to the provisions referred to in paragraph 1. 3, no. The acquisition of the third and fourth (4).

Paragraph 5. In the case referred to in paragraph 1, 3, no. 1 and 2, the first-point purchase order is cancelled by the Minister.

§ 13. The submission document or a copy thereof shall be presented to the Minister for Food, Agriculture and Fisheries for the purposes of determining whether the right of purchase will be applied.

Paragraph 2. The Minister shall take a decision as soon as possible to the effect that the right of purchase shall be made. If the remuneration is paid in whole or in part other than the payment of payment, the notification shall state whether the minister intends to bring the provision in section 16 (3). One, in effect. Where the acquisition is subject to other than the property of the property or the rectification of the property, the Minister may suspend the decision until the acquisition document is presented again without any other conditions. In the case of the minister ' s receipt of the acquisition document, no later than the four-week day of the minister ' s acquisition document, the owner of the decision or the decision may not be applied.

Paragraph 3. Until the question of the use of the right of purchase is settled, the Minister may have the property be careful.

Paragraph 4. The Minister shall lay down detailed rules on the information to be included in the submission of the submission document, and the suspension of the information referred to in paragraph 1. the time limit set if such information does not result in such information.

§ 14. In the case of a notification of a document relating to the acquisition of real estate, which is in the light of the State, it shall be accompanied by evidence that the right of purchase shall not be applicable, cf. § 12, paragraph 1. 3. Otherwise, the document shall be the subject of the time limit for the provision of documentation or declaration from the minister of food, agriculture and fisheries to the effect that the right of purchase shall not be applied.

Paragraph 2. The Minister shall lay down rules on the documentation to be presented to the judge of the thing.

§ 15. If the right of purchase is applied, the State shall enter the State in the transferee ' s rights and obligations with regard to the property and its accessories, cf. The section 37 (5) of the piece of information. 1.

Paragraph 2. The transferee is entitled to reimbursement for the costs incurred in vain for the acquisition. Expenditure acquired by the transferee after being informed that the State is making its purchase right in force, shall not be reimburse.

Paragraph 3. Where the property is fully or partially transferred to the transferee, the state shall inherit the transferee ' s income of the property and the transferee ' s expenditure on the reasonable operation and maintenance required by the property.

§ 16. To the extent that the remuneration for the property acquired does not consist of monetary benefit, the Minister for Food, Agriculture and Fisheries may ask for it to be converted into a monetary sum. In the absence of a general agreement, the monetary amount shall be determined by the tariff authorities referred to in the public sector. The provisions of section 53-55, 59-63, 65 and 66 of the law on public roads shall apply mutatis muted to the provisions of Clause.

Paragraph 2. Where the property acquired in full or in part remuneration is free, it shall be determined that the State shall pay, by reason of the property inheritance, in the absence of any minable agreement of the taxing authorities, cf. paragraph 1.

Paragraph 3. Excludes the acquisition of real estate, tangible or other property which is not covered by the purchase of the right of purchase, and no separate payment is made, the remuneration for the property being taken over by the State shall be determined by the absence of a memorial ; by agreement of the taxing authorities, cf. paragraph 1.

Paragraph 4. Bestands the fee of anything other than money, the owner of the previous owner may refuse to deal with trade. The same applies to the cases referred to in paragraph 1. Two and three. Notice that the trade is not accompanied, shall be issued to the Minister no later than eight days after the owner has received notification that the right of purchase shall be applied. If the transfer is not carried out, it shall be discharged to the public's obligation to pay compensation after paragraph 15 (5). The Minister may, however, decide that the transferee ' s expenditure to mediator, lawyer, stamps and similar. can be reimburatable.

Paragraph 5. The purchaser ' s right in front of a plant or equipment which has acquired the right to the property laid down shall, however, require the Member State to reimburse the Member State of the acquisition, not beyond the property value. In the absence of minable agreement, the property value of the taxing authorities shall be fixed in accordance with. paragraph 1.

Paragraph 6. A possible right of the owner so far to the property of the property to be lost.

§ 17. Conditions in documents relating to the acquisition of real property which seek to seek the purchase of the Federal Government may be disregarded when the right of purchase is made.

Paragraph 2. The provisions concerning the State ' s purchase right to immovable property have surpassed, either by acquiring the failure to seek its return or any other acts of use or any other act of law or in connection with the takeover of the Member State of the panel ; pawned property to be used, the property may be required to be transferred to the state against a charge which, in the absence of a minable agreement, shall be determined by the taxing authorities, cf. section 16 (4). 1.

§ 18. The Minister for Food, Agriculture and Fisheries may, on the acquired properties, invest in the areas of land improvement works, water plants, road plants, plant worker and nature and environmental improvement measures, and in specific cases ; the electric, heat, water supply and sewage plant and afforestation.

