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

Non-official Table of Contents

AnpflTitle

Date of expiry: 21.09.1994

Full quote:

" planting property law of 21. September 1994 (BGBl. 2538, 2549), as last amended by Article 7 (28) of the Law of 19. June 2001 (BGBl. I p. 1149

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

For details, see the Notes

Footnote

(+ + + text evidence from: 1.1.1995 + + +)


for details has been referred to 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. Non-official table of contents

§ 1 Scope of application

This law regulates the legal relationships of land on which agricultural products are used. 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 defined 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. Non-official table of contents

§ 2 Transfer of Ownership

The special property created on plantings within the meaning of § 1, first sentence, shall be deleted on the first day of the day. January 1995. The plantings will become an integral part of the land. Non-official table of contents

§ 3 Compensation for loss of rights, right of removal

(1) The user suffers as a result of the transfer of ownership in accordance with § 2 A loss of rights may be required by the property owner in the case of multi-annual crop-bearing crops, in particular fruit trees, berry bushes, reb and hops, and may require adequate compensation in money.(2) For trees, field trees and hedges, the land owner shall only provide compensation to the user if the planting has an asset. The compensation shall be calculated on the basis of the asset disadvantage acquired by the transfer of ownership, but not beyond the growth of the property in the case of the property owner.(3) The user shall be entitled to take away planable wood plants of the species referred to in paragraph 1, in so far as other legislation does not preclude him from taking the necessary measures. If he takes this away, compensation is excluded. Non-official table of contents

§ 4 Amount of compensation

The compensation shall be based on 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. Non-official table of contents

§ 5 Ownership of the property owner

(1) The property owner can claim the compensation claim of the property owner. By offering the user the conclusion of a lease contract for the remaining time of use of the culture, for a maximum of 15 years, on the usual terms and conditions.(2) If the user disclaims the conclusion of 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. Non-official table of contents

§ 6 Pachtvertrag bei Anweighesenheit

(1) The user can conclude one from the property owner on the basis of the The remaining term of use of the culture, at least 15 years, requires a fixed-term lease if it is dependent on the land concerned to maintain its business, which forms the basis of its economic livelihood, and if the loss of the land is not Possibility of use for him or his family would mean a hardship, which is not justifiable even with appreciation of the legitimate interests of the owner.(2) The owner of the land may require the user to pay the local lease. Upon termination of the lease contract, the property owner is not obliged to pay compensation.(3) The lease contract shall apply to the provisions of the Civil Code on the lease. § § 585 to 597 of the Civil Code are not to be applied. Non-official table of contents

§ 7 Relationship with other provisions

Claims under this Act cannot be asserted as far as a A procedure under the Law on Land Cleansing or a procedure for establishing and reordering the ownership of the land in accordance with Section 8 of the Agricultural Adjustment Act.