Law on land procurement for defence tasks (land procurement law)

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LBG

Date of completion: 23.02.1957

Full quote:

" Land Procurement Act in the revised version published in the Federal Law Gazette, Part III, outline number 54-3, the latest by Article 31 of the Law of 23 July 2013 (BGBl. 2586).

Status:

Last amended by Art. 31 G v. 23.7.2013 I 2586

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.7.1977 + + +) 

  

Part one
General rules and principles relating to the free-handed acquisition

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§ 1

(1) The Federation may procure land in accordance with the provisions of this Act

1.

for the purposes of defence;

2.

in particular also to fulfil the obligations of the Federal Government from intergovernmental treaties on the stationing and legal status of armed forces of foreign states in the Federal Republic of Germany;

3.

for the granting of compensation in the country in the immediate context of the measures referred to in point 1 or 2;

4.

for the installation or establishment of public facilities and installations directly linked to the measures referred to in points 1, 2 or 3;

5.

for the accommodation of persons, establishments and public bodies which is necessary for the purposes of points 1 and 2 for the use of coloured or ripened land;

6.

for the installation of installations or installations of defence, because the land used is needed for installations or installations which would be eligible for expropriation under other laws.

(2) If land is to be procured for the purposes referred to in paragraph 1, the Land Government shall be heard, after consultation with the municipality concerned, taking due account of the requirements of spatial planning, in particular the agricultural and economic interests as well as the concerns of urban development and nature conservation and the maintenance of the countryside, to which the project takes a position. The opinion also has to cover whether the public-owned project, which is located at an appropriate distance and is suitable for the project, can be satisfied, taking into account the principles set out in the first sentence. The property of the public authorities is also the property of legal entities of private law, in whose capital the public sector is predominantly involved. (3) Alsthen designates the competent Federal Minister in agreement with the Federal Ministers of the Federal Republic of Germany, the Federal Ministers of the Federal Republic of Germany, the projects for which the land is to be obtained in accordance with the provisions of this law, and shall ensure public If the competent Federal Minister wishes to depart from the opinion of the provincial government, he shall inform the national government concerned before his decision. Unofficial table of contents

§ 2

The basic items required for the purposes of section 1 (1) shall be acquired free of hand if possible. If the intended purpose can also be achieved by reason of a usage relationship, the owner's request must be in accordance with the request. The fee may vary according to the previous price rules. Unofficial table of contents

§ 3

In the course of the negotiations on the free-handed acquisition, each owner shall point out that:

a)

it is to be granted in whole or in part a severance payment in the country (surrogate country) or any other consideration for the given land instead of a cash payment;

b)

it is granted to him, in particular, if he is dependent on a substitute country for the maintenance of his or her personally managed establishment or for the fulfilment of his duties, and if the country is to be granted an appropriate condition shall be procured and, if necessary, prepared;

c)

it is to be granted any other consideration which provides for its existence in return if, as a result of age or other circumstances, it is required to secure its existence or to fulfil the duties assigned to it on the income from the property. is dependent.

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§ 4

(1) If, through the use of the acquired land to safeguard against dangers and disadvantages for the neighbouring land, provisions are required on the property that is procured, the property shall be carried out by the person who acquires the property (purchasers). Where provisions of the kind referred to in the first sentence are necessary outside the property obtained, it shall carry out the benefit of the provision by the provision, unless otherwise provided by law. The costs incurred in carrying out and maintaining the facilities necessary for the arrangements shall be borne by the acquirer, taking into account the benefits accreted to the beneficiary as a result of the provision, the cost of the costs. however, only insofar as they exceed the scope of the existing obligations to maintain the previous installation. (2) The provisions referred to in paragraph 1 shall be the installation, modification or transfer of economic routes, ditches, Pre-flood installations, enclosures and similar installations, and the establishment of (3) The competent authority (§ 8) shall, on its own account or at the request of the acquirer, determine the arrangements to be made by the beneficiary, a municipality or a county, and shall lay down the rules governing the provision of such safety devices. Entertainment of the necessary facilities. It shall determine the extent to which the acquirer has to bear the costs of the conversion outside the property and the maintenance of the facilities. The competent authority shall, unless otherwise specified by law, supervise the implementation of the arrangements and the maintenance of the facilities. Unofficial table of contents