§ 19. Real estate purchased under Section 11 shall be sold mainly as part of a distribution of land ;

1) persons meeting the procurement rules in the area of agricultural navigation laws ;

2) other public authority, cf. Section 22 of the law on agricultural navigation,

3) the owner of an alment water supply plant, cf. Section 23 of the law on agricultural navigation, or

4) a fund that has obtained an advance authorisation or a specific authorisation, cf. Section 24 of the law on agricultural shipping.

Paragraph 2. Sales of the purchased properties shall be made to promote the properties of sections 1, no. Objective 1-5, where appropriate, by setting special operational provisions.

Paragraph 3. Sales must take place on the best possible terms for the public authority.

Paragraph 4. Disposal properties may be rented or lost.

20. The Minister for Food, Agriculture and Fisheries may lay down detailed rules on purchases, use and resale of solid property pursuant to that law.

Chapter 4

Loans and earthly earthly earpieces

§ 21. The constant recovery authority may, with a supplement of interest and costs, recover defaulted State loans after they have been obtained until 1. July 1990 applicable rules.

Paragraph 2. Rule of paragraph (1) 1 shall apply by analog; the corresponding use of loans granted under

1) law on creating and supplementing small-scale agriculture, and so on. (stator's man slob), cf. Law Order no. 117 of 10. April 1967,

2) law no. 204 of 27. May 1970 on the lending to merging, supplementing, and the creation of land use etc.

3) law no. 357 of 22. In December 1954, on lending to certain agricultural revenues, the takeover of self-roads and

4) the older earthlaws.

§ 22. The Minister for Food, Agriculture and Fisheries may lay down rules, thereby making them in section 18-25 k in law no. 339 of 9. June 1948 establishing and supplementing small-scale agriculture, and so on, cf. Law Order no. 117 of 10. In April 1967, the provisions relating to soil teleconoscope, including the provisions on access to the resolution of the soil, are maintained with the changes that this law or legislation necessitates. The Minister may also, by proclamations, amend the rules for the calculation of the soil.

Paragraph 2. The minister may lay down rules related to property established and loans granted under law no. 339 of 9. In June 1948, with the adjective or the older land laws, thereby maintaining the legal status of the property or the loans so far in force, with the changes that this law or legislation will do. The Minister may amend the conditions for the takeover of the loans mentioned, including the setting that the loans cannot be transferred by the changeover.

Paragraph 3. They are in sections 1 to 6 and 10-15 and § 16 (4). 1-3, in the law of the State and lending of land and loans for agricultural purposes, etc., cf. Law Order no. 61 of 14. February 1983, provisions which have been repealed by law no. 418 of 13. In June 1990, continued use of the loans granted. The possible state loan may be surpassed on the unchanged conditions of a post-living spouse taking over the property according to the rules on the changeover of death bows. After a practical assessment, a concolius can be treated as a spouse.

Chapter 5

Funding

-23. The Minister for Food, Agriculture and Fisheries may, by means of the state ' s funds, host the costs incurred by this law, provided that no amount of aid shall be granted under any other legislation or expenditure shall be borne by others in accordance with the provisions of the law. § 9.

Paragraph 2. The minister may, by means of the state, be able to use the requisite amounts due in part to the fulfilment of requirements recognised by the earning commission in accordance with the provision in section 6 (1). 1 and not covered by others, and in part as a grant for special measures recommended by the Grounders Commission, and which, exceptionally, are required to implement an appropriate plan in accordance with sections 2 to 4, 6 and 8.

Paragraph 3. Expenditure pursuant to paragraph 1. 1 and 2 shall be borne by the appropriations allocated to the annual appropriation laws.

Paragraph 4. The minister is hereby authorized to cover temporary liquidity requirements in the execution of land distribution under this law in a row at the state's account in Denmark's National Bank.

Paragraph 5. The minister shall lay down rules for payment for the work carried out by the Grounders Commission and by the lodsenders ' committee.

§ 24. Costs of treatment and correction of a land distribution in the context of natural recovery or natural care projects, drinking water assurance, afforestation, the establishment of recreational areas and other works, etc. shall be financed by special authorization or is paid by the applicant to raise the matter.

Paragraph 2. The State's purchase of real estate in accordance with section 11 and works under section 18 shall be carried out within the appropriations allocated annually on the Finance Bill.

Paragraph 3. It is possible to increase the amount of money allocated to land purchases, which are similar to merrevenue when selling property to the level of property beyond the budget.

Paragraph 4. There is access to the continuation of any unused appropriations for installations and land purchases for subsequent financial years, including with increased appropriations on the basis of additional revenue from the sale of immovable property beyond the budgeted.

Chapter 6

Delegation and complaint

§ 25. The Minister for Food, Agriculture and Fisheries may put its powers to the Soil Commissioners, Earning Compensals, municipal authorities, trackside traders, and-by agreement with the Finance Minister-The Economic and Financial Affairs Council.

Paragraph 2. The Minister may lay down detailed rules for the exercise of the authorization provided for in paragraph 1. 1. The minister may also lay down rules on the composition of the soil, financing and administration, including the establishment of an institution under the Ministry of the municipalities with the municipalities, respectively, to enable the secretarial services to be exercised by the municipalities, respectively ; Soil buyout.

