Laws Governing The Ownership Of Planting Agricultural Production Cooperatives Have Made

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

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Laws governing the ownership of agricultural production cooperatives have made planting (planting property law - AnpflEigentG) AnpflEigentG Ausfertigung date: 21.09.1994 full quotation: "planting ownership Act of 21 September 1994 (BGBl. I S. 2538, 2549), most recently by article 7 paragraph 28 of the law of 19 June 2001 (BGBl. I p. 1149) has been changed" stand: last amended by article 7 paragraph 28 G v. 19.6.2001 I 1149 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : Units +++) the G as article 3 G v. 21.9.1994 I 2538 (SchuldRÄndG) with the consent of the Federal Council decided. It entered into force article 6 of this G on the units under.

§ 1 scope of application this law regulates legal relationships on land on which agricultural production cooperatives have made plantings where according to the law of the German Democratic Republic, independent property has arisen. Are the agricultural production cooperatives in section 46 of the Act on agricultural production co-operatives by July 2, 1982 (Journal of laws I no. 25 S. 443) cooperatives referred to and cooperative relations. This law is not to apply if the planting is the purpose of building an independent, separate from the ownership of the land property, intended to serve and a spatial relationship corresponding to this provision to the building.

Section 2 transfer of ownership the special ownership at plantings within the meaning of § 1 sentence 1 expires on January 1, 1995. The plantings are an integral part of the plot.

Article 3 compensation for the loss of rights, taking away rights (1) the user suffers as a result of the transfer of title according to § 2 a loss of rights, he may require reasonable compensation in money by the property owners for perennial fruit-bearing crops, especially fruit trees, berry bushes, pruning and hop poles,.
(2) for trees, box trees and hedges, property owners has to compensate the users if the plantations have an asset only. The compensation is for the financial loss incurred by the transfer of ownership, however does not have the asset growth occurred when the property owners, to measure.
(3) the user is entitled to the removal of verpflanzbarer woody plants of the kind referred to in paragraph 1, insofar as other legal provisions do not preclude the. He takes this away, a compensation is excluded.

§ 4 the compensation amount of compensation is to measure the value of planting at the time of the transfer of the title. For perennial fruit-bearing crops, which is for the remaining useful life längstenfalls to be considered for 15 years of lease, expected profit. Instead of the claim from sentence 1, the user may request a compensation for the disadvantages caused him by the premature creation of similar culture, but no more than the resulting from sentence 1 amount.

§ 5 of prevention power of the property owner (1) of the land owner can avert the compensation claim of the user as a result that he offers the user a lease contract for the remaining useful life of culture, at the latest for 15 years, to the local conditions.
(2) the user rejects the conclusion of the contract, the void on the compensation. The user is entitled to separate the plantings from the ground and to acquire, as far as other legislation do not preclude the. On the taking away right in sentence 2, § 258 is apply of the civil code.

§ 6 lease agreement in dependence (1) the user can from the property owners of the remaining useful life of culture, at the latest on 15 years, fixed-term lease contract require concluding if he on the affected land to maintain its operation, which forms the basis of its economic life, is dependent on and the Elimination of the possibility to use for him or his family would mean a hardship, is not to justify the under too appreciation of the legitimate interests of the owner.
(2) the property owners can demand the local rent by the user. The property owners to pay compensation is not obliged after termination of the lease contract.
(3) on the lease agreement, the provisions of the civil code on the lease agreement shall apply. The paragraphs 585-597 of the civil code are not applicable.

Article 7 relationship claims can be asserted to other provisions according to this law, as far as a procedure according to the law of the land reparcelling or a procedure for the establishment and reorganisation of ownership is arranged according to section 8 of the agricultural adjustment Act.