Flurberunification Act (FlurbG)

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FlurbG

Date of completion: 14.07.1953

Full quote:

" Flurberunification Act in the version of the notice of 16 March 1976 (BGBl. 546), as last amended by Article 17 of the Law of 19 December 2008 (BGBl I). 2794).

Status:	New by Bek. V. 16. 3.1976 I 546;
	Last amended by Art. 17 G v. 19.12.2008 I 2794

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.7.1987 + + +) 

  

Part one
Basics of land cleaning

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§ 1

In order to improve the production and working conditions in agriculture and forestry as well as to promote the general culture of the country and land development, rural property can be re-ordered by means of measures under this law. (Parcel cleaning). Unofficial table of contents

§ 2

(1) Parcel cleaning shall be carried out in a procedure conducted by the authorities within a given area (corridor area), with the participation of all the landowners involved and the institutions of public affairs and of the agricultural professional representation (§ 109). (2) The implementation of land resettlement is to be carried out by the countries as an especially urgent measure. They determine which professional authorities are the land cleaning authorities and upper land cleaning authorities and set their service districts. (3) The countries may have powers under this law of the supreme state authority responsible for land cleaning. be assigned to the upper floor cleaning authority. You may also delegate powers to the Corridor Cleaning Authority pursuant to this Act of the Upper Enforcement Authority; this does not apply to the powers pursuant to Section 41 (3) and § 58 (3). (4) The Länder may have tasks and powers, which are assigned under this law of the land cleaning authority, transferred to the upper floor cleaning authority. Unofficial table of contents

§ 3

(1) The land cleaning authority is responsible for the land cleaning service, in the district of which the land resettlement area is located. By way of exception, the upper land certifying authority may designate a land cleaning authority other than the local authority; if the land conurbations area is located in the district of another upper land cleaning authority, it shall determine the territory of the land reintegration authority. (2) The land resettlement area extends over the districts of several land cleaning authorities, so that the maximum number of land-based cleaners is to be found in the area of the land. Ground cleaning authority in charge of the upper floor cleaning authority (3) The corridor area of the corridor extends over the districts of several upper land cleaners, the competent upper land cleaning authority shall be determined by the supreme authority responsible for the land cleaning. If the land cleansing authorities of different countries are responsible, the competent upper land cleaning authority shall determine by mutual agreement the upper national authority responsible for the land clean-up. Unofficial table of contents

§ 4

The upper land cleaning authority may order the land cleaning service and determine the land resettlement area if it considers a land cleaning operation to be necessary and the interest of the parties is given (industrial cleaning decision); the decision shall be for the reasons. Unofficial table of contents

§ 5

(1) Prior to the arrangement of the land cleaning, the land owners likely to be involved shall be adequately informed in a suitable manner about the planned industrial cleaning procedure, including the expected costs. (2) The agricultural professional representation, the competent national planning authority, the municipality and the municipal association, as well as the other organisations and authorities to be determined by the highest national authority responsible for agriculture (3) The authorities of the Federal Republic of Germany, the Länder, the municipalities and Municipal associations and other public bodies should be informed of the proposed resettlement procedure; they shall immediately inform the Office of the Authority whether and which of the anticipated measures to be taken by the public authorities in the area of public law. Corridor-related planning is intended or has already been established. Unofficial table of contents

§ 6

(1) The name and registered office of the participating community (§ 16) shall be established in the decisive part of the repuration of the republic. The call for the notification of unknown rights (§ 14) and the provisions on changes of use (§ § 34 and 85 nos. 5 and 6) can be included in the decisive part of the decision. (2) The decisive part of the decision is (3) The decision on the grounds shall be in the municipalities in which the land concerned is situated (industrial cleaning communities), and, where necessary (§ 110), in the adjacent municipalities for two weeks after the contract notice. for the purpose of inspection of the parties concerned. This shall be indicated in the notice. Unofficial table of contents

§ 7

(1) The land conurbations area may include one or more municipalities or parts of municipalities. It is to be limited in such a way that the purpose of land cleaning is achieved as completely as possible. (2) The land recuperation area includes all the land plots lying in it, insofar as they are not expressly excluded. Unofficial table of contents

§ 8

(1) Minor changes to the land cleanup area can be ordered by the Parcel Cleanup Authority. Section 4 of the second half-sentence shall apply accordingly. The arrangement does not need to be disclosed. It is to be notified of the property owners involved in the change. (2) The provisions of § § 4 to 6 apply for significant changes. The upper land cleaning authority may, as far as the execution order, place the land cleansing area into several Share parcel cleaners. § 4, second half-sentence and § 6 (2) and (3) shall apply accordingly. Unofficial table of contents

§ 9

(1) In the event that the parcel agreement does not appear to be appropriate as a result of circumstances which have subsequently been entered into, the upper floor cleaning authority may order the termination of the procedure. The provisions of § 4, second half-sentence, § 5 (1) and (2) and § 6 (2) and (3) shall apply mutatis mutually-. (2) The land cleaning authority shall ensure the production of an orderly state and the compensation of the costs incurred, if necessary by using public funds.

Part two
The parties and their rights

First section
The individual participants

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§ 10

Participants are involved in the industrial cleaning procedure (participants):

1.

as a participant, the owners of the land belonging to the land recuperation area, as well as the peasant farmers who are the same as the owners;

2.

as co-participants:

a)

municipalities and associations of municipalities in whose district land is affected by the industrial cleaning process;

b)

other public-law bodies which receive land for Community or public installations (§ § 39 and 40) or whose borders are amended (section 58 (2));

c)

water and soil associations whose territory is spatially linked to and influenced by, or influenced by, the land clearance area;

d)

Holders of rights in the land belonging to the corridor territory or of rights to such rights or of personal rights which entitle or authorize the use of such land or the use of such land limit;

e)

Recipients of new land in accordance with § § 54 and 55 up to the entry of the new legal status (§ 61 sentence 2);

f)

Owners of land not belonging to the land area, to which a contribution to the costs of maintenance or execution is imposed (Section 42 (3) and (106)) or to the establishment of fixed border signs at the border of the (§ 56) have to participate in the area of clean-up.

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§ 11

The Parcel Cleanup Authority shall determine the parties in accordance with § § 12 to 14. Unofficial table of contents

§ 12

(1) The entries in the land register shall be decisive for the identification of the parties concerned. The National Certification Authority may consider the property or other right of property for the proceedings to be proven if the person who invokes such a right is credited with making it credible by a public document or by a certificate of the congregation, that he has the property as an owner, or that he exercises the right. If any other conflicting rights are reported to the floor cleaning authority, § 13. (2) The floor cleaning authority shall inform the Land Registry Office and the authority responsible for the management of the property register the order of the Industrial cleaning procedures including the ground pieces included in the procedure (§ 4), the changes to the corridor cleaning area (§ 8), the setting of the industrial cleaning procedure (§ 9), the date of the entry of the new legal status (§ § § § § § § 9). 61 to 63) and the final position (§ 149), the Land Registry also provides for the delivery of the Documents to the authority responsible for the management of the Liegenschaftskatasters (Section 81 (2)). (3) The Land Registry Office shall notify the Office of the Authority until the date of the conclusion of the final determination of all entries, which shall be: after the date of the arrangement of the land cleaning procedure in the land register of the land concerned, are carried out or are carried out, unless the land cleaning authority has waived the notification; it shall notify the Land certification authority from the registration of new owners of the (4) The authority responsible for the management of the property register shall have the authority responsible for the management of the land registry. Notify the Office of the Cleanup Authority until the date of the closing date of the final determination of any continuation which, after the date of the order of the repuration procedure, in the evidence of the parcels concerned, shall be notified in the have been carried out, unless the Corridor cleaning authority waives the notification. Unofficial table of contents

§ 13

(1) If the owner is not visible from the land register, the owner of the property shall be deemed to be a participant. (2) If the property is in dispute, the land cleaning authority may appoint a representative for the duration of the dispute to the person entitled to the right. The same applies if a property owner does not exist. Section 119 (2) and (3) shall apply accordingly. The floor cleaning authority may make the provisions necessary for the implementation of the land cleaning operation on the subject of the dispute. The provisions shall be notified to the parties concerned and shall be binding on them in the industrial cleaning procedure. If a final court decision is known to the National Enforcement Authority, it shall be taken into account. § 64 shall apply. (3) The powers conferred by paragraph 2 shall also apply to the upper land certifying authority and the industrial cleaning court (§ 138), if an objection or action brought against them is affected by the dispute. (4) The provisions of the Paragraphs 1 to 3 shall apply in accordance with rights in rem which entitle or restrict the use of a land for the possession or use of a land. This shall also apply if these rights are not required to maintain their effectiveness in relation to the public faith of the basic book of registration. Unofficial table of contents

§ 14

(1) Participants who are not determined in accordance with § § 12 and 13 shall be required by public notice to exercise rights within three months, which are not apparent from the land register, but shall be subject to the participation in the Land cleaning procedures entitle you to log in to the Parcel Cleanup Authority. At the request of the land certification authority, the applicant has to prove his/her right within a time limit to be set by the authority. After fruitless expiry of the period, the applicant is no longer to be involved. (2) If rights are notified or proved only after the expiry of the time limits referred to in paragraph 1, the ground cleaning authority may conclude the negotiations so far and (3) The proprietor of a right referred to in paragraph 1 must have the effect of a period of time before the notification, as well as the effect of the person concerned, on the other hand, by means of the notification of the time limit. (4) On the legal effects according to the Paragraphs 2 and 3 shall be mentioned in the notice. Unofficial table of contents

§ 15

Those who acquire a property situated in the industrial cleaning area must have the procedure carried out up to the date of their registration in the land register or until the acquisition of the acquisition. The same applies to the person who becomes a participant by the acquisition of a right.

Second section
The participating Community

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§ 16

The participants in accordance with § 10 No. 1 shall form the participating community. It is created with the industrial cleaning decision and is a body of public law. Unofficial table of contents

§ 17

(1) The participating community shall be under the supervision of the National Certification Authority. Supervision shall ensure that the participating community acts in accordance with the purpose of this Act. (2) The conclusion of contracts requires the approval of the Parcel Purpose Authority. It may authorise the participating Community to conclude contracts of lesser importance in general terms, but not for the taking up of loans. Payments may only be made with the consent of the "Flurberunification" authority, unless this is otherwise indicated. Unofficial table of contents

§ 18

(1) The participant community shall carry out the Community affairs of the participants. It shall, in particular, establish and maintain the Community facilities (§ 42) and carry out the necessary soil improvements, unless otherwise specified in the plan (§ 58), or the execution and maintenance of such land. individual participants or a water and land association. It shall also have to make and request the payments fixed in the procedure, and also to carry out the other tasks which have not been carried out by the rectifying authority, including the preparatory work necessary for the implementation of the cleaning of the land. (2) The Länder may delegate further tasks and powers to the participating community under this Law of the National Cleansing Authority. (3) The The participating Community may regulate its affairs, in particular the powers of the Assembly of Participants and the procedure in the elections, by statute. The Statute shall be adopted by the participants present in the Assembly by a majority of the votes cast. The Articles of Association shall require the approval of the Parcel Cleanup Authority. Unofficial table of contents

§ 19

(1) The participating community may only use the participants for contributions in money (cash contributions) or in matters, works, services or in other services (contributions in kind), insofar as the expenses (§ 105) serve the interests of the participants. The contributions shall be made by the participants in accordance with the ratio of the value of their new land, unless otherwise specified in the national plan for the implementation of the plan. As long as the scale of the obligation to pay contributions has not yet been established, the National Enforcement Authority shall determine a provisional scale of contributions after which advances are to be made. (2) For such parts of the corridor area where it is to be carried out special facilities require extraordinarily high expenses, the floor cleaning authority may increase the contributions of the participants in accordance with the additional costs. (3) The ground cleaning authority may, in order to avoid any obvious and unreasonable costs, increase the costs. Exceptionally, individual participants harden from the application of the contributions in whole or in part, to the detriment of the other participants. Unofficial table of contents

