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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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=133746

Overview (table of contents) Chapter 1 Chapter 2 Chapter 3 land consolidation Purposes Public purchase and sale of immovable property Chapter 4 Government loans and land interest after older land laws Chapter 5 Funding Chapter 6 and Chapter 7 Effective complaint-Delegation, repeal and transitional provisions, etc., The full text of the Ordinance to the law on land consolidation and public purchase and sale of real estate for agronomic purposes, etc. (the land consolidation Act)

Hereby promulgated Act No. 535 of 24. June 2005 on land consolidation and public purchase and sale of real estate for agronomic purposes, etc. (the land consolidation Act), with the modifications resulting from section 4 of Act No. 536 of 24. June 2005, § 65 of Act No. 538 of 8. June 2006, law No. 1553 by 20. December 2006, § 54 of law No. 1336 of 19. December 2008 and § 1 of lov nr. 244 of 22. March 2010.

Chapter 1 Purpose article 1. The law aims to 1) ensure a better commercialisation of agricultural properties by improving the structure and arronderingsforholdene through the conversion of agricultural land, 2) contribute to the implementation of projects for the conservation and improvement of natural and environmental values in the open country, including the creation of recreational areas and nature reserves and national parks, implementation of the restoration projects, landscaping, afforestation, drinking water security and international obligations on nature and the environment, etc. , 3) contribute to development in rural areas by improving the structure and arronderingsforholdene, taking into account the nature, environment and landscape values, 4) contribute to soil shifts in order to mitigate the agronomic genes in non-soil agricultural activities in agricultural areas, 5) obtaining replacement land to affected farms in connection with implementation of the in no. 2-4 project types and 6) allow the establishment and preservation of garden colonies.

Chapter 2 section 2 of the land consolidation. Land reparcelling shall be implemented by all area shifts between the participating landowners be corrected at the same time on a fixed cut-off date by order in accordance with the provisions of sections 2-4 and 6-9.

(2). The Minister shall establish a land consolidation Commission in each of the areas covered by an agricultural Commission. The land consolidation Commission consists of 7 members. An alternate shall be appointed for each Member.

(3). The Chairman must be a judge. 1 member who is knowledgeable in the assessment of agricultural property and represents the mortgage and financial institutions shall be appointed upon the recommendation of the Minister for economic and business affairs. The other five members are members of the area's agricultural Commission.

(4). Matters relating to land distribution is handled by the land redistribution commissions, and the Minister of food, agriculture and fisheries or the Minister authorizes it. Request for the erection of a jordfordelingssag shall be submitted to the Minister or the Minister authorizes it.

(5). The Minister or the Minister authorizes thereof, the Secretariat shall make available to the land redistribution commissions. The Minister shall lay down rules on the land consolidation activities, secretariat services to the work of the commissions and implementing the land redistribution of the land consolidation proceedings.

§ 3. The Minister of food, agriculture and fisheries or the Minister authorizes thereof, may decide that, on the basis of a request under section 2, paragraph 4, must draw up a plan for an appropriate land distribution within a defined area.

(2). The Minister or the Minister authorizes may convene a lodsejer meeting, where explaining the matter, and where the majority of the attendees site owners choose a lodsejer Committee. Notice of the meeting shall be effected by notice in the press, through the post office or in any other appropriate way with 8 days ' notice. Lodsejer Committee representing lodsejer community interests. At the meeting shall be determined on the circumstances of the cut-off date and level the area's extent, just as the date for the end of the planning agreement.

(3). The Minister or the Minister authorizes for such purpose, shall draw up negotiated with the individual landowner proposal to appropriate the land redistribution plan with information on terms, cash remuneration and other conditions for the implementation of the plan.

§ 4. The total land consolidation plan presented at a public meeting, where the land consolidation Commission decides whether the plan can be approved. Site owners, mortgagees and justified in accordance with the rental or leasing contracts shall be informed of the land consolidation Commission by letter with 14 days ' notice of the time and place of the meeting, in which order, see. (4) delivery. With the same notice happens call in the Official Gazette and the daily press of all rightholders in the properties.