§ 5

(1) As a result of land procurement, transport, telecommunications or supply facilities and installations, as well as facilities and installations of the waste water industry, are no longer available and their replacement or transfer is required, the acquirer shall reimburse the institution of the task of the cost of the replacement or transfer. The advantages and disadvantages incurred by the institution of the task in connection with the replacement or transfer shall be adequately compensated for. The competent authority (§ 8) shall determine the amount of the costs. (2) Without prejudice to the obligations of the acquirer under national law or municipal statutes, the Federal Government may apply to other expenses incurred by measures in the public interest. shall be carried out. Unofficial table of contents

§ 6

(1) If, as a result of land procurements, changes or reorders of municipality, school or church conditions or of installations in the public interest are required, the acquirer shall bear the costs in so far as the public service costs Bodies, institutions and foundations will not be compensated for by benefits and disadvantages. (2) If new buildings are required as a result of land procurements for the elimination of an urgent need for housing, the federal government shall ensure the establishment of the appropriate living space. Unofficial table of contents

§ 7

If a settlement is possible in the country, the non-profit settlement companies operating in the countries can be charged with the procurement of the replacement country and the implementation of the resettlement in the sense of the Reichssiedlungsgesetz. Unofficial table of contents

§ 8

The competent authority in accordance with § § 4 to 6 shall be determined by the state governments in consultation with the relevant Federal Minister. Unofficial table of contents

§ 9

If land is procured in order to grant the owner a substitute land (§ 3), § 56 shall apply accordingly.

Part two
Expropriation

First section
General provisions

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§ 10

The expropriation shall be admissible for the purposes referred to in § 1. Unofficial table of contents

§ 11

(1) The application for the initiation of the expropriation proceedings shall be submitted by the name of the Federal Minister or the federal authority designated by him to the competent expropriation authority of the Länder (Section 28), which shall apply the expropriation procedures in accordance with the (2) The application shall not be made until the date of the application.

a)

other suitable land could not be procured by way of free-handed acquisition,

b)

The land which is suitable for the intended operation does not exist in the ownership of the federal, state and other public bodies of the public law and of the legal persons to be treated as such,

c)

the trial with the person concerned about the free-handed acquisition of the land used for the purpose, even in compliance with the provisions of § 3, did not lead to the objective.

Second section
Subject of expropriation

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§ 12

(1) By expropriation

a)

the property of land or parts of the land, including the accessories belonging to the owner, may be deprived of or debited,

b)

may be deprived of other rights of land and of rights relating to the acquisition, possession or use of land, or to the use of land.

Equal rights are the same as property on land. Parts of the accessory shall be excluded from the expropriation at the request of the owner, if their expropriation would lead to an unreasonable hardship for the owner and they are not urgently needed for the purposes listed in § 1 or they (2) The deprivation of property of land shall be permitted only if the purpose for which it is sought does not already result from the intervention referred to in paragraph 1 (b), or by a burden on the land or by reason of a justification for the use of the property. Use ratio can be reached. Unofficial table of contents

§ 13

(1) If a right is to be justified on a property and the justification of that right is unreasonable for the owner, he shall be entitled to demand the withdrawal of the property on the property instead of it. (2) If a spatial or The owner shall be entitled to the extent of the remaining property to be used only in part, and the remaining property shall no longer be used or used in accordance with its existing provision, the owner shall be entitled to extend the Expropriation also to demand the remaining possession. Unofficial table of contents

§ 14

Accessories that do not belong to the property owner can be expropriated if a property is expropriated for compensation in land or for the transfer of holdings and the owner can depart the accessory. Section 12 (1) sentence 3 shall apply accordingly. Unofficial table of contents

§ 15

For compensation in the country (§ 1 para. 1 no. 3) or for the accommodation of persons, businesses and public institutions (§ 1 para. 1 no. 5), without prejudice to the provisions in § 16, primarily recourse shall be made to the land ownership of the Bodies governed by public law (federal, state, local, municipal, etc.) and foundations and other assigned assets, with or without legal personality, subject to the supervision of the Federal Government or of the Länder, or of their own Manage the administration. Unofficial table of contents