§ 20

The contribution and advance duty rests as a public burden on the land located in the industrial cleaning area. However, the individual properties shall only be liable in the amount of the shares of the calculated contributions and advances to which they are liable. The same applies to the obligation to provide compensation and refund in the cases of § 44 (3) sentence 2, § 50 (2) sentence 1 and § 51 (2). Unofficial table of contents

Section 21

(1) The participating community shall have a board of directors consisting of several members. The land cleaning authority determines the number of members. (2) The floor cleaning authority invites the participants to the election date by public announcement and leads the election. (3) The members of the board of management shall be appointed by the date of the election the participants or their plenipotentiaries. Each participant or agent shall have one vote; Community owners shall be deemed to be a participant. Those who receive the most votes are elected. (4) As far as the election does not materiate in the appointment and a new election date does not promise success, the Parcel Cleanup Authority may be members of the board after hearing the (5) For each member of the board, a deputy is to be elected or ordered. (6) In the event of significant changes to the territory of the corridor (§ 8 para. 2), the ground cleaning authority shall determine whether and the extent to which board members and deputits are dismissed or newly elected (appointed (7) The Länder may regulate the formation and composition of the board by way of derogation and introduce electoral periods. Unofficial table of contents

Section 22

(1) The Board of Management may convene the participants in meetings; it must do so if a third of the participants or the National Cleansing Authority requires it. The Inspectorate is to be invited to the meetings. (2) The congregation of the participants can comment on the questions on which the Board of Management is to be heard. The opinion is, if the Board of Management does not wish to join it, to inform the Office of the Enforcement Authority. On request, the Board of Management shall inform the Assembly of the participants of its activities and of the state of the proceedings. Unofficial table of contents

Section 23

(1) The Assembly of Participants may appoint members of the Board of Management or substitutes by electing new members or alternates in their place by the majority of the participants present. At least half of the participants must be present at the meeting. (2) In the application of Section 18 (2), the Länder may depend on the approval of the National Cleansing Authority on the convening of members of the Board of Management or their deputised members. (3) The rectifying authority may, after hearing the agricultural professional representation, refuse or dismiss members of the board of management or substitutes who are unfit to do so or who are in breach of their obligations. In this case, the Board of Management shall also be subject to the opposition to the upper floor cleaning authority. (4) Members of the Executive Board and alternates who have been rejected or appointed may not be re-elected. (5) If the Board of Management is to be replaced by the departure of Where members and deputies are no longer eligible (Article 26 (2)), the floor-cleaning authority may, after consulting the agricultural professional representative, appoint appropriate persons to exercise the rights and obligations of the retired members of the to carry out the Board of Executive Board until the election of new members. The election shall be carried out without delay. Unofficial table of contents

§ 24

The members of the Executive Board and their alternates act on a voluntary basis. The rectifying authority shall determine whether and to what extent compensation is granted to them in respect of time and effort; the compensation shall be paid by the participating community. Unofficial table of contents

Section 25

(1) The Management Board shall conduct the business of the participating Community. It is also responsible for the execution of the tasks assigned to the participating community in accordance with the provision in § 18 para. 2. (2) The Board of Management is continuously responsible for the progress of the industrial cleaning work by the Office of the Enforcement Authority of the Office for the Protection of the Land. , to listen to important Community matters and to bring them to work. Unofficial table of contents

Section 26

(1) The Executive Board shall elect one of its members to the Chairman and another member to the Chairman's Deputy Chairman, unless a deviating settlement has been made in accordance with Section 21 (7). (2) The Board of Management shall be able to take a quorum if he/she is responsible for the the chairman or the land certification authority, and at least half of the members or their deputising members are present. It shall take its decisions by a majority of the members present; in the event of a tie, the Chairman shall vote. (3) The Chairman shall take the decisions of the Board of Directors and shall represent the participating Community in a judicial and/or legal basis. extrajudicial.

Third Section
Association of participant communities

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Section 26a

(1) Several participating communities may join a federation in so far as the joint implementation of the tasks assigned to them in accordance with § 18 is appropriate. The association shall, in accordance with its statutes, replace the individual participant communities. It is created by the public announcement of the articles of association by the upper floor cleaning authority and is a body of public law. (2) The statute of the association is made by the General Assembly with the majority of the issued (3) The concentration and the statutes require the approval of the upper floor cleaning authority. (4) If a statutes are not established by decision in accordance with paragraph 2, the upper floor cleaning authority shall set up a statute. The supreme authority responsible for the land cleaning authority shall set the statutes. (5) With the consent of the upper land cleaning authority, a local community may accede to an existing association; the upper floor cleaning authority may decide to: Order accession. The statutes shall be regulated in detail. Unofficial table of contents

§ 26b

(1) The association shall have a board of directors elected by the general assembly by a majority of the votes cast. The number of Management Board members is determined by the upper floor cleaning authority. If an election does not materiate and if a new election date does not promise success, the upper floor cleaning authority may appoint members of the board after hearing the agricultural professional representation. (2) The association may be required to fulfil its obligations of his duties to the participating communities to which he is responsible; he may, by means of the statutes, be given the right to use the individual participants, who are subject to contributions pursuant to § 19, directly to the performance of the contributions. In this case, the association shall be entrusted with the full responsibility of the association through the articles of association. (3) § 21 (7) and § § 24 to 26 shall apply accordingly. Unofficial table of contents

Section 26c

(1) Where the implementation of a land resettlement is to be expected for a given area, the upper land cleaning authority may appoint an association or, in so far as such an agreement does not exist, another appropriate body, prior to the order of the (2) If the industrial cleaning procedure is not carried out, the supervisory authority shall ensure that the winding-cleaning procedure is carried out correctly. Association made. Section 9 (2) shall apply accordingly. Unofficial table of contents

Section 26d

The association is subject to the supervision of the Parcel Cleanup Authority. If the participating communities of the association extend over the district of several land cleaning authorities, the upper land cleaning authority shall determine the authority responsible for the supervision of the land control authority. If the participating communities forming the association extend through the district of several upper land cleaning authorities, the supreme authority responsible for the supervision of the land is determined by the authority responsible for the supervision of the land control authority. If the participating communities of the Association extend through different countries, the national authorities responsible for the land cleaning process shall determine the competent authority for the clean up of the land to be cleaned by mutual agreement. § 17 shall also apply accordingly. Unofficial table of contents

Section 26e

(1) Several associations may join together in order to fulfil the tasks assigned to them in accordance with § § 26a to 26c. In accordance with its statutes, the General Association shall replace the individual associations. With the public announcement of the Articles of Association, it is created by the supreme state authority responsible for the cleaning of the land and is a body of public law. (2) The statutes of the General Association shall be published by the General Assembly. of the majority of the votes cast. (3) The concentration and the statutes require the approval of the supreme state authority responsible for the cleaning of land. (4) If a statutes are not established by decision in accordance with paragraph 2, it shall: the supreme state authority responsible for land cleaning, the statutes, and (5) Article 26a (5) sentence 1 of the second half-sentence shall apply mutatily, with the proviso that the highest national authority responsible for the land cleaning service shall be replaced by the upper floor cleaning authority. (6) The overall association shall have a board of directors, elected in the General Assembly by a majority of the votes cast. The number of members of the Management Board is determined by the supreme state authority responsible for the land agreement. If an election does not materiate and if a new election date does not promise success, then the supreme state authority responsible for the land agreement can appoint members of the board after hearing the agricultural professional representation. (7) The The overall association is subject to the supervision of the supreme state authority responsible for land cleaning. § 17 shall also apply accordingly.

Fourth Section
Value determination procedure

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§ 27

In order to be able to find the participants with land of equal value, the value of the old land is to be determined. The value determination shall be carried out in such a way that the value of the basic pieces of a participant is to be determined in proportion to the value of all the land of the land conurbations area. Unofficial table of contents

§ 28

(1) For agricultural land, the value ratio shall, as a general rule, be determined on the basis of the benefits which, in the case of common regular management, they are used by each owner, irrespective of their distance from the business owner or from the business owner. of the local situation. Here are the results of a soil estimation according to the Soil estimation law of 20 December 2007 (BGBl. 3150, 3176), as amended. (2) The essential elements of a property which permanently influence its value, and the rights provided for in Article 49 (3), shall, if necessary, be in their value. in particular. Unofficial table of contents

§ 29

(1) The value of the value for construction and construction land and for construction equipment shall be determined on the basis of the value of the traffic. (2) The value of the traffic shall be determined by the price at the time the investigation relates to the value of the transport value. Ordinary commercial transactions according to the characteristics, the other nature and the location of the property would be achieved without regard to unusual or personal circumstances; changes in value in construction installations which are due to the prospect of the implementation of the land agreement has not been taken into consideration. (3) The traffic value of the ground and the components shall be determined separately if this is possible on the basis of comparison prices; the traffic values shall be indicated separately. (4) The determination of the traffic value of the constructional units shall be determined separately. Installations should only be carried out if the construction equipment is allocated to a new owner. Unofficial table of contents

§ 30

For the size of the land, the registration in the property register is usually the decisive factor. Unofficial table of contents

Section 31

(1) The valuation of the value shall normally be carried out by agricultural experts. The floor cleaning authority shall determine the number of experts, and, after consulting the board of the participating community, shall select it from the authority of the upper floor cleaning authority in agreement with the agricultural professional representative the list of persons suitable as experts and shall direct the determination of the value. The Management Board shall be responsible for determining the value of the value. (2) If knowledge of the value of the value is required, which goes beyond the general agricultural instrument, special recognised experts shall be joined. Unofficial table of contents

Section 32

The remittantions of the results of the valuation of the value shall be interpreted for the purpose of inspection of the parties concerned. The results are to be explained in a hearing date. After remediation of justified objections, the results of the valuation of the value shall be determined by the rectifying authority; the statement shall be made public. Unofficial table of contents

§ 33

The countries may, by way of derogation, regulate the acceptance of the valuation of the value and the announcement and determination of the results of the evaluation of the value of the value.

Fifth Section
Temporary restrictions on ownership

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Section 34

(1) The following restrictions apply from the announcement of the industrial cleaning decision up to the unquestionability of the land cleansing plan:

1.

In the way in which the land is used, only modifications belonging to the regular economic operation may be made without the consent of the land-based cleaning authority.

2.

Construction works, wells, ditches, cemeteries, slope terraces and similar installations may only be constructed, manufactured, substantially altered or eliminated with the consent of the Parcel Cleanup Authority.

3.

Fruit trees, bushes, vines, hops, individual trees, hedges, field and bank trees may only be affected in exceptional cases, in so far as national cultural concerns, in particular the protection of nature and the countryside, are not affected, with Approval of the land cleaning authority shall be removed. Other legal provisions relating to the disposal of vines and hops remain unaffected.

(2) Where, contrary to the provisions of paragraph 1 (1) and (2), changes have been made or installations have been made or eliminated, they may remain unaccounted for in the industrial cleaning procedure. The ground cleaning authority may have the former condition restored in accordance with § 137 if this is conducive to the cleaning of the land. (3) If interventions have been carried out contrary to the provisions of paragraph 1, point 3, the land cleaning authority must: (4) The requirement of consent and the consequences of his non-observance shall be made public. (5) If the notice referred to in paragraph 4 is not in accordance with Section 6 (1) of this Regulation in the crucial part of the repuration of the republic , the legal effects referred to in paragraphs 1 to 3 shall not take place until with the special notice referred to in paragraph 4. Unofficial table of contents

§ 35

(1) The officers of the Enforcement Authority shall be entitled to enter land for the preparation and implementation of the land settlement and to carry out the necessary work on them at their discretion. (2) Insofar as this is the case, the damage caused is significantly higher than the average, the National Cleaning Authority shall be required to provide adequate compensation. The compensation shall be borne by the participating community; if the land resettlement is not ordered, it shall bear the land. Unofficial table of contents

§ 36

(1) If, for urgent reasons, it is necessary to regulate the possession or use of land or the exercise of other rights before the implementation or preparation and the implementation of amendments to the plan for the reintegration of land, the Land cleaning authority shall issue a provisional arrangement and repeal or amend any orders issued. In order to compensate for hardship, it can lay down appropriate compensation. The compensation shall be borne by the participating community. (2) As far as the condition of a property is relevant for the determination of the value and for the assessment of the compensation, the National Cleansing Authority shall, if necessary, by drawing up the Experts, in good time.