(2). The land consolidation, the Commission may decide that separate located undeveloped lands, which make up a smaller share of the total property, which does not form the essential basis of the owner's business or is of significant economic importance in this equivalent, by order to be involved fully in land distribution. When the transfer sum shall be determined in such cases by the land consolidation Commission.

(3). The land consolidation, the Commission can decide that other than agricultural real estate properties can be involved under the land distribution, in so far as it is required for the implementation of an appropriate level.

(4). The land consolidation Commission ruling that the land redistribution plan must be implemented in accordance with the preceding provisions. The ruling is binding on all site owners and rights holders covered by the plan in the properties. The land consolidation Commission, causing the cash remuneration paid and areas surveyed and set aside on the ground.

(5). The land consolidation Commission's order be registered as a burden on the properties. It can in order to provide that it should be registered mortgage founding with a for each property specified amount and return to the safety of cash remuneration.

§ 5. (Repealed) § 6. By the order settled definitively all objections and claims that as a result of land restructuring had to be made to the land consolidation Commission, see. However, section 8. This shall also take decision on payment of the cash remuneration and on the distribution of duties and taxes, etc. on the re-engineered areas.

(2). Results in land distribution, to which a property is separated from a plot for which in regard to the economic exploitation is not or only partly granted remuneration in soil, must, where necessary, be available from mortgage holders to consent because the play's mobilization for hæftelserne. Given consent does not, however, the land consolidation Commission by order may provide that land distribution yet to take place. Mortgage holders ' requirements are met in this case, in order of preference, so far the royalty rows. There must not be any deterioration of mortgage security for the continued deposit mortgages. These reminder up, to the extent the foregoing mortgages entirely or partly fulfilled.

(3). The consent of the secured creditors, without prejudice. paragraph 2, however, is not necessary, if the land distribution alone causes a negligible reduction of the property in relation to its value and the land consolidation Commission in order after unanimous adoption expressly declares that the secretion of the land shall be given or exchanged by land distribution, can be done without risk to the safety of the mortgage, and the mortgage hæftelserne can be deleted for the Divisional piece.

(4). If a landowner does not have things like title to the land, this refrain in land distribution, land consolidation Commission, when pilot owner's title to the land is substantiated, determine that the lodsejeren should be regarded as correct title gardens. To be made to the convening of any beneficiary in accordance with rules similar to the rules of the land registration Act, section 20. Similarly, the land redistribution the Commission determine that an area situated in the land consolidation area, and for which no one makes property in force shall be included in the land redistribution plan on the conditions laid down therein.

§ 7. The land consolidation Commission, causing that the Earth shifts, etc., which are covered by the order, will be recorded in the land register and things like with for-and fraskrivning for each property of the asserted liens and encumbrances, see. Land Registration Act §§ 21-23.

(2). When the registration has taken place, shall inform the land consolidation Commission each landowner and secured creditor about cadastral etc. of the re-engineered areas.

§ 8. If the land allocation cannot be recorded in the register or be registered, makes the land consolidation Commission Appendix to the decision, which will ensure that this happens. Where a secured creditor for order meeting opposed to an area removed from the mortgage, or a landowner objections against regulation of cash payment or against the distribution of taxes, etc., takes the land consolidation Commission position, by supplementary order, which has the same effect as order, see. section 4, paragraph 4.

(2). The Chairman of the land consolidation Commission decides whether questions referred to in paragraph 1 shall be dealt with by the land consolidation Commission, and, where appropriate, on the issues can be dealt with by the Chairman on behalf of the Commission, the land redistribution.

§ 9. In the cases raised by landowners under section 3 of this law, shall be borne the cost of landowners. The Minister of food, agriculture and fisheries can provide for the grant to the costs incurred by the landowners.