§ 16

For compensation in the country (§ 1 para. 1 no. 3) or for the accommodation of persons, businesses and public institutions (§ 1 para. 1 no. 5) may not be expropriated

1.

a)

land intended for direct public or welfare purposes, teaching, research, health and health care, education and physical education, or intended to be used for the purpose of preservation or protection of the heritage, or are designated as nature reserves, national parks, nature monuments or protected landscape components;

b)

the land of the municipalities required to ensure the implementation of the construction management planning;

c)

land whose yield is intended or intended solely for the performance of the duties of the churches and other religious societies of public law, as well as their facilities;

d)

Land for public transport and public supply of electricity, gas and water, postal and telecommunications services, land with water-recovery facilities for the public supply of water, Land with sewage treatment plants and land in the area of water protection areas; this also applies to expropriations for the purposes of § 1 (1) (4);

2.

land of a small-scale agricultural holding or a farmer's holding, in so far as the holding is dependent on its economic continuation on the land;

3.

land which has been handed over to displaced persons or to Soviet refugees or to family farms in order to secure their economic existence, by virtue of a lease or similar use of the land;

4.

Land on which the owner is dependent on his professional or professional activity.

Third Section
Expropriation allowance

1.
Compensation for expropriation

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§ 17

(1) The compensation shall be granted for:

1.

the loss of rights due to the expropriation (§ 18),

2.

Other assets which are due to expropriation (§ 19).

(2) Compensation may require who is affected by the expropriation in his/her right (compensation entitled). The property benefits resulting from the expropriation must be taken into account in the determination of the compensation. (3) For the purpose of determining the compensation, the condition of the property is decisive at the time of the determination of the compensation. to which the decision of the expropriation (§ 47 (1)) is issued. In the cases of early possession instruction, the condition is decisive at the time when it becomes effective (Section 39 (1) (5)). (4) Damage to money other than recurring benefits shall be determined by the date referred to in paragraph 3 with the date specified in paragraph 3. last issued mortgage Pfandbriefe on the capital market usual nominal interest rate. Unofficial table of contents

§ 18

(1) Compensation for the loss of rights due to the expropriation shall be determined according to the value of the property or other subject matter of the expropriation. (2) Compensation for works, their indemnification of compensation in accordance with the law applicable in each case, shall be granted only if it is offered for reasons of equity. If, in the case of temporary approved works, the cancellation of which may be required after the expiry of the period, the time limit has not yet expired, the compensation for the building shall be calculated on the basis of the ratio of the remaining period to the entire period. (3) If the value of the property in the property is diminished by the rights of third parties which are maintained or which are separately compensated, this shall be taken into account in the determination of the compensation for the ownership of the property. (4) The Previous pricing rules do not apply to this law. Unofficial table of contents

§ 19

Whereas, on account of other financial disadvantages resulting from the expropriation of assets, the compensation must be determined in a fair balance between the interests of the general public and those of the parties concerned, in particular:

1.

the temporary or permanent loss suffered by the person affected by the expropriation in his acquisition, but only up to the amount of the effort required to depart another property in the same way as the land to be expropriated to use or use,

2.

the impairment loss resulting from the expropriation of a land part or part of a spatially or economically related property in the other part or by expropriation of a right at a property on another property where the impairment loss is not already taken into account in the determination of the compensation referred to in point 1.

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§ 20

(1) If the property in a property is the subject of the expropriation, the expropriation authority shall decide whether the property rights and rights which entitle the property to be held or used for the use of the property or the use of the land are subject to the property. of the land, to be maintained. Rights which entitle the acquisition of the land shall not be upheld. (2) Insofar as the rights of the species referred to in paragraph 1 are extinguisher, they shall be subject to separate compensation.

1.

Altenteilsauthorized persons and the holders of serviceability,

2.

Holders of personal rights that entitle the holder to the property or use of the land if the person entitled is in possession of the land.