Part Three
Redesign of the industrial cleaning area

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Section 37

(1) The land reintegration area shall be redesigned in accordance with the respective landscape structure, as it corresponds to the interests of the parties to be weighed against each other and to the interests of the general country culture and land development and how it requires the good of the general public. The field mark is to be re-divided and fragmented or uneconomically shaped, to be combined according to the economic aspects of the economy, and to be appropriate in terms of location, shape and size; roads, roads, waters and -other Community installations must be created, measures to protect the soil and improving the landscape, and to take all other measures which will improve the bases of economic operators, Labour costs are reduced and management is facilitated. Measures of village renewal can be carried out; by way of development plans and similar plans, the confiscation of the location for land resettlement will not be ruled out. The law of law must be classified. (2) The ground cleaning authority must safeguard the public interest in the implementation of the measures referred to in paragraph 1, in particular the requirements of regional planning, country planning and an orderly Urban development, environmental protection, conservation of nature and landscape conservation, monument protection, recreation, water management including water supply and sanitation, fishing, hunting, energy supply, public transport, the agricultural settlement, the small settlement, the small gardening and the design of the location and landscape, as well as the possible use of mining and the conservation and safeguarding of mineral resources. (3) The change of natural resources Water may only be water-based, and not only for reasons of measurement technology, with the right of experts to be involved in the process. Unofficial table of contents

§ 38

The National Certification Authority shall, in consultation with the agricultural professional representative and the authorities and organisations involved, shall establish, in particular, the technical advisers for industrial cleaning, appointed by the competent agricultural authority, general principles for the appropriate redesign of the land recasting area. The results of the preliminary planning according to § 1 (2) of the Law on the Community Task "Improvement of Agricultural Structure and Coastal Protection" of 3 September 1969 (Bundesgesetzbl. 1573), as amended by the Law amending the Laws on the Community Tasks of 23 December 1971 (Bundesgesetzbl. 2140), and to discuss and to take into account, to the extent possible, the pre-planning of the agricultural professional representation or other agricultural bodies, as well as of nature conservation and the maintenance of the countryside. The requirements of regional planning, regional planning and urban planning must be taken into account.

Footnote

§ 38 italic print: Now idF d. Bek. v. 21.7.1988 I 1055

First section
Community and public installations

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§ 39

(1) In the area of the corridor, roads, roads, waters and other installations used for Community use or in a Community interest shall be created, in so far as it requires the purpose of the land cleaning operation. They are Community installations. (2) Existing installations can be changed, moved or moved in. Unofficial table of contents

§ 40

For installations used for public transport or other public interest, such as public roads, roads, railways, trams and other public transport undertakings, water supply, Energy supply, waste water recovery, waste water disposal, wind protection, climate protection and fire protection systems, installations for protection against immissions or emissions, play and sports facilities as well as installations that protect nature conservation, landscape management or recovery, land may be relatively small in size in the Industrial cleaning procedures are provided. The land resettlement plan determines who the country is allocated to property. To the extent that an installation does not at the same time serve the economic interest of the participants, the owner of the facility for the country and the resulting damage shall make an appropriate amount of capital to the participating community. Unofficial table of contents

Section 41

(1) The National Certification Authority shall, in consultation with the Management Board of the participating Community, draw up a plan on Community and public installations, in particular on the collection, modification or re-designation of public roads; and Roads as well as the water-economy, soil-improving and landscaping installations (infrastructure and water plan with a landscape-based accompanying plan). (2) The plan is with the institutions of public affairs, including the the agricultural professional representative at a hearing date. Objections to the plan must be brought forward in order to avoid the exclusion at the hearing date; this should be pointed out in the summons and in the date. The charge period shall be one month. The charge shall be accompanied by an extract from the plan which contains the provisions by which the institutions of public interest shall be affected. (3) The plan shall be determined by the upper land cleaning authority. (4) The plan may be without prior notice. Implementation of a plan determination procedure by the upper floor cleaning authority shall be approved if objections are not to be expected or objections are not levied or are subsequently removed. In the event of changes and extensions, the planning of the plan can remain of insignificant importance. Cases of non-essential importance are particularly important if the rights of others are not affected or if agreements are reached with the parties concerned. (5) The determination of the plan will result in the admissibility of the project. , including the necessary follow-up to other installations with regard to all public matters which it touches; in addition to the plan, other official decisions, in particular public-law authorisations, are Ceremonies, permits, authorisations, consents and Plan findings not required. Through the planning of the plan, all public relations between the institution of the project and those affected by the plan are regulated in a legally-designed manner. The rights of the participants in accordance with § § 44, 58 and 59 shall remain unaffected. (6) The planning determination decision shall be awarded to the institution of the project and to the board of the participating community with an appeal for the right of appeal. Unofficial table of contents

§ 42

(1) The participating Community shall establish and maintain, until the date of delivery to the entertainers, the Community annexes, unless otherwise specified by law, until such time as the provisions of the law are otherwise determined. The plants can be built before the implementation of the land plan, in so far as the road and water plan with an accompanying landscape plan is established for them. (2) The Community plants are to be built by the Parcels of land management plan shall be allocated to the participating community and shall be maintained by the participating community, unless otherwise determined by the land resettlement plan or by any other statutory provisions. They can be assigned to the municipality if it agrees. The countries can meet a different arrangement. (3) Owners of land that do not belong to the land cleaning area but have substantial advantages through the plant can benefit from the advantages of the land resettlement plan. to the cost of maintaining such facilities. The share of the costs is to be paid to the maintenance obligations. It shall be held liable as a public burden on the land for which it is fixed. Unofficial table of contents

Section 43

Should installations within the meaning of the Law on Water and Ground Associations (Water Verbal Law) of 12 February 1991 (BGBl. 405) are carried out in the industrial cleaning procedure, the land cleaning authority may set up a water and soil association in accordance with the rules on water and soil associations in order to carry out and maintain these facilities. During the industrial cleaning process, the floor cleaning authority is the supervisory authority and the upper floor cleaning authority is the upper supervisory authority of the association.

Second section
Principles for severance

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Section 44

(1) Each participant shall be deducted from the same value for his land, taking into account the deductions made in accordance with § 47. The values determined in accordance with § § 27 to 33 are to be used in the calculation of land settlement. The date on which the new legal status will replace the previous one (§ 61 sentence 2) is decisive. In the case of provisional possession, the date in which it becomes effective is the date in which it becomes effective. (2) In the case of land settlement, the business conditions of all participants must be weighed against each other and all circumstances must be taken into account, which have an important influence on the yield, use and exploitation of the land. (3) Land severance must be shown in as large a land as possible. Unavoidable more or less expultions of land are to be compensated in money. The land must be made accessible by means of the land; the necessary flood is to be created, as far as possible. (4) The land settlement of a participant shall be in the manner of use, quality, ground quality and distance from the business stove or from (5) If a complete change of the existing land is compatible with a generous pooling of the land ownership according to modern economic knowledge. (5) the structure of a holding is required, it shall be subject to the consent of the Participant. The costs of the change are execution costs (§ 105). (6) The land severance can be expelled by way of exchange in another land resettlement area, to the extent that it is appropriate for the implementation of the land settlement and in the shall enter into the new legal status at the same time. In such cases, the land clearance is determined by the land clearance plans of the corridor cleaning areas in which they are designated. (7) If the relevant rightholders agree, the land cleaning authority and the Congregation (s), by mutual agreement, the owner of a land situated in a land resettlement area with a plot of land in an area in which a transfer shall be carried out in accordance with the fourth part of the first chapter of the Construction code is carried out. The same shall apply if the owner of a land situated in a relaying area is to be found with a plot of land in a land conurbations area. In addition, paragraph 6 shall apply accordingly.

Footnote

(+ + + § 44 (1) sentence 4: For application, see Art. 3 G v. 15.3.1976 I 533 + + +) Unofficial table of contents

§ 45

(1) If the purpose of the land resettlement requires it, it may be changed:

1.

yard and building areas;

2.

Parcanlagen;

3.

natural monuments, nature reserves as well as protected landscape parts and protected landscape components;

4.

Lakes, fish ponds and fish farms;

5.

waters serving a commercial operation;

6.

Sports facilities;

7.

gardening;

8.

Cemeteries, individual burial sites and monuments;

9.

Installations used for public transport, flood protection, public water supply and energy supply, as well as waste water recovery or disposal;

10.

Sol-and mineral springs with the corresponding land;

11.

Industrial installations for the production of soil constituents, provided that they are permanently in operation, and deposits of natural resources subject to the supervision of the mountain authority.

In the cases of points 9 to 11, the consent of the owners is required. It is not required in the cases of point 9, provided that they are installations which serve a Community interest within the meaning of Section 39 (1). (2) If the purpose of the land resettlement cannot be achieved in a different way, it may be possible to: the land referred to in paragraph 1 (1) to (8) shall be laid or given to another. However, in the case of residential buildings and in the cases of points 2, 7 and 8, the consent of the owners, in the case of cemeteries, is also required by the agreement of the churches involved. (3) To be taken into account in the stock of natural monuments, Protected landscape areas and protected landscape parts and protected landscape components are also required for the prior approval of the authority responsible for nature conservation and the countryside administration. Unofficial table of contents

Section 46

If parts of the corridor area are improved by means of special measures with considerable public funds in the industrial cleaning procedure and the value of these land plots has been substantially increased, the assessment of the severance of the land area of the land area Participants of the increased value will be used. The increased value shall be determined, if necessary, by re-determining the value in accordance with § § 28 and 31 to 33, taking into account the burden of costs remaining for the participants. The proceeds of the country which is not required to pay the participants is to be used to cover the costs of the improvement. Unofficial table of contents

§ 47

(1) The reason and the ground required for the Community installations and public installations in accordance with § 40 shall be equal to the value of all the land of the land conurbations according to the ratio of the value of their old land to the value of all the land. , in so far as it is not covered by installations of the same type existing before the cleaning of the land or by a surplus of area resulting from the new measurement of the land area, or is given by individual participants; in the same way, a lack of area resulting from the new measurement is to be applied. The proportion to be applied by the participants may be increased for unforeseen purposes, for misforms and for compensation. (2) For such parts of the land reclusive area, in which, for special reasons, there is a greater need for ground and ground for Community or public installations than in other parts, a measure which deviates from the other area of the other land area may be fixed at the expense of the beneficiary participants. (3) The land cleaning authority may, in order to avoid Obvious and unreasonable hardship of individual participants exceptionally out of the application of their share of the Community or public installations, in whole or in part, to the detriment of the other participants. Unofficial table of contents

§ 48

(1) Land belonging to the land resettlement area, which are in the form of a common property according to old Herkommen, can be divided. (2) If it serves the purpose of land cleaning and the owners agree, communal property may be Land is also divided in other cases, or reformed in the form of co-ownership. Unofficial table of contents

§ 49

(1) If it requires the purpose of land cleaning, serviceability, real loads and labour rights can be made on a property as well as personal rights which entitle or authorize the use of a property or the use of a property. are to be repealed. A severance payment will not be granted for rights that will be deprivated by the land agreement. If the rights referred to in the first sentence are repealed, which shall not be revoked, the beneficiaries shall be found in money either in the country, by the same rights or with their consent. § 44 (3) sentence 2 shall apply in the case of severance payment in the country or by similar rights, and § § 52 to 54 shall apply in the case of severance payment in money. In so far as the settlement in the country or by similar rights is impossible or is not compatible with the purpose of the land settlement, the beneficiaries are to be found in money. (2) A right referred to in the first sentence of paragraph 1 is at the request of the entitled person if it could no longer be exercised on the previous scale in the event of a transition to land severance. (3) The reduction in the value of the old property following the existence of a right to be repeal shall only be taken into account in the severance of the participant if it is significant. Unofficial table of contents