§ 10. (Repealed)

Chapter 3 Public buying and selling of real estate section 11. The Minister of food, agriculture and fisheries or the Minister authorizes thereof, may, by agreement with the owner buy real estate for the fulfilment of the purposes referred to in paragraph 1.


§ 12. For the procurement of real property for the purposes referred to in § 1, nr. 1-5, can purchase option for the State to be ordered both farms as agricultural lands and uncultivated areas, which do not form part of an agricultural estate. In addition to the provision of land for the purposes referred to in § 1, nr. 6, imposed on the right of first refusal for the State on properties located in rural as well as in the urban zone, see. law on planning.

(2). Decision to impose a right of first refusal shall be taken by the Minister for food, agriculture and fisheries and be registered on the property, at the request of the Minister. Purchase option respects the private forkøbsrettigheder and purchase rights, there are things like before the 21st century. April 1967, but going by the way ahead of other rights over the property, regardless of when these are founded. The Minister shall notify the owner of the property in question is on the resolution.

(3). Option applies to any acquisition of the property or a part thereof. A right of first refusal, which is imposed for the purpose of obtaining land for the purposes referred to in § 1, nr. 1-5, however, not come to use, 1) when the vast majority of the property is not located in the rural zone, 2) where the transferee is a public authority, 3) when the property is acquired by a person through inheritance, by acquisition to hensidden in undivided live or by Division of the community property, 4) when the transferee is the previous owner's spouse or common-law partner or is related or close with the previous owner in the ascending or descending line or in its side line as close as siblings or their children, or 5) when land in the case of trade merged with one of acquiring owned agricultural property.

(4). A right of first refusal, which is imposed for the purpose of obtaining land for the purposes referred to in § 1, nr. 6, however, not come to use in paragraph 3, no. 3 and 4, said acquisitions.

(5). In cases as referred to in paragraph 3, no. 1 and 2, shall purchase option on discovery cancelled by the Minister.

§ 13. The decision of whether the option will be made applicable, shall be submitted to the acquisition document or a copy thereof to the Minister of food, agriculture and fisheries.

(2). The Minister shall, as soon as a decision on whether or not the purchase option must be invoked. Consists wholly or partly in consideration other than pecuniary, should notice that the option be exercised, include a statement as to whether the Minister intends to bring the provision in section 16 (1) of the application. The acquisition is conditional on other than the property's subdivision or royalties rectification, the Minister may defer the decision until the acquisition document submitted on new without such other conditions. There is not no later than on the 4-week-day of the Minister's receipt of the acquisition document delivered a message to the owner about the decision or resolution, you may purchase not be invoked.

(3). Until the issue of the application of purchase option is settled, the Minister may allow the property to inspect.

(4). The Minister shall lay down detailed rules concerning the information that must be included when submitting the document acquisition, and for the suspension of the time limit laid down in paragraph 2, provided that such information is not included.

§ 14. By registration of a title document for the purchase of real estate, which is like a purchase option for the State, there must be accompanied by evidence that the purchase option is not going to be used, see. Article 12, paragraph 3. Otherwise, be registered document alone with notice under tinglysningsloven in obtaining evidence or statement from the Minister of food, agriculture and fisheries, that option will not be invoked.

(2). The Minister shall lay down rules on the documentation to be presented to the land the judge.

§ 15. If the option be exercised, joins the State of purchaser's rights and obligations with regard to the property and its accessories, see. Land Registration Act, section 37, paragraph 1.

(2). The transferee is entitled to reimbursement for the costs which have been incurred in vain in connection with the acquisition. Expenditure incurred by the transferee holds after coming to the knowledge that the State makes its right of first refusal shall be reimbursed not applicable.

(3). Is the property in whole or in part transferred to the transferee takes over State purchaser's income from the property and the purchaser's expenses in connection with the property's sound operation and required maintenance.

§ 16. To the extent that the consideration for the acquired property does not consist in money, the Minister for food, agriculture and fisheries, demanding it translated into a sum of money. In the absence of amicable agreement fixed the amount of the money in the law on public roads provided valuation services. By proceedings for valuation authorities the provisions of §§ 53-55, 59-63, 65 and 66 of the law on public roads apply mutatis mutandis.