Paragraph 3. An earth-bubland can be created by a municipal board or several municipality boards jointly to perform tasks after the Minister's authorization, cf. paragraph The local authorities shall decide on the abandonment or withdrawal of a land-only decision on the part of the municipal management board and the municipalities ' s Administrative Board respectively. The Minister shall lay down detailed rules on the termination and withdrawal of an earthly purchase.

Paragraph 4. The local authority or municipal management boards shall bear the costs incurred in the operation of a tracer narrower. The municipalities, respectively, are responsible for the supervision of ground-buying land, and approve the financial accounts of the ground-buying narrow. The Minister shall lay down detailed rules on the local authorities ' inspections and the approval of a land-purchase narrower ' s accounts.

Paragraph 5. The Minister for Food, Agriculture and Fisheries can, after negotiations with the home and health minister, lay down detailed rules on the clearance of accounts relating to the activities of the tracer narrower.

Paragraph 6. The rules on open invitations to tender in section 68 (4). 1, in the law of the local authorities, shall not apply to the selling of flat-land premises of the ground.

SECTION 26. The Minister for Food, Agriculture and Fisheries may lay down rules that the tasks under this statutory section 2 (2) shall be subject to rules. 5, section 3, may be added to private.

§ 27. Complains of decisions taken by an institution at the Ministry of the Ministry, the Commissioning Commissioners, municipal authorities, ground-buyers or Economic and Financial Services may be presented to the Minister for Food, Agriculture and Fisheries, cf. however, paragraph 1 2. The period shall be four weeks from the date on which the decision has been announced. The minister can lay down rules, which allows us to be complained about legal issues alone.

Paragraph 2. Decision made by the Grounders Commission, cf. sections 4, 6 and 8, cannot be brought to the second administrative authority.

Paragraph 3. The Minister may lay down rules on the availability of complaints against decisions taken by the Member State referred to in paragraph 1. 1, listed authorities, including that the complaint must not be subject to the authority of another administrative authority, and the authority of the Authority to resume a case after a complaint has been lodged.

Chapter 7

Entry into force, repeal and transitional provisions, etc.

§ 28. The law shall enter into force on 1. July 2005, cf. however, paragraph 1 2.

Paragraph 2. (Udelades)

Paragraph 3. The law shall take effect on land-side distribution matters which have the day of intersection of 1. January 2006 or later. Peanings which have intersection day with the 31 st. In December 2005, the provisions of the law on land-sharing between the country of the country must be treated in accordance with the provisions of Law Order no. 318 of 25. April 1996.

§ 29. The Act of the Act shall

1) the rule of land distribution between the country of the landfall, cf. Law Order no. 318 of 25. April 1996, cf. however, section 28 (3). THREE, TWO. pkt., and

2) public procurement law for agricultural purposes and so on. (Earthbucksloven), cf. Law Order no. 493 of 13. June 1997.

Paragraph 2. Administrative requirements issued in accordance with the provisions of paragraph 5 of this Article. 1 laws remain in force until they are repealed or replaced by rules issued under this law.

-$30. The law does not apply to the Faroe Islands and Greenland.

§ 31. (Udelades)

§ 32. (Udelades)

§ 33. (Udelades)

§ 34. (Udelades)

$35. (Udelades)

§ 36. (Udelades)

§ 37. (Udelades)


Law No 536 of 24. June 2005 1) includes the following entry into force :

§ 8

The law shall enter into force on 1. January, 2007.


Law No 538 of eight. June 2006 2) includes the following entry into force :

§ 105

Paragraph 1. The law shall enter into force on 1. January, 2007, cf. however, paragraph 1 2-22 and § 106.

Two-two-twenty-two. (Udelades)

§ 106

(Udelades)


Law No 1553 of 20. December 2006 3) includes the following entry into force :

§ 2

The law shall enter into force on 1. January, 2007.


Law No 1336 of 19. December 2008 4) includes the following entry into force :

§ 167

Paragraph 1. The law shall enter into force on 1. January, 2009, cf. however, paragraph 1 2. Section 11 shall apply only to decisions on the retention of pay, which shall be taken after the entry into force of the law.

Paragraph 2. (Udelades)


Law No 244 of 22. March 2010 5) includes the following entry into force :

§ 3

Paragraph 1. The law shall enter into force on 1. In July 2010 and shall have an impact on land-allocations where the request for an earring case has been requested following the entry into force of the law.

Paragraph 2. (Udelades)

The Ministry of Food, Agriculture and Fisheries, the second one. November 2010

Henrik Høegh

Søren Sørensen

Official notes

1) The law is on sections 25 and 27.

2) The law is a matter of section 10.

3) The law is a matter of section 25.

4) The law is a matter of section 21.

5) The law is related to sections § 2, 3, 4, 5, 6, 7, 8, 9, 12, 23, 25, 26 and 27.