§ 50

(1) Fruit trees, bushes, vines, hops, soil age, cultural monuments as well as trees, field trees and hedges, the conservation of which is necessary for reasons of nature conservation and the maintenance of the countryside or for other reasons, has the recipient (2) For the wood plants referred to in paragraph 1, the participating community shall pay the previous owner in money; it may require the recipient of the land settlement to obtain a refund of the land. With the consent of the National Certification Authority, the participants may agree otherwise. No financial compensation shall be given for barren, non-fertile, herbal or abusive fruit trees, for heredible or abusive burials, vines, hops, and for trees other than those referred to in paragraph 1; the previous Owner can remove it. The same applies to vines and hops, which are to be removed according to other statutory provisions; the provisions on compensation under these laws shall remain unaffected. (3) Countries may determine that fruit trees, To remove burns or vines, if soil improvers or other measures to promote yields, such as: (4) For other essential components of land not covered by paragraph 1, in particular for buildings, the previous owner, or otherwise, shall be deemed to have been responsible for the construction of the land. Authorized separately. Unofficial table of contents

Section 51

(1) A temporary difference between the value of the old land and the value of the land severance, as well as other temporary disadvantages of individual participants, which significantly reduces the level of similar disadvantages incurred by the other participants (2) The Community may require reimbursement of the compensatory payment it has paid from the person who thereby benefits, in accordance with the ratio of his/her share of the benefits. Unofficial table of contents

Section 52

(1) A participant may, with his consent, be found in money, in whole or in part, instead of in country. (2) The consent shall require written form to be effective. It can no longer be revoked; if it has been granted to the National Cleansing Authority or has been included in a negotiating document (§ § 129 to 131). (3) If the consent has become irrevocable, the participant shall be entitled to the property, for which he is to be found in money, no longer divans or burdened. The prohibition of disposal (Section 135 of the Civil Code) shall be entered in the land register at the request of the Parcel Cleanup Authority for the local community or, in the case of the consent of a particular third party, for the latter. As long as the right of disposal is not registered, the right-of-business acquirer of the land, a right in the property or a right to such a right shall be subject to the payment of the money settlement only against him if he/she the ban on disposal was known in the case of the acquisition; § 892 of the Civil Code applies accordingly. If a participant is found in money only for a part of the land, the prohibition of disposal shall be entered only for that part. Unofficial table of contents

Section 53

(1) If a participant is found in cash or in whole or in part, and if he agrees to the amount of the money settlement, it can be disbursed prior to the execution of the settlement plan, as soon as the prohibition of disposal (Section 52 (3)) in the case of the participant's payment is not Land register is registered. After payment of the money settlement, your change can no longer be required. (2) If the property is burdened with the rights of third parties, the severance payment shall be paid to the owner after deduction of the value of these rights. A personal fault on the part of the owner on which this right is based may take over the participating community or a non-profit settlement company without the need for the creditor's approval. The acquisition will take effect with the notification to the creditor. Until that date, the participating community or the settlement company is obliged to the owner to satisfy the creditor in good time. Unofficial table of contents

§ 54

(1) Cash severance and money-matching shall be appropriate. The capital gains shall be determined on the basis of the value according to § 28, in the case of Bauflächen and Bauland, as well as in the case of construction equipment in accordance with § 29. You may be charged against contributions (§ 19). (2) The land which is not required as a result of money severance and pursuant to § 46 for the severance of the participants is to be used in a manner corresponding to the purpose of land cleansing or for settlement purposes. The land resettlement plan determines who the country is allocated to property. For the allocation, § 55 applies accordingly. Unofficial table of contents

§ 55

(1) If a settlement undertaking is a participant, the country of settlement entitled to it may, with its consent, be assigned to one or in parts of several settlers to property. (2) The land cleaning authority may in the following A mortgage plan for a mortgage charged to the land of the settlement enterprise to the individual parts of the country of severance, to the extent that these different settlers are allocated, in accordance with the land recovery plan, in accordance with the procedure laid down in the industrial cleaning procedure. Distribute the value. The creditor cannot object to the distribution. (3) After the entry of the new legal status, the settler is liable for the personal claim on which the distributed mortgage is based, insofar as it is the burden on his property with the Mortgage. (4) The provisions of paragraphs 2 and 3 apply to basic debt, pension liabilities and real loads; however, paragraph 2 applies only to parts of the old party, to the extent that the maintenance of the person concerned is subject to the following conditions: is not endangered by the distribution.

Third Section
Floor Cleanup Plan

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§ 56

Prior to the establishment of the land cleansing plan, the Parcel Cleanup Authority shall, where necessary, ensure the establishment of fixed border signs at the border of the territory of the corridor clean-up. It shall include the necessary border recognition by the owners of the land bordering on the territory. The boundary recognition can be replaced by provisions of the corridor cleanup plan, which determines the boundary of the land cleansing area. Unofficial table of contents

Section 57

Prior to the preparation of the land cleansing plan, the participants are to be heard about their wishes for the severance. Unofficial table of contents

Section 58

(1) The floor cleaning authority shall bring together the results of the procedure in the industrial cleaning plan. The corridor plan shall include the road and water plan with an accompanying landscape plan, the Community and public installations, and the old land and rights of the parties concerned and their severance. , to demonstrate the other legal relationships. The owner or other authorized person registered in the land register shall also be designated in the land resettlement plan even if another person has been treated as a participant in his place pursuant to § 12 sentence 2 and 3 as well as § § 13 and 14. (2) Municipal boundaries can be changed by the land resettlement plan, as far as it is appropriate because of the land cleaning process. The change also refers to the county, district and national borders if they are in accordance with the municipal boundaries. If the change in the municipality or district boundaries is intended, the competent local authority shall be notified in good time; the change shall be subject to the agreement of the local authorities concerned. If the change in district or national borders is intended, the competent supreme national authorities shall also be notified in good time; the change shall be subject to the agreement of the participating countries and local authorities. (3) The Industrial cleaning plan requires the approval of the upper floor cleaning authority. (4) The plan for the implementation of the plan has the effect of the effects of the measures taken in the interest of the parties or in the public interest. Congregations. Upon completion of the resettlement procedure, the provisions may be amended or repealed with the consent of the municipal supervisory authority by the municipal authority. Unofficial table of contents

§ 59

(1) The corridor cleaning plan shall be notified to the parties concerned. The new division of the field should be explained on the spot on request. (2) Appeal against the announced parcels plan must be submitted by the parties in order to avoid the exclusion at a hearing date; this shall be the case in the Loading and pointing out in the appointment. The period of charge shall be two weeks. (3) Each participant shall be assigned an extract from the plan for the implementation of the plan, which shall show its new land by area and value as well as the ratio of its total compensation to that of the person who has been submitted. The excerpt is to be attached to the summons to the hearing date. If public notice is required, the extract shall be sent to the participants two weeks before the hearing. (4) Appeal in accordance with paragraph 2 shall be included in the minutes of the negotiations (§ § 129 to 131). (5) Countries may be replaced by the following: or in addition to the objection to which it is to be submitted during the date of the event, within two weeks after the date of the appointment. Unofficial table of contents

§ 60

(1) The ground cleaning authority shall be able to remedy justified contradictions. It can also make other changes to the parcel cleaning plan that it deems necessary. The notification of the amendments and the hearing shall be limited to the parties concerned. In addition, the provisions of § 59 shall apply. (2) The contradictions remaining after the conclusion of the negotiations shall be submitted by the Parcel Cleanup Authority in accordance with the provisions of Section 141 (1) of the Upper Parcel Cleanup Authority.

Fourth Section
Execution of the Parcel Cleanup Plan

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Section 61

If the industrial cleaning plan has become indisputable, the floor cleaning authority orders its execution (execution order). The date to be determined in the execution order shall be replaced by the new legal status provided for in the plan for the implementation of the plan for the implementation of the plan. Unofficial table of contents

Section 62

(1) The execution order and the date of the entry of the new legal status (§ 61 sentence 2) shall be made public. The notice shall be mentioned in the notice period pursuant to § 71 sentence 3. (2) By means of transfer provisions, to which the board of the participant community is to be heard, the land cleaning authority regulates the actual transfer to the new state, including the transfer of ownership and the use of the new land. (3) The provisions of the transfer are to be taken into account by the municipal administrations of the land-cleaning communities or with the board of the participating community for the purpose of inspection of the To interpret the parties. The interpretation shall be made public. Unofficial table of contents

§ 63

(1) The execution of the land resettlement plan may be arranged before its unquestionability if the floor cleaning authority has submitted any contradictions according to § 60 para. 2 of the upper floor cleaning authority and from a longer postponement (2) If the prematurely executed resettlement plan is subject to an indisputable change, this amendment will have legal effect on the implementation of the plan. Execution set date set back. The actual execution of the change shall be governed by the floor cleaning authority by means of transfer provisions. The amendment shall be notified to the parties concerned. Unofficial table of contents

Section 64

The floor cleaning authority may also amend or supplement the plan of implementation of the plan according to the execution order (§ § 61 and 63), if public interests or important, unforeseen economic needs of the parties require it or if you become aware of a court decision that has become final. § § 59 to 63 apply to the procedure; § 63 (2) applies even if the execution of the land cleansing plan was arranged according to § 61 sentence 1.

Fifth Section
Provisional Ownership

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Section 65

(1) The parties concerned may be provisionally admitted to the possession of the new land if their limits have been transferred to the locality and the final evidence of the area and value of the new land is available and the ratio the severance of the severance to the fixed amount received by each party. The new field classification shall be communicated to the parties and shall be explained on request on the spot. The provisional possession instruction can be restricted to parts of the land conurbations area. (2) The National Cleaning Authority orders the provisional possession instruction. The provision of section 18 (2) shall not apply. The provisional possession of the goods shall be made public; in the cases referred to in the third sentence of paragraph 1, it may also be served. The provisions of Section 62 (2) and (3) shall apply mutatily. Unofficial table of contents

Section 66

(1) With the date specified in the transfer provisions, the possession, management and use of the new land shall be based on the beneficiaries designated in the new field classification. To the extent that special legal relationships may exist in products or other components, the recipient shall be deemed to be the owner of the new land. In particular, the products of the new land are in legal relation to the place of the products of the old land. (2) The provisions of § § 69 to 71 shall apply mutatily. (3) The legal effects of the provisional possession statement end with the implementation of the corridor cleaning plan (§ § 61 and 63). Unofficial table of contents

Section 67

(1) The settlement and severance in money shall be made as soon as possible to the order in accordance with Section 65 (2) insofar as the rights of third parties are not to be observed in accordance with the provisions of § § 74 to 78. (2) amounts which, according to the definitive findings in the The repayment plan is to be paid at a different level or by other participants, and must be compensated after the maintenance plan has been carried out.

Sixth Section
Safeguarding the rights of third parties

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Section 68

(1) The land settlement shall be replaced by the old land in respect of the rights of the old land and the legal relationships relating to these land, which shall not be abolished (§ 49). The local public burdens resting on the old land shall be borne by the new land in their local situation. (2) A land settlement shall be granted for several old land or authorizations which shall be given by: different legal relationships will be affected, the National Cleansing Authority must determine which new land or fractions of new land will replace the individual old land or authorizations. (3) On request and, shall, where necessary, also on its own account, have been issued by the Point out of the fractions of a fraction defined in accordance with paragraph 2 of this Article. This does not apply in respect of the fractions of allowances of the kind referred to in § 49 (1) sentence 3. Unofficial table of contents

Section 69

The Nießbraucher has to pay a fair share of the contributions to the owner (§ 19) and to interest the owner of the remaining contributions from the payment date at the appropriate rate. Accordingly, a compensatory payment must be paid, which the owner has to pay for a multi-allocation of land subject to the usufruction. Unofficial table of contents

Section 70

(1) In the case of lease relationships, a difference in value between the old and the new lease is to be compensated by increasing or reducing the lease or in any other way. (2) The lease of the lease by the land settlement shall be changed to such an extent that the If the tenants are made much more difficult to manage, the lease is to be resolved at the end of the first lease year, which is on the date of the implementation of the execution order or the next one. (3) The provisions of paragraphs 1 and 2 shall not apply, as far as the parts of the contract have been subject to a derogation. Unofficial table of contents

Section 71

The Office of the Enforcement Authority shall decide on the services provided for in § 69, the compensation in accordance with § 70 (1) and the dissolution of the lease according to § 70 (2). The decision shall only be made on request; in the case of section 70 (2), only the tenant shall be entitled to apply. Applications shall be submitted at the latest three months after the date of adoption of the execution order to the Office of the Enforcement Authority. Unofficial table of contents

Section 72

(1) If a participant is found only in money, the holders of mortgages, basic debt, pension liabilities and real loads on the old land, as well as creditors of arrests of public burdens or as a public burden on the old (2) If a payment is made for a number of old land or allowances subject to different legal circumstances, the National Enforcement Authority must determine which of the different legal conditions shall be determined by the Partial amounts of the money settlement to the site of the old land or Assign permissions. Unofficial table of contents

Section 73

If a participant is found only in money, holders of rights and holders of employment rights are entitled to the old land or to the rights or personal rights which entitle them to take possession or use of these land or to use them. Restrict the use of these plots separately. The provisions of section 49 (1) and (3) apply accordingly. Unofficial table of contents

Section 74

If a participant is only found in money, the rights according to § 72 (1), insofar as they are clear from the land register or otherwise known, shall be uphold in accordance with the following provisions:

1.