(2). Is the property acquired in whole or in part, without charge, determined the rate which the State must pay in respect of the property's acquisition, in the absence of amicable agreement by valuation authorities, see. (1).

(3). The acquisition also includes real estate, movable property or other assets not covered by the purchase option, and there is no separate remuneration therefor, shall be determined in consideration for the property, which will be taken over by the State, in the absence of amicable agreement by valuation authorities, see. (1).

(4). Remuneration consists of nothing more than money, the previous owner may refuse to keep open trade. The same applies in the cases referred to in paragraphs 2 and 3. Notification that a trade will be maintained, not to be given to the Minister no later than 8 days after the owner has received notification that the option be exercised. If handover does not offer lapse government obligation to pay remuneration under section 15, paragraph 2. The Minister may, however, provide for the purchaser's expenses to the broker, lawyer, stamping and the like. can be demonstrated.

(5). Be invoked against a purchase mortgage-or attachment gardens which at auction has acquired the right to receive the property zoned, the transferee can demand that State attesting that the uncovered part of the purchaser's claim, however not beyond the value of the property. In the absence of amicable agreement fixed the value of the property by valuation authorities, see. (1).

(6). Any right of the previous owner to recover the property lapse.

§ 17. Terms in documents relating to the acquisition of immovable property, the purpose of which is to seek the State's option to buy bypassed, can be overridden when the purchase option be invoked.

(2). Examined the provisions relating to state an option to purchase real estate bypassed, either by an acquirer fails to seek his title things like, or by agreements on the conditions of use or other legal acts, or in connection with a mortgage's takeover of the pledged property to the brugelighed, the property required to be handed over to the State for a consideration in the absence of amicable agreement be determined by valuation authorities, see. section 16 (1).

§ 18. The Minister of food, agriculture and fisheries can on acquired properties make investments concerning land improvement works, irrigation systems, roads, læplantnings work and the nature and environment improvement measures as well as in special cases the electricity, heating, water supply and sewage installations as well as afforestation.

§ 19. Real estate purchased under section 11, should mainly be sold as part of a land distribution to 1) persons who comply with the rules of the law on the acquisition of agricultural real estate, 2) other public authority, see. section 22 of the Act on agricultural properties, 3) the owner of a universal water supply installations, see. section 23 of the Act on agricultural properties, or 4) a Fund has obtained a prior approval or specific permission, see. section 24 of the Act on agricultural properties.

(2). Sale of the purchased real estate must be done for the promotion of the of section 1, nr. 1-5 purposes mentioned, possibly by establishing specific operating rules.

(3). The sale must take place in the best possible conditions for the public authority.

(4). Uafhændede properties can be rented or leased.

§ 20. The Minister of food, agriculture and fisheries may lay down detailed rules concerning the acquisition, use and resale of real estate pursuant to this law.

Chapter 4 Government loans and land interest after older land laws § 21. Arrears collection authority may with interest and costs of recovering defaulted federal loans granted after the until the 1. in July 1990 the rules in force.

(2). The rule set out in paragraph 1 shall apply mutatis mutandis to loans granted pursuant to 1) law establishing and supplementing of smaller farms, etc. (State Home law), see. lovbekendtgørelse nr. 117 of 10. April 1967, 2) Act No. 204 of 27. May 1970 on lending to aggregation, complement, as well as the establishment of land use, etc., 3) Law No. 357 of 22. December 1954 on lending to certain agricultural property acquisition of freehold and 4) the older land laws.

§ 22. The Minister of food, agriculture and fisheries can lay down rules by which they in §§ 18-25 k of law No. 339 of 9. June 1948 for the establishment and replenishment of smaller farms, etc., see. lovbekendtgørelse nr. 117 of 10. April 1967, referred to provisions of jordrente lands, including those relating to access to the relief of the land interest, maintained with the changes which this law or legislation, moreover, requires. The Minister may also by notice change the rules for the calculation of land interest.


