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Law governing the ownership of plantations of agricultural production cooperatives

Original Language Title: Gesetz zur Regelung des Eigentums an von landwirtschaftlichen Produktionsgenossenschaften vorgenommenen Anpflanzungen

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Law governing the ownership of plantations of agricultural production cooperatives (Anplanting Property Law-AnpflOwl)

Unofficial table of contents

AnpflTitle

Date of completion: 21.09.1994

Full quote:

" Planting Ownership Act of 21 September 1994 (BGBl. I p. 2538, 2549), most recently by Article 7 (28) of the Law of 19 June 2001 (BGBl. I, p. 1149)

Status: Last amended by Art. 7 para. 28 G v. 19.6.2001 I 1149

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1995 + + +) 

The G was decided as Article 3 G v. 21.9.1994 I 2538 (BonRÄndG) with the consent of the Federal Council. It's gem. Article 6 of this G entered into force on 1 January 1995. Unofficial table of contents

§ 1 Scope

This law regulates the legal relationships of land on which agricultural production cooperatives have carried out plantations on which independent property has been created in accordance with the law of the German Democratic Republic. The agricultural production cooperatives are included in § 46 of the Law on Agricultural Production Cooperatives of 2 July 1982 (GBl. 443). Cooperatives and cooperative relations are the same. This law shall not apply if the plantings are intended to serve the purpose of a building on which the independent property, which is separate from the property of the property, is to be used, and in a spatial relationship corresponding to that provision to the building. Unofficial table of contents

§ 2 Transfer of ownership

The special property resulting from plantations within the meaning of § 1, first sentence, 1 shall be granted on 1 January 1995. The plantings will become an integral part of the land. Unofficial table of contents

§ 3 Compensation for loss of rights, right of removal

(1) As a result of the transfer of ownership in accordance with § 2, the user suffers a loss of rights, he/she may be subject to the property owner's property in the case of multi-annual crop-bearing crops, in particular fruit trees, berry bushes, reb and hop stuffing, an appropriate (2) For trees, field trees and hedges, the property owner only has to pay compensation to the user if the plantings have an asset value. The compensation shall be calculated on the basis of the asset disadvantage that has occurred through the transfer of ownership, but not beyond the growth of the property that has occurred in the property owner. (3) The user is responsible for the removal of planted wood plants the nature of the provisions referred to in paragraph 1, provided that other legislation does not preclude that. If he takes this away, compensation is excluded. Unofficial table of contents

§ 4 Amount of compensation

The compensation shall be calculated on the basis of the value of the planting at the time of the transfer of ownership. In the case of multi-annual crop-bearing crops, the profit to be expected for the remaining period of use, at the longest for 15 years of lease, should be taken into account. Instead of the claim of the first sentence, the user may claim compensation for the disadvantages caused to him by the early reinstallation of a similar culture, but at most the amount resulting from the first sentence. Unofficial table of contents

§ 5 Abuse authority of the property owner

(1) The owner of the property may object to the user's claim for compensation by providing the user with the conclusion of a lease contract for the remaining time of use of the culture, for a maximum of 15 years, at the usual conditions. (2) If the user refuses to conclude the contract, the right to the compensation shall be cancelled. The user shall be entitled to separate the plantings from the ground and to acquire them, provided that other legislation does not preclude them. Section 258 of the Civil Code is to be applied in accordance with the right of removal determined in the second sentence. Unofficial table of contents

§ 6 Pachtvertrag bei Anweighesenheit

(1) The user may require the property owner to conclude a lease contract on the basis of the remaining period of use of the culture, for a maximum of 15 years, if he/she on the land concerned to maintain his or her holding, which he/she has (2) The reason for the loss of use for him or his family would be a hardship which would not be justified even if the legitimate interests of the owner were to be honed. (2) The Property owners can request the local lease from the user. After the end of the lease contract, the property owner is not obliged to pay compensation. (3) The lease agreement applies the provisions of the Civil Code on the lease. § § 585 to 597 of the Civil Code are not to be applied. Unofficial table of contents

§ 7 Relationship with other provisions

Claims under this Act may not be asserted, in so far as a procedure under the Parcel Cleanup Act or a procedure for the establishment and reorganisation of the ownership conditions under Section 8 of the Agricultural Adjustment Act is arranged.