If the rights are not in dispute, participants and beneficiaries agree on the disbursing and do not assert a third party's rights in the severance of the money, the ground cleaning authority shall inform the participating community that the money shall be paid to the beneficiaries. to be paid.

2.

If the rights in dispute or participants and beneficiaries do not agree on the payment or if a third party asserts rights in rem in the severance of the money, the ground cleaning authority shall inform the participating community that the money shall be in favour of the To deposit the money taken by participants, the beneficiaries and the third party in the case of the district court competent in accordance with point 3 for the distribution, without the right of withdrawal. After the deposit, claims can no longer be asserted on account of the cash settlement in the industrial cleaning procedure. The district court shall distribute the deposited amount in accordance with § 75. § 108 shall not apply.

3.

The district court is responsible for the distribution, in the district of which the land burdened with the rights is situated. If the burdened land is located in the districts of different local courts, the district court is responsible, in the district of which the larger area of the polluted land lies. In case of doubt, § 2 of the Law on Forced auction and the Forced Administration is applicable in the version of the notice dated 20 May 1898 (Reichsgesetzbl. 369, 713), as last amended by the Introductory Act on the Penal Code of 2 March 1974 (Bundesgesetzbl. 469), accordingly.

4.

Mortgages, basic debt, pension liabilities and real burdens that are not satisfied from the money settlement are extinguisher.

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§ 75

(1) Upon the entry of the new state of law, any interested party may exercise his right in the deposited sum against a co-participant who denies that right before the ordinary courts or the opening of a (2) Rules relating to the distribution of the proceeds in the case of forced auction shall apply mutagenly to the distribution procedure, with the following exceptions:

1.

The distribution procedure shall be opened by decision.

2.

The notification of the opening decision to the applicant shall be deemed to be a seizure within the meaning of Section 13 of the Forced Auction Act. If the property has already been confiscated in a forced or compulsory administrative procedure, then it will have to do so.

3.

At the opening of the proceedings, the Court of Appeal has to ask for the Basic Buchamp to be notified of the communications referred to in Article 19 (2) of the Forced Distribution Act; the certified copy of the basic book shall be that at the time of the opening of the proceedings. the entry of the new legal status on mortgages, basic debts, pension liabilities and real loads, as well as the changes and deletions that were subsequently entered into.

4.

Claims for recurring ancemals shall be taken into account only up to the date of deposit.

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Section 76

(1) In addition to a land settlement, a participant holds a cash settlement and exceeds the amount of a thousand Deutsche Mark or the twentieth part of the value (§ § 28 and 29) of the loaded old land, so the ground cleaning authority has the following: (2) If a request is made in good time, the person entitled to the payment in accordance with § 74 shall be informed of the fact that their rights to the settlement of the money in the resettlement procedure shall be maintained only if they request it within one month. (2) the land management authority shall have the right of the applicant to the extent that: To take account of the rights in the range by the value of the land settlement for the loaded old land is not secured, and to uphold the rights in the range below in accordance with the provisions of § 74. This shall not apply if, within a period to be determined by the Office of the Enforcement Authority, the participant restores the reduced level of security by eliminating in the range of previous rights other land shall be deemed to have been removed from the ground. It is possible to add components or to permanently improve the severance of the severance. Unofficial table of contents

Section 77

The provisions of § § 74 to 76 shall apply accordingly if the rights of third parties exist on the rights which are to be uphold in accordance with § 74 or whose holders are to be found in money in accordance with § § 49 or 73. Unofficial table of contents

Section 78

The participating community shall be prepared to make available to a credit institution a financial deposit up to its use for the eligible beneficiaries.

Seventh Section
Rectification of public books

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§ 79

(1) After the entry of the new state of law, the public books shall be rectified at the request of the land cleaning authority in accordance with the floor plan. (2) For legal changes, which depend on the decision in an appeal procedure. , the request shall be made only if the decision has become indisputable. Unofficial table of contents

§ 80

The request for correction of the basic book shall be accompanied by a certificate of the entry of the new state of law and a certified extract from the rectification plan, which must prove:

1.

the owners of the land belonging to the corridor;

2.

the old land and allowances as well as the severance of the old land;

3.

land allocations and the Community and public installations;

4.

the rights to be deleted, the rights to be transferred to new land and the rights to be re-entered.

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§ 81

(1) Until the rectification of the Liegenschaftskatasters the floor plan serves as an official list of the land (§ 2 para. 2 of the basic book order). (2) Has the floor cleaning authority the documents for the rectification of the property register in the case of the authority responsible for the management of the property register, the competent authority shall be responsible for the continuation of the dossier even before the completion of the corrigendum. Unofficial table of contents

Section 82

As long as the rectifying authority has not yet initiated the correction of the basic book, a participant whose rights are not likely to be affected by inconsistencies against the rectification plan may request that the party to the rectification plan be Land certification authority immediately asked the Land Registry to rectify the land register by registering its new land. In addition to the certificate of entry of the new legal status, the request shall be accompanied only by proof of the applicant's old and new land. Unofficial table of contents

Section 83

Subsequent amendments, additions or corrections of the corridor cleaning plan (§ § 64 and 132) shall be transferred to the land register in accordance with § § 79 to 82.

Fourth part
Special provisions

First section
Forest land

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Section 84

Rural property in the sense of this law is also forest land. Unofficial table of contents

§ 85

The following special provisions shall apply to the inclusion of forest land in an industrial cleaning procedure:

1.

In the cases of § 5 (2) and § § 38 and 41 (2), the forestry professional representation is to be involved accordingly.

2.

For the inclusion of a closed forest area of more than ten hectares, the approval of the Forestry Authority is required.

3.

Contributions (§ 19) are not to be collected for larger woodland plots which do not need to be put together and which have no significant advantage from the land resettlement.

4.

If the value of a timber stock is to be determined, the principles of forest accounting should be applied.

5.

From the announcement of the repuration decision to the execution order, timber enacts exceeding the scope of an orderly management shall require the approval of the land certification authority; the consent may only be given by agreement be issued with the Forestry Authority.

6.

Where timber charges have been carried out in accordance with the provisions of point 5, the rectifying authority may order that the person who has pledged the timber shall return the area which has been deforested or cleared under the instructions of the Forestry Authority to be properly put into stock.

7.

A closed forest area of more than three hectares shall be significantly altered only with the approval of the owner or the forest inspection authority.

8.

If a forest area is allocated to another, the timber is to be used for standing wood, if possible, in wood values.

9.

The division of forest land belonging to communal property (section 48 (1)) and the abolition of serviceability (§ 49 para. 1) require the approval of the forestry authority.

10.

Section 31 (2) and § 50 shall apply accordingly.

Second section
Simplified land development process for land development

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§ 86

(1) A simplified industrial cleaning procedure may be initiated in order to:

1.

Measures of land development, in particular measures of agricultural structures improvement, settlement, village renewal, urban development measures, measures of environmental protection, the near-natural development of water bodies, nature conservation and the to enable or to design the landscape or landscape image,

2.

to remove disadvantages for the general state culture which are created or created by the production, modification or disposal of infrastructure facilities or by similar measures,

3.

Resolving land-use conflicts or

4.

to carry out a new order of land ownership in hamlets, municipalities of smaller size, areas with individual courtyards, as well as in municipalities that have already been flooded with land.

(2) The following special provisions shall apply to the procedure referred to in paragraph 1:

1.

By way of derogation from § 4, first half-sentence, as well as from § 6 (2) and (3), the floor cleaning authority shall order the land cleaning service by decision and shall establish the land cleaning area. The decisive part of the decision may be sent to the parties in a copy or made public.

2.

The simplified industrial cleaning procedure may also be initiated if a carrier of measures referred to in paragraph 1 applies for the cleaning of the land.

3.

The institution of the measure referred to in paragraph 1 shall be a subsidiary participant (Article 10 (2)).

4.

The announcement of the results of the valuation (§ 32) can be linked with the announcement of the parcel cleanroom plan (§ 59).

5.

Apart from the preparation of the path and water plan with a landscape-based accompanying plan (§ 41), it is possible to do so. In this case, the corresponding measures must be included in the corridor plan (§ 58).

6.

Planning of the institutions of public affairs cannot be taken into account if they are not implemented in accordance with § 41 (2) and in the case of point 5 in accordance with § 59 (2) until the date of the hearing of the hearing and thereby the implementation of the Parcel cleaning is unduly delayed.

7.

The execution order (§ 61) and the transfer provisions (section 62 (3)) can be sent to the parties in writing or made public.

8.

§ 95 shall apply accordingly.

(3) The institution of measures referred to in paragraph 1 shall pay to the participating community the costs of execution caused by it (§ 105); a corresponding contribution shall be paid to it by the plan for the implementation of the land plan. In the cases referred to in paragraph 1 (2), the costs of execution shall be imposed on the institution of the measure in accordance with the drawbacks resulting from the manufacture, modification or disposal of the installation, in so far as the drawbacks are in a Planning procedures according to other statutory provisions have not been taken into account and have only become apparent after the plan has been established. At the end of five years since the production, modification or disposal of the installation, the costs referred to in the second sentence may no longer be imposed on the institution of the measure.

Third Section
Provision of land on a large scale for enterprises

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Section 87

(1) If, on a special occasion, an expropriation is allowed which would be used on a large scale by rural land, a resettlement procedure may be initiated at the request of the expropriation authority, if the person concerned is responsible for the expropriation of the land. the resulting loss of land to a larger circle of owners, or disadvantages for the general culture of the country, which are created by the company, should be avoided. The extent of the distribution of land loss is to be regulated in agreement with the agricultural professional representative. (2) The land resettlement procedure may already be arranged if the plan determination procedure or a corresponding one of the following are: The procedure for the undertaking to which the expropriation is to be carried out shall be initiated. The announcement of the corridor cleaning plan (§ 59) and the provisional instruction of the participants in the possession of the new land (§ 65) may only be made after the plan determination for the company or the corresponding (3) If the plan determination procedure or the corresponding procedure is set, the land resettlement procedure shall also be discontinued (§ 9). The upper floor cleaning authority may, however, order the resettlement procedure to be carried out as a procedure in accordance with Articles 1 and 37 or Article 86, if it is required to carry out such a procedure and the (4) The upper floor cleaning authority may, at the request of the expropriation authority, order an industrial cleaning procedure as a procedure under § § 87 to 89 shall be implemented if the requirements of paragraph 1 are fulfilled; § 5 Par. 1 and 2 and § 6 (2) and (3) shall apply accordingly. Unofficial table of contents

Section 88

The following special provisions shall apply to the industrial cleaning procedure in the case of § 87:

1.

The special purpose of the proceedings is to be pointed out in the industrial cleaning decision (§ 4) and in the clarification of the property owners (§ 5 (1)). The requirements of § 1 do not need to be met.

2.

The carrier of the company is a subsidiary participant (§ 10 No. 2).

3.

At the request of the competent authority of the undertaking, the National Certification Authority may adopt a provisional arrangement in accordance with Section 36. The arrangement may be subject to conditions or made dependent on conditions, in particular on the performance of a security. The institution of the undertaking shall pay compensation in respect of the disadvantages suffered by the parties as a result of the provisional arrangement; this shall not apply to the extent to which the resulting disadvantages are caused by the provisional provision of spare areas to be balanced. The compensation shall be payable in the amount fixed by the Office for the Protection of the Land, to the hands of the participating community.