(2). The Minister may lay down rules relating to properties that have been set up, and loans granted under law No. 339 of 9. June 1948 with additional laws or the older land laws, whereby the properties or loans for existing legal position is maintained with the changes which this law or legislation, moreover, makes necessary. The Minister may by order amend the conditions for the adoption of the said loans, including stipulate that loans cannot be taken over by change of ownership.

(3). In § § 1-6 and 10-15 and section 16(1), 1-3, of the law on State procurement of land and loans for agronomic purposes, etc., see. lovbekendtgørelse nr. 61 of 14. February 1983, contained provisions which are repealed by Act No. 418 of 13. June 1990, shall continue to apply for granted loans. Granted government loans can be taken over under the same conditions by a surviving spouse's acquisition of the property in accordance with the rules of probate of estates. A partner can after a concrete assessment shall be treated as a spouse.

Chapter 5 Funding section 23. The Minister of food, agriculture and fisheries of State funds can hold the with this law implementation related expenses, to the extent that no aid shall be granted for those after other legislation or costs shall be borne by others, see. § 9.

(2). The Minister of State funds can apply the necessary amount on the one hand, to comply with the requirements, which are recognised by the Commission in accordance with the provisions of the land consolidation section 6, paragraph 1, and which is not covered by the other, partly as reimbursement for special measures recommended by the Commission, and the land redistribution which, exceptionally, are required for the implementation of an appropriate level in accordance with §§ 2 to 4, 6 and 8.

(3). Expenditure pursuant to paragraphs 1 and 2 shall be chargeable to the appropriations allocated under the annual appropriations laws.

(4). The Minister is hereby authorized to cover temporary cash-flow requirements in connection with the implementation of land consolidation under this Act by the drag on the State's account of Danmarks Nationalbank.

(5). The Minister shall lay down rules on the payment for the work carried out by the Commission and the land redistribution of the lodsejer Committee.

§ 24. Costs of treatment and rectification of a land distribution in connection with natural recovery or landscaping projects, drinking water protection, afforestation, establishment of recreational areas and construction works, etc., financed by special appropriation or paid by the person who is requesting to have the matter raised.

(2). The State's purchase of real property under section 11 as well as the works under section 18 is done within the limits of the appropriations allocated annually on the Finance Bill.

(3). There is access to increase the appropriation for land acquisition with the amount corresponding to the additional revenue generated by the sale of real estate in addition to the budgeted.

(4). There is access to pursue any unused appropriations for facilities and land acquisition for use in a later financial year, including with increased appropriations on the basis of the additional revenue generated by the sale of real estate in addition to the budgeted.

Chapter 6 Delegation and complaint section 25. The Minister of food, agriculture and fisheries can transfer his powers to agricultural commissions, the land redistribution commissions, municipal authorities, jordkøbs boards and – in agreement with the Minister of finance – Economic Agency.

(2). The Minister may lay down detailed rules governing the exercise of the right of authorization provided for in paragraph 1. The Minister may also lay down the rules on the composition of the boards of appeal jordkøbs, finance and administration, including whether an institution under the Ministry in agreement with the municipality, respectively, municipalities may exercise the secretariat function for the jordkøbs Board.

(3). A jordkøbs Board can be created by a Municipal Council or more municipal councils jointly to carry out tasks in accordance with the Minister's authorization, without prejudice. paragraphs 1 and 2. Councillor respectively municipal councils deciding on abandonment or termination of a jordkøbs Board. The Minister shall lay down detailed rules on winding up and termination of a jordkøbs Board.

(4). The Municipal Council or municipal councils shall bear the costs associated with a jordkøbs Committee work. The municipality of respectively the municipalities assume supervision of the jordkøbs Board and approves jordkøbs Committee's accounts. The Minister shall lay down detailed rules concerning the municipal supervision and approval of the municipalities, respectively a jordkøbs Committee accounts.