4.

The areas required for the company shall be applied by the participants according to the ratio of the value of their old land to the value of all the land of the land area of the corridor; § 45 shall not apply to this extent. Agricultural or horticultural holdings are to be used for the application only in so far as their economic continuity is not endangered. The land shall be allocated to the institution of the enterprise by means of the land resettlement plan. The carrier of the company shall be responsible for the damage to the company's money for the area raised by a participant.

5.

The institution of the undertaking shall have the disadvantages of creating, fixing and, insofar as this is not possible or at the discretion of the rectifying authority, it does not seem to be appropriate to provide compensation for the damage to the parties.

6.

The benefits to be provided by the institution's institution in order to remedy the disadvantages referred to in point 5 and the damage to the money referred to in points 3 to 5 shall be governed by the law applicable to the undertaking. They shall be fixed by the National Certification Authority after consultation of the institution of the undertaking. The damages are to be paid to the participant community and can be charged against contributions (§ 19). A settlement of the damages referred to in point 5 shall take place only to the extent to which they have not been used to remedy the disadvantages suffered by the undertaking. The institution of the undertaking shall make advances in the amount to be paid by the company in the amount to be paid by the national cleaning authority in respect of the damage to the money which it has to pay.

7.

Because of the amount of damage to the funds, only the legal proceedings before the ordinary courts shall be open in accordance with the law applicable to the company. The right to the payment of the money for the area applied by a participant can be asserted in court only if the land severance of all participants is indisputable. The time limit for the judicial assertion of the claim referred to in the second sentence shall commence only at the time when the rectifying authority has informed the person entitled to compensation, which is still open to the right of redress, that the Land severance of all participants is indisputable.

8.

The institution of the undertaking shall pay to the participating community the proportion of the costs of execution (§ 105), which shall be due to the provision of the allocated areas and the execution of the Community installations which have become necessary by the undertaking. is caused. The upper floor cleaning authority shall determine the share after hearing the institution of the undertaking. The institution of the undertaking may be required to pay advances to the participating community. They shall be fixed by the clean-up authority after consultation of the carrier of the undertaking.

9.

The carrier of the company shall pay the share of the costs incurred by the company. The share shall be fixed by the upper land-cleaning authority after hearing the institution of the undertaking.

10.

The simplified industrial cleaning procedure (§ 86) and the accelerated merger procedure (§ § 91 to 103) are not to be applied.

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§ 89

(1) Where, in the case of § 87, a participant does not have the right to compensation in the country under the law applicable to the company, the expropriation authority may decide that it is to be compensated for in the industrial cleaning procedure in money. The appeal of the decision is based on the law applicable to the company. (2) On the basis of the amount of the compensation for the payment of the payment, the National Cleansing Authority shall decide after the decision referred to in paragraph 1 has become indisputable. By way of derogation from Section 88 (7), the decision on the amount of the payment of the payment may already be appealed as soon as it has been issued. The damage to the money can be disbursed prior to the execution of the land cleansing plan; § 52 (3) and § 53 (2) apply mutagentily. Unofficial table of contents

§ 90

Where, in the case of rural land, a basic assignment is carried out or permitted on a large scale in accordance with the provisions of the regulations governing the mining industry, and where the property owners have the right to claim that the mining company is the property of the property, Land loss can be distributed to a larger circle of owners by means of a land cleaning procedure. In this case, the mining operator acquires the property through the land resettlement plan. The provisions of Section 88 shall apply mutatily.

Fifth Part
Accelerated coalation procedure

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Section 91

In order to bring about the improvement of production and working conditions in agriculture and forestry as quickly as possible in the field of land cleaning, or to enable the necessary measures to be taken in the field of nature conservation and the maintenance of the countryside, in cases where the installation of a new network of routes and major water management measures are not required at the outset, a merger shall take place in accordance with the following provisions. Unofficial table of contents

§ 92

(1) The pooling is a procedure carried out by the Office for the Protection of the Land, in which, within a given area (merging area), rural property, with the participation of the whole of the land owners involved, It is economically assembled, appropriately designed or rearranged. It may be limited to the property or parts of the land owned by certain owners. (2) The provisions relating to land cleaning shall apply mutatily to the merging, unless the purpose of the merger and the operation of the land is not § § 93 to 103 Deviations result. Unofficial table of contents

Section 93

(1) The merging shall be initiated if several land owners or the agricultural professional representative apply for them. In the case of nature conservation and landscape conservation measures, it may also be initiated if the competent authority responsible for the protection of nature and the countryside requests it and, at the same time, the merger takes the interest of the affected persons concerned. (2) For the arrangement of the merger (merger decision), Section 6 (1) and Article 86 (2) no. 1 shall apply mutagenly. Prior to the arrangement, the land owners, the agricultural professional representatives, the municipality and the municipal association are expected to be heard. Unofficial table of contents

Section 94

(1) Night-time changes in the merging area require the approval of the board of the participating community. (2) The termination of the procedure may be carried out after consultation of the board of the participating community and the agricultural sector. Professional representation from the National Cleansing Authority with the consent of the Upper Floor Cleaning Authority, if its implementation appears to be inappropriate. Section 93 (2) is to be applied in the appropriate way. Unofficial table of contents

§ 95

The formation of an Executive Board of the participating Community may be maintained. In this case, the tasks of the Board of the Assembly shall be subject to the participants ' meeting. The chairperson of the conference will be chaired by the participants elected by the participants. § § 21 to 26 shall apply mutatily. Unofficial table of contents

§ 96

The determination of the value of the land is to be carried out in a simple manner. The announcement of the results can be linked to the announcement of the merger plan (§ 100). Unofficial table of contents

Section 97

The shattered property is to be generously combined. As far as possible, entire parcels should be replaced. The change and new system of routes and waters, as well as soil improvements, should be limited to the most necessary measures. A road and water plan with a landscape-based accompanying plan (§ 41) is not set up. Where the pooling is carried out in order to allow for measures of nature conservation and the maintenance of the countryside, the corresponding measures shall be presented in the merger plan. Unofficial table of contents

Section 98

The principles of § § 44 to 55 apply to the severance, with the limitation that the land listed in § 45 may only be changed with the consent of their owners and § 48 para. 1 shall not apply. Unofficial table of contents

§ 99

(1) The severance arrangements shall be determined, where possible, by means of agreements with the parties concerned. The agreements shall be subject to the approval of the Parcel Cleanup Authority. In order to be effective, the written form (Section 126 of the Civil Code) is sufficient. (2) The National Certification Authority may provide appropriate posts, in particular the agricultural professional representation or the agricultural administration services, , with their consent or knowledgeable persons, to conduct the negotiations to reach an agreement with the parties concerned and to submit a joint plan. The contract may be withdrawn. (3) If an agreement is not to be reached, the severance of the contract shall be determined by the Office of the Enforcement Authority. The results of a preliminary planning according to § 1 (2) of the Act on the joint task "Improvement of the Agricultural Structure and the Coastal Protection" of 3 September 1969 (Federal Law Gazette) are the results of the preliminary planning. 1573), as amended by the Law amending the Laws on the Community Tasks of 23 December 1971 (Bundesgesetzbl. 2140), to take into account, to the extent possible, the plans of the agricultural professional or other agricultural bodies, as well as of nature conservation and the maintenance of the countryside, the requirements of spatial planning, the National planning and urban planning must be observed; the remaining provisions of § § 38 and 56 shall not apply.

Footnote

Section 99 (3) Kursive pressure: Now idF d. Bek. v. 21.7.1988 I 1055 Unofficial table of contents

§ 100

The rectifying plan shall be replaced by the rectifying plan. The provisions of § § 58 to 60 shall apply mutafictily to these. However, municipal boundaries are not to be changed. Unofficial table of contents

§ 101

The execution order (§ § 61 and 63), the arrangement of the provisional possession instructions (§ 65) and the transfer regulations are to be sent to the parties in transcript or to be made public. Unofficial table of contents

Section 102

The implementation of a merger procedure does not preclude the subsequent implementation of an industrial cleaning procedure. Unofficial table of contents

Section 103

The Bavarian Law on the merging of agricultural land (Arronment Act) as amended by the Notice of 11 August 1954 (Bayerisches Gesetz-und Regublatt, p. 169) and the Second Regulation of the Federal Council of the European Union (Bayerisches Gesetz-und regublatt p. 169) Ministry of State of the Land of Württemberg-Hohenzollern on the implementation of the Soil Reform Act (Agricultural Reform Ordinance) of 16 December 1949 (Government Gazer for the Land of Württemberg-Hohenzollern 1950 p. 7), as amended by the State Justice Costs Act of 30 March 1971 (Official Journal of the Federal State of Baden-Württemberg, p. 96), remain unaffected.

Sixth Part
Voluntary land exchange

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Section 103a

(1) In order to rearrange rural land to improve the agricultural structure in a fast and simple procedure, a voluntary land exchange can be carried out. (2) The voluntary land exchange can also be carried out for reasons of nature conservation and the Countryside care is carried out. Unofficial table of contents

Section 103b

(1) The voluntary land exchange is a procedure initiated by the National Certification Authority, in which, in the agreement of the relevant rightholders, rural land will be exchanged. The provisions relating to land cleaning shall apply mutagenicly to the voluntary land exchange, unless deviations result from the purpose of voluntary land exchange and § § 103c to 103i. (2) The provisions relating to the Participant community (§ § 16 to 26), on the valuation procedure (§ § 27 to 33), on the principles for severance (§ § 44 to 55) and on the provisional possession instruction (§ 65) as well as on the representative order (§ 119) do not apply. Unofficial table of contents

§ 103c

(1) The implementation of the voluntary land exchange presupposedly requires that the exchange partners apply for them in writing or in writing to the National Cleansing Authority. The request shall be rejected if the applicants fail to demonstrate that the voluntary land exchange is to be carried out. The refusal of the application must be justified; it is to be notified to the applicants. (2) For the order of the voluntary land exchange, § 6 (1) sentence 2 and § 86 (2) no. 1 apply accordingly. Unofficial table of contents

§ 103d

The ground cleaning authority is responsible for the termination of the procedure; § 9 (1) and § 86 (2) no. 1 apply accordingly. Unofficial table of contents

§ 103e

The barter plots are to be generously merged. As far as possible, entire parcels are to be exchanged and measures to improve the way and water, as well as soil improving measures, are avoided. A road and water plan with a landscape-based accompanying plan (§ 41) is not set up. Unofficial table of contents

§ 103f

(1) The exchange plan shall be replaced by the land cleaning plan. The rectifying authority shall bring about the declarations of consent of the rightholders concerned. If there are no objections to the implementation of the voluntary land exchange, the National Certification Authority shall conclude the agreements on the land to be exchanged and on the benefits, other than those concluded between the exchange partners. Regulations and all rights, in particular the rights in rem, in a Tauschplan. (2) The Tauschplan is to be discussed with the participating exchange partners in a hearing date. The Office for the Protection of the Protection of the Exchange Office provides certainty about the person of the exchange partners. The exchange plan is to be read out to the exchange partners and to submit them for approval and signature. If an agreement cannot be reached on the exchange plan, the voluntary land exchange will not be established and the ground cleaning authority shall order the termination of the procedure; § 103d shall apply mutationally. (3) Agreement on the exchange plan shall be determined. , the exchange partners and the rightholders otherwise concerned shall be awarded an extract from the exchange plan which concerns them. After the unquestionability of the exchange plan, the floor cleaning authority orders its execution. The execution order must be sent to the affected rightholders in writing or made public. (4) The declaration of consent of a exchange partner or other interested rightholder can be made by the person who is responsible for the property. or the right shall be acquired by law or by way of enforcement until the date on which the execution order becomes indisputable to him; this shall be deemed to be valid if a third party is entitled to Land or the right to be justified. In the event of revocation, the fourth sentence of paragraph 2 shall apply mutatically. (5) Declarations made for the implementation of the voluntary land exchange shall require the consent of a third party or the judicial or administrative authorization to the extent that: relevant legal business declarations would require such consent or approval. Unofficial table of contents

§ 103g

The expenses required for the execution of voluntary land exchange are to be charged to the exchange partners in accordance with the exchange plan. Unofficial table of contents

§ 103h

The final position (§ 149) is not required. The procedure is terminated as soon as the public books are corrected. Unofficial table of contents

Section 103i

The implementation of a voluntary land exchange does not preclude the subsequent implementation of an expedited merger procedure or an industrial cleaning procedure.

Seventh Part
Connection of industrial cleaning procedures to accelerated resettlement procedures and voluntary land exchange

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Section 103j

An industrial cleaning procedure can be continued either entirely or in parts of the land resettlement area as an accelerated coalation procedure or as a voluntary land exchange. Unofficial table of contents

§ 103k

An accelerated pooling process can be continued in whole or in part of the merging area as a voluntary land exchange.

Eighth Part
Cost

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Section 104

The personal and causal costs of the agency's organisation (process costs) are borne by the country. Unofficial table of contents

Section 105

The expenses required for the execution of the land cleaning are incurred by the participant community (execution costs). Unofficial table of contents

Section 106

Owners of land that do not belong to the land cleaning area but have substantial advantages from the land cleaning plan are to impose the benefits of the corresponding contribution to the cost of execution by means of the land resettlement plan. The contribution shall be considered as a public burden on the land for which it is fixed. Unofficial table of contents

Section 107

(1) If the execution of an application for the implementation of the industrial cleaning procedure is not necessary, the applicant shall bear the costs. The rectifying authority shall determine the amount of the costs to be charged, taking into account the actual adult costs. It may levy an advance from the person liable to pay which is to be calculated on the basis of the costs likely to be incurred; if the advance is not paid within the time limit specified by the land cleaning authority, the application may: (2) costs which are caused by the freezing of appointments or other measures necessary for the implementation of the procedure and by default (§ 134) can be charged to the burden of which it has been indebted. Unofficial table of contents

Section 108

(1) Transactions and negotiations which are used for the implementation of the land settlement, including the correction of the public books, are free of charges, taxes, costs and charges, without prejudice to provisions relating to the Fees, costs and charges based on national law. (2) Freedom of charge, tax, costs and discharge shall be recognised by the competent authority without verification, if the rectifying authority assures that a Business or a negotiation of the implementation of the land cleaning service. (3) The Paragraphs 1 and 2 shall not apply to the basic value tax.

Ninth Part
General procedural rules

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§ 109

The agricultural, forestry or fisheries professional representation, insofar as it is to be heard or to be involved in accordance with the provisions of this law, is the Chamber of Agriculture. In those countries in which an agricultural chamber does not exist or is not authorized to represent a profession, the supreme authority responsible for agriculture shall determine the organisation and its institution which shall, in individual cases, . Unofficial table of contents

§ 110

The public notices required by this Act shall be made in the congregations and in the adjacent municipalities where the parties, representatives, authorised agents or the receiving agents are resident there, in accordance with the procedures laid down for the Directive. Public procurement of local authority dispositions. Authorities, bodies of public law and the chairperson of the participating community are to receive copies of the notices. Unofficial table of contents

Section 111

(1) Charges and other communications may, in so far as this law does not determine otherwise, be disclosed in any form. If charges and other communications are to be disclosed to a number of interested parties in parcels or adjacent municipalities, the announcement may be made by means of a public notice, unless otherwise specified by law. (2) The Notice must be shown in a document if the summons or notification are to set a deadline or if legal consequences are to be linked to their non-observance. (3) Notices in public bodies should also be notified in writing. , Unofficial table of contents

Section 112

The provisions of the Administrative Appointing Act shall apply to the delivery procedure. In addition, the special type of service, which is regulated in § 113, applies. Unofficial table of contents

Section 113

A number of participants in a municipality can also be delivered through circulation. The following shall apply:

1.

The document to be submitted shall be submitted for information. A certified copy shall be deposited with the municipality of the place of delivery or in the case of one of the parties to which the circulation is addressed. The deposit shall be noted in the document.

2.

In the cases of Section 5 (2) of the Administrative Appointing Act, a written notice on the deposit of the certified copy (number 1) shall be handed over or left in place of the document. The notification pursuant to Section 5 (2) of the Administrative Appointing Act (Verwaltungszustellungsgesetz) in conjunction with Section 181 (1) sentence 2 of the Code of Civil Procedure is also to be pointed out in the communication.

3.

Revocation notices may not be delivered by circulation.

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Section 114

(1) In the charges must be pointed to the subject matter of the trial and the legal consequences of the stay. (2) Between the announcement of the summons and the date stage must, insofar as this law determines nothing else, a deadline of one week. If a charge is made by means of a public notice, the charge period shall be two weeks. (3) The parties concerned may waive compliance with the statutory charge periods and the other provisions relating to the charge. The waiver shall be deemed to be a waiver if a party appears in the appointment and does not shy away from the defect before the trial of his or her cause. Unofficial table of contents

§ 115

(1) The statutory periods begin with the announcement (service), if public notices are made, with the first day of the notice. (2) The provisions of the Civil Code shall apply to the calculation of the time limits. If the end of a period falls on a Sunday, a general holiday or a Saturday, the deadline shall end with the expiry of the next working day. Unofficial table of contents

Section 116

(1) The National Certification Authority and the Upper Office of the Enforcement Authority may order the personal appearance of the parties concerned, hear experts and witnesses, and collect the evidence required at their discretion to the full. They may order that interested parties present the necessary documents in their possession, mortgage, primary debt and pension creditors who present the mortgage, basic debt and retirement debt certificates in their possession. (2) Only the Federal Court of Appeal or the District Court can hear witnesses and experts in an urgent manner by means of mutual assistance. The provisions of the Code of Civil Procedure shall apply mutatily. Section 135 (1) sentence 1 shall remain unaffected. Unofficial table of contents

Section 117

(1) The order in the negotiations shall be kept by the negotiator. (2) He may have persons who do not comply with his orders for the maintenance of the order be removed from the place of negotiation. (3) For persons who are guilty of an undue charge, or (4) The removal of persons, the establishment of an order of order, and their cause are to be found in the order of the order of the law. To include the negotiating table. Unofficial table of contents

Section 118

Bodies of public law do not require the approval of their supervisory authority for the declarations to be issued by them. Unofficial table of contents

§ 119

(1) At the request of the land certification authority or the upper land certifying authority, the court competent pursuant to paragraph 2 shall, if a representative does not exist, shall appoint a suitable representative:

1.

for a party whose person is unknown;

2.

for an absent party whose residence is unknown or which is prevented from obtaining his or her affairs;

3.

for a party without a stay within the scope of this Act, if he has failed to comply with the request of the authority to appoint a representative within the time limit set;

4.

in the case of landless land to which the proceedings relate, in order to safeguard the rights and obligations arising in respect of the land;

5.

for co-owners or joint owners of land, provided that they are required to appoint a joint authorised representative to the land certification authority or to the upper land cleaning authority within the time limit laid down for them do not comply.

(2) For the appointment of the representative in the cases referred to in paragraph 1, the care court is responsible for the district in whose district the participating community has its registered office in accordance with § 16; if the person concerned is a minor, he shall take the place of the (3) The representative shall be entitled to an appropriate remuneration and to the reimbursement of his/her cash outlays against the legal entity of the authority which has requested his/her appointment. The authority may require the replacement of its expenses. It determines the remuneration and determines the expenses and expenses. (4) In the rest of the order and for the office of the representative, the provisions relating to the parish are valid accordingly. Unofficial table of contents

§ 120

(1) Participants may be represented by authorized agents and may appear in negotiations with an assistance. (2) The State of assistance shall be deemed to have been brought forward by the person concerned as far as he/she is not without delay in the proceedings. shall be revoked or rectified. Unofficial table of contents

Section 121

Authorized agents and advisers who are not unrestricted to business or who lack the ability to give a lecture can be rejected. Unofficial table of contents

§ 122

§ 117 (2) to (4) and § 121 are not to be applied to lawyers and persons who are permitted to erect foreign legal matters by the competent authority. Unofficial table of contents

§ 123

(1) The agent has to be issued by a written authority and handed it over to the National Cleansing Authority or to the upper land cleaning authority on order. (2) At the request of the Parcel Cleanup Authority or the upper The stamp must be certified public or officially certified. Unofficial table of contents

Section 124

If a person is acting as an authorized representative for a party without the provision of a formality, he may be admitted to declarations in the first place. They shall become ineffective unless the power of atonation is provided within the time limit set for it or the representative approves the declarations made for him. Unofficial table of contents

§ 125

(1) The authority granted for the cleaning of the land is authorized to act on all acts relating to the proceedings, the appointment of a representative for individual acts, the conclusion of agreements, the taking over of obligations, the renunciation of (2) The representatives appointed in accordance with § § 13 or 119 shall be authorized to act in accordance with the provisions of paragraph 1. Unofficial table of contents

§ 126

(1) The power of atonment shall not be extinguished by the death of the full-power provider or by a change in its business capacity or its legal representation. (2) Revocation of the authority entitled to revocation shall be the power of atonment, thus the erasable of the power of atonment shall be (3) The authorized agent shall not be prevented by the termination of the contract from his or her side to act for the full power provider until he or she is responsible for the exercise of his or her rights in other Wisely has ensured. Unofficial table of contents

§ 127

(1) Housing parties outside the territory of the land or adjacent municipalities and have not ordered an agent resident in those municipalities, they shall, on the order of the land cleaning authority, be appointed within the territory of the an appropriate period of time to receive a person residing in the territory of the congregation or neighbouring municipalities to receive the cargoes and other communications designated for them and to designate the land-cleaning authority (Reception representative). In the order, reference should be made to the consequences of the sublime designation (paragraph 2). (2) As long as the order is not being complied with, the National Cleaning Authority may send charges and other communications by post. Delivery shall be deemed to have been effected at the end of a week after the task of the post itself, even if the consignment is returned as inconceivable. Unofficial table of contents

§ 128

If the persons concerned are outside the scope of this Act, they shall be required to order within a reasonable period of time a representative residing within the scope of this Act. Section 14 (2) to (4) shall apply accordingly. Unofficial table of contents

Section 129

(1) A minutes of negotiations shall be entered into. It is intended to contain the essential outcome of the negotiations. (2) The inclusion in the minutes of the negotiations is the same as the inclusion in a document, which is attached to it as an annex and is designated as such. Reference shall be made to the Annex in the minutes. Unofficial table of contents

§ 130

(1) The minutes shall be read out or submitted to the parties to the hearing. In the minutes it should be noted that this is done and whether it is approved or which objections have been raised against it. (2) A participant refuses to approve the negotiation document without its completion or correction. (3) The negotiator must be signed by the negotiator. (3) The negotiator must sign the minutes of the negotiation. Unofficial table of contents

Section 131

The observation of the formalities required for the negotiation can only be proved by the negotiable document. Only the proof of the forgery is admissible against the content of these formalities. Unofficial table of contents

Section 132

Write errors, calculation errors and similar obvious inaccuracies in the negotiation documents, in the rescue plan, in orders, decisions and decisions can be rectified by officiating. This also applies to such insignificant errors in the floor cleaning plan, which are based on incorrect surveying documents. Unofficial table of contents

§ 133

On request for reimbursement of the costs, copies of the negotiated and the certificate of the certificate, as well as copies of cards, on request in a certified form, shall be issued to each party in so far as he or she is entitled to a refund of the costs. Present interest. Unofficial table of contents

Section 134

(1) where a party fails to make an appointment or if he does not declare himself up to the end of the date on the subject of the negotiations, it shall be accepted that he/she agrees with the outcome of the hearing; this shall be the case for the person concerned in the summons or (2) According to the situation of the individual case, the ground cleaning authority may allow subsequent explanations, despite the fact that they have been sown. The provisions of paragraph 2 shall apply in accordance with the provisions of paragraph 2 where inconsistencies or requests are made in spite of a failure to comply with a statutory law. (4) The fault of a representative or agent shall be equal to the representative's own fault. Unofficial table of contents

§ 135

(1) The courts and authorities of the Federal Government, the Länder, the municipalities and associations of municipalities and other public bodies shall provide the law enforcement authorities with the necessary legal and administrative assistance, in particular with regard to: Identification of the parties involved, notices and deliveries, enforcement and application of coercion, and provide information. The surveying authorities shall be obliged, at the request of the National Cleansing Authority, to immediately produce prints or pauses of cards and taps on a uniform scale, and to temporarily supply books, maps and other documents. (2) The requesting authority shall not have to pay an administrative fee to the requested authority for administrative assistance, unless a refund is or is provided for in national legislation. They shall reimburse the requested authority upon request if they exceed fifty German marks in each individual case. If the authorities of the same legal entity provide mutual assistance, the expenses shall not be reimbursed. (3) If the requested authority takes charge of a paid official act in order to carry out the assistance, it shall be entitled to do so by a third party. the costs (fees and expenses) are due. Unofficial table of contents

Section 136

§ § 1 to 5 of the Administrative Enforcement Act (VwVG) of 27 April 1953 (Bundesgesetzblatt I p. 157), as last amended by the Act of Introduction to the Penal Code of 2 March 1974. (Bundesgesetzbl. 469), should be applied in the appropriate way. Monetary claims of the participating community shall be enforced in the administrative forcification procedure such as municipal levies. (2) Enforcement authority for enforcement measures referred to in paragraph 1 shall be the floor cleaning authority. Unofficial table of contents

Section 137

(1) Forced means can be enforced:

1.