(5). The Minister of food, agriculture and fisheries can be negotiated with the Interior and Health Minister lay down detailed rules on financial reporting relating to the jordkøbs Committee activities.

(6). Public procurement rules in section 68, paragraph 1, of the law on local government agency shall not apply to the jordkøbs Committee the sale of real estate.

section 26. The Minister of food, agriculture and fisheries may lay down rules to the effect that the tasks pursuant to this Act, section 2, paragraph 5, and section 3, can be laid out to private.

§ 27. Appeal against decisions of an institution under the Ministry, agricultural bodies, municipal authorities, jordkøbs Board or the Danish Agency may be submitted to the Minister of food, agriculture and fisheries, see. However, paragraph 2. Complaint deadline is 4 weeks from the day the decision is communicated to the complainant. The Minister may lay down rules, under which alone can complained of legal questions.

(2). Decision of the Commission, without prejudice to the land redistribution. sections 4, 6 and 8, may not be brought before another administrative authority.

(3). The Minister may lay down rules on access to complaint against the decisions referred to in paragraph 1, the authorities, including complaints should not be brought before another administrative authority, and on the Authority's access to reopen a case after the complaint has been lodged.

Chapter 7-entry into force, repeals and transitional provisions etc.

section 28. The law shall enter into force on the 1. July 2005, see. However, paragraph 2.

(2). (Omitted)

(3). The law shall take effect for the land consolidation proceedings have cut-off date the 1. January 2006 or later. The land consolidation proceedings have cut-off date, up to and including the 31. December 2005, shall be treated in accordance with the provisions of the law on land allocation between land, see. lovbekendtgørelse nr. 318 of 25. April 1996.

section 29. By the date of entry into force of the Act be repealed 1) law on land allocation between land, see. lovbekendtgørelse nr. 318 of 25. April 1996, see. However, section 28 (3), 2. point, and 2) law on public procurement of land for agronomic purposes, etc. (jordkøbs Act), see. lovbekendtgørelse nr. 493 of 13. June 1997.

(2). Administrative regulations issued pursuant to the laws referred to in paragraph 1 shall remain in force until they are repealed or replaced by regulations issued pursuant to this Act.

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

section 31. (Omitted) section 32. (Omitted) section 33. (Omitted) section 34. (Omitted) § 35. (Omitted) § 36. (Omitted) section 37. (Omitted)

Act No. 536 of 24. June 20051) includes the following entry-into-force provision:

§ 8 Law shall enter into force on the 1. January 2007.

Act No. 538 of 8. June 20062) includes the following entry-into-force provisions:

section 105 (1). The law shall enter into force on the 1. January 2007, see. However, paragraph 2-22 and § 106.

Paragraph 2-22. (Omitted)

Section 106 (Omitted) Law No. 1553 by 20. December 20063) includes the following entry-into-force provision:

§ 2 the law shall enter into force on the 1. January 2007.

Act No. 1336 of 19. December 20084) includes the following entry-into-force provision:

section 167 (1). The law shall enter into force on the 1. January 2009, see. However, paragraph 2. § 11 shall only apply to decisions relating to attachment of earnings orders taken after the entry into force of the Act.

(2). (Omitted)

Act No. 244 of 22. March 20105) includes the following entry-into-force provision:

§ 3 paragraph 1. The law shall enter into force on the 1. July 2010 and take effect for land consolidation proceedings where the request for the erection of a jordfordelingssag is received after the date of entry into force of the Act.

(2). (Omitted)

Ministry of food, agriculture and fisheries, the 2. November 2010 Henrik Høegh/Søren Sørensen Official notes 1) Amendment relates to sections 25 and 27.

2 Amendment relates to section 10).

3 Amendment relates to section 25).

4 Amendment relates to section 21).

the amendment relates to section § 5) 2, 3, 4, 5, 6, 7, 8, 9, 12, 23, 25, 26 and 27.