Administrative file of the land cleaning authority, the upper land cleaning authority, the participating community and the association (§ § 26a and 26e);

2.

in the form of a negotiation document issued by these authorities, the participant community or the association (Articles 26a and 26e), and agreements.

§ § 6 to 18 of the VwVG are valid accordingly. The enforcement authority within the meaning of § 7 VwVG is the land cleaning authority. (2) If the participating community or the association of a supervisory authority within the scope of its powers (§ 17 (1), § 26d and 26e (7)) does not comply, such They may be used against them in the compulsory means referred to in § § 10 and 12 VwVG.

Tenth part
Redress procedure

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§ 138

(1) In each country, the highest administrative court is to establish a Senate for industrial cleaning ("Flurberunification court"). The rules on administrative jurisdiction shall apply to the court constitution and the proceedings, unless otherwise specified in § § 139 to 148. (2) Several countries may, by means of the State Treaty, be a Community Set up the Parcel Cleanup Court. In the countries of Bremen and Hamburg, the tasks of the Parcel Cleansing Court can be transferred to another court. Unofficial table of contents

Section 139

(1) The Parcel Cleanup Tribunal shall consist of the necessary judges, honorary judges and alternates. It negotiates and decides in the occupation of two judges and three honorary judges; chairman is a judge. (2) The judges and their deputists must possess the empowerment to the judge's office. An honorary judge and his/her deputies must be empowered to increase the service of the land cleaning authorities and should have been active in industrial cleaning matters for at least three years, except in the case of the latter. where appropriate persons do not exist who meet these requirements. The honorary judges and deputies referred to in the second sentence shall be appointed for a period of five years on a proposal from the highest regional authority responsible for agriculture. (3) The other honorary judges and their deputies must be the holder of an agricultural holding. They may, exceptionally, be appointed even if they have already handed over their operations to the court successor. They must have special experience in the agricultural business sector. Their vocation is governed by the law of the country; if it is to form an electoral body, it must consist of farmers and forested farmers. Unofficial table of contents

§ 140

The Industrial Cleaning Court shall decide on the convicting of administrative acts resulting from the enforcement of this Act, on the conviction for the adoption of a rejected or ominous administrative act and on any dispute which may be caused by a industrial cleaning procedures are brought about and have been brought before the indisputable conclusion of the final arrest, provided that the administrative right has been granted for this purpose. § § 118 to 128 should also be applied in accordance with the procedure for the procedure. Section 67 (4) of the Administrative Court of Justice shall not apply. Unofficial table of contents

Section 141

(1) The contradiction may be contested:

1.

Administrative file of the upper land cleaning authority and the land cleaning authority at the upper land cleaning authority;

2.

Administrative file of the local community at the National Certification Authority;

3.

Administrative file of an association of the participating communities or of an overall association in the case of the authority responsible for the supervision in accordance with § § 26d and 26e.

Section 59 (2) shall remain unaffected. Article 60 (1) sentences 3 and 4 shall apply accordingly. (2) The Länder may determine that two farmers are to be assigned to the decisions on contradictions against the results of the valuation of the value or the plan for the remediation of the land, for the purpose of which Order § 139 (3) shall apply accordingly. If such a provision is made, the authority responsible for issuing the notice of appeal shall decide, following its free conviction, obtained from the whole of the negotiations and investigations. Unofficial table of contents

Section 142

(1) (2) If a objection has not been decided on an objection or on an application for the acceptance of an administrative act within a period of six months, in the cases of section 59 (2) of one year, the action shall be without a preliminary procedure. allowed. In these cases, the filing of the action is only admissible up to the expiry of a further three months since the expiry of the period in accordance with sentence 1. (3) In the cases of § § 32 and 59 (2), the application for a plea according to the nature, extent and amount of the claim does not need to be determined. Unofficial table of contents

Section 143

The Chairman of the National Court of Judgment shall carry out the investigations and negotiations which he deems necessary in order to prepare the decision. He may delegate this task to a Member of the Court of First Instance acting as the appointed Judge. The chairman may also have a floor cleaning authority and, with the consent of the competent service, a senior official of an upper land certification authority or a senior state-owned crop-building official with surveys and Commission the negotiations and ask them to submit their opinions, which may contain proposals for changes to the plan for the reintegration of the land. The authority which issued the contested administrative act and officials who have been active in this administrative act or in the contested decision may not be entrusted with the task of the task of the task of the competent authority. Unofficial table of contents

Section 144

In so far as the Administrative Court considers the action to be well-founded, it may amend the contested administrative act by judgment or remove in whole or in part the notice of opposition issued by the National Enforcement Authority or the Upper Public Enforcement Authority. and the case, in so far as the notice of opposition is repealed, refer back to the rectifying authority or to the upper land cleaning authority for further negotiation and seizure. They shall also base their decision on the assessment on which the repeal is based. Unofficial table of contents

§ 145

(1) The Chairman may, by the name of the Enforcement Court, dismiss the lawsuit without oral proceedings by a reasoned decision, if the legal relationship has been sufficiently clarified and the lawsuit is manifestly is unfounded. (2) The parties may request oral proceedings within two weeks of the date of delivery of the decision; this right shall be indicated in the communication. If the application is made in good time, the decision shall be deemed not to have been received; otherwise, the application shall be deemed to be a final judgment. Unofficial table of contents

Section 146

In the cases of § § 32 and 59 (2), the following special regulations apply:

1.

The "Flurberunification" court is not bound by requests from the parties.

2.

The Industrial Cleaning Court also has to examine whether the Corridor Cleaning Authority or the Upper Enforcement Authority has made use of its discretion in an appropriate manner.

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Section 147

(1) For the dismissive decision in the administrative court proceedings, a flat rate shall be charged, which shall be calculated taking into account the possible expenses incurred by the proceedings. In addition, a fee may be fixed. (2) If the decision is only partly repellent, a corresponding part of the costs referred to in paragraph 1 may be imposed on the appeasing party. (3) If a lawsuit is withdrawn, it may be to be subject to the expenses incurred by the counterparties. (4) The provisions of paragraphs 1 to 3 shall apply in the same way as the opposition proceedings before the upper land-cleaning authority. Unofficial table of contents

§ 148

§ § 136 and 137 shall apply mutatis-ly to the execution of the judgments of the Supreme Court of Arbitration.

Eleventh Part
Conclusion of the industrial cleaning procedure

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§ 149

(1) The ground cleaning authority shall conclude the procedure by determining (final determination) that the execution shall be effected in accordance with the plan for the resettlement of the land and that the parties shall no longer be entitled to any claims in the industrial cleaning procedure. should have been taken into account; it shall determine whether the tasks of the participating Community are completed. The final position shall be made public. Contrary to the final position, the Board of Directors of the participating community shall also be subject to the opposition to the upper floor-cleaning authority. (2) The final determination shall be sent to the participating community after it has become indisputable and after requests for the resumption of the proceedings, which have been made until the expiry of the deadline for inconsistencies with respect to the final determination. (3) Delivery to the participating community is the resettlement procedure ended. The authorities concerned shall be given a copy of the final position. (4) The participating Community shall be terminated if its tasks are declared closed in the final position. Unofficial table of contents

Section 150

(1) The municipality or its supervisory authority shall be sent for storage:

1.

a copy of the map indicating the new field classification;

2.

a list of the new land and of the Community and public installations with a card and size;

3.

a compilation of the provisions of the land cleansing plan, which are permanently of general importance and are not included in the land register or in other public books;

4.

a copy of the final position.

Where the territory of the corridor extends to a number of municipalities, the ground cleaning authority shall determine the municipality. (2) Each party concerned and any person who has a legitimate interest may consult the documents referred to in paragraph 1.

Twelfth Part
The participant community after the termination of the industrial cleaning procedure

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Section 151

The participating community shall remain as a body of public law, as long as the termination of the industrial cleaning procedure has to fulfil tasks of the participating community, in particular liabilities arising from loan contracts. . With the invalidity of the final determination in accordance with Section 149, the representation of the participating community and the management of its affairs can be transferred to the municipal authority by the Parcel Cleanup Authority; the supervisory powers of the Land certification authority shall pass on to the municipal regulatory authority. Unofficial table of contents

Section 152

For the distribution of income from the participating community, § 19 para. 1 shall apply mutatily. It shall take place only in so far as the income is not required to cover the liabilities of the participating community or the distribution does not appear to be inappropriate because of disproportionate costs or for other reasons. Unofficial table of contents

Section 153

(1) The ground cleaning authority shall dissolve the participating community if its tasks are fulfilled. This shall apply mutatily to the municipal supervisory authority insofar as they have transferred to the supervisory powers of the Inspectorate Authority (§ 151 sentence 2, second half-sentence). The dissolution shall be made public. (2) The law of 11 February 1932 (Law and Ordinance for the Free State of Bavaria, p. 73), as last amended by the Law for the Execution of the Bavarian State Law for the Purification of the Land of Bavaria, Parcels Act of 11 August 1954 (Bayerisches Gesetz-und regublatt p. 165), still existing industrial cleaning cooperatives can be dissolved by decision of the board if the company is completed and its Tasks are fulfilled.

Thirteenth part
Closure and transitional provisions

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Section 154

(2) The administrative offence may be punishable by a fine. (3) Items to which the administrative offence relates may be subject to the order of the order of the order. be drafted. Unofficial table of contents

§ 155

(1) (2) Insofar as the laws and regulations of the Federation and of the Länder are subject to the provisions of the Law on the Reformation, the Regulations of the Reich and the First and Second Regulations on the Regulations of the Reich and other Regulations pursuant to paragraph 1 of this Regulation. This applies as a reference to the relevant provisions of this law. Unofficial table of contents

Section 156

This law shall not apply to pending proceedings in which the announcement of the land cleansing plan or the certificate in question has begun, provided that the national legislation does not determine deviating ones. The proceedings initiated under the Bavarian Law on the Law of Parcel (§ 155 (1)) can be brought to an end in accordance with the law to date. In addition, the legal validity of orders, provisions and decisions of the authorities and the forwarding agencies from the period prior to the entry into force of this law must be assessed in accordance with the law to date. Pending appeal procedures shall be applied to the bodies responsible under this law. Unofficial table of contents

Section 157

If land is included in a land resettlement or merger area of a neighbouring country (Section 3 (3), second sentence), the provisions of the country which have been adopted pursuant to this Act shall also apply to the above mentioned provisions of the law. Land. Unofficial table of contents

Section 158

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. 1), as last amended by the Financial Adaptation Act of 30 August 1971 (Bundesgesetzbl. I p. 1426), also in the Land of Berlin. The provision of section 138 (2) sentence 2 shall also apply to Berlin. Unofficial table of contents

Section 159

This Act shall enter into force on the first day of the calendar month following the proclamation.