(3) In the event of the expropriation of a property, those entitled to compensation who are not separately compensated shall be entitled to compensation for the value of their right from the damage to the property on the property, insofar as their right to the property is . This shall apply in accordance with the claims for money which are fixed in respect of the loss of rights in other cases or for impairment of the residual possessions pursuant to § 19 No. 2. Unofficial table of contents

Section 21

The compensation is fixed in money, unless, according to § § 22 and 23, compensation is granted in country or according to § 25 as a natural retirement pension. Unofficial table of contents

Section 22

(1) If a plot of land is expropriated, the owner may require that the compensation be fixed in whole or in part in the country where the owner is responsible for maintaining his or her personally managed operation or for the performance of his/her own property. In accordance with the above-mentioned tasks, it is necessary for the replacement country and the country can be procured on reasonable terms and, if necessary, prepared. (2) If the expropriation temporarily leased a whole or part of the land, remove the livelihood from agricultural or horticultural operations, such compensation shall be granted in the country at the request of the owner, if the country of replacement can be procured on reasonable terms or if necessary, and the owner continues the lease on the country of replacement; or the tenant has offered the continuation on reasonable terms. (3) The conditions for the procurement of a substitute country are appropriate if the costs of the procurement and an approximately required production of the substitute country are economically shall be acceptable. The direction of the replacement country is required if and to the extent that the purpose of compensation in the country would not be achieved without the purpose of obtaining the compensation. Unofficial table of contents

Section 23

(1) Where the compensation is fixed in the country, the holders of the rights in rem shall be compensated in whole or in part by the establishment of equal rights in the alternative country. In so far as this success cannot be achieved, a separate compensation shall be set in money; this shall apply only to the beneficiaries referred to in Article 20 (3), unless their rights are not to be granted by an owner according to § 24 (2) Altenteilsrechte shall be justified on the extent to which it has been used to date on the country of replacement. In so far as the justification is not possible or is not reasonable for the person entitled to be entitled or pledge, a separate compensation shall be fixed in money or a natural value pension. (3) Paragraph 1 shall apply in accordance with personal, property, or Use of authorizing rights of war victims, displaced persons, Soviet Union refugees, war-affected persons or evacuees, provided that the rightholders are in possession of the land. Unofficial table of contents

§ 24

If the substitute country has a lower value than the property to be expropriated, a compensation corresponding to the value difference must also be determined. If the substitute country has a higher value than the land to be deappropriated, it must be determined that the person entitled to compensation has to pay a compensation payment corresponding to the difference in value. In addition, the additional compensation for money to be determined and the compensation payment must be calculated with the appropriate application of § § 17 to 19. Unofficial table of contents

Section 25

In place of the substitute country to be granted in accordance with section 22, the person entitled to compensation, insofar as this does not affect the rights of third parties, may require a dissolvable natural pension if he or she is eligible for the granting of an old age or invalidity. No substitute country. The valuation of the pension amounts is subject to the appropriate application of § 16 of the valuation law as amended by the law for the valuation of assets for the calendar years 1949 to 1951 of January 16, 1952 (Federal Law Gazette). 22) shall be deemed to be the amount which would result if the compensation were to be paid in a capital sum.

2.
Compensation and costs for consequences of expropriation

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Section 26

§ § 4 to 6 shall apply mutagenicly for the compensation and the costs for consequences of the expropriation. In place of the authority to be determined in accordance with § 8, the expropriation authority shall be responsible, in so far as the state government does not determine otherwise. Unofficial table of contents

§ 27

If the compensation is granted in the country, the Federal Government may be obliged to bring the land, which is intended as a substitute country, in a certain way. The obligation may be imposed by special decision of the expropriation authority or in Part A of the expropriation decision (§ 47 para. 3 no. 4).

Fourth Section
Deappropriation and compensation procedures

1.
Expropriation authority and stakeholders

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§ 28

(1) The expropriation authority shall be determined by the provincial government. (2) Local authority shall be the expropriation authority in whose district the property affected by the expropriation is situated or the right to be expropriated is exercised. If the property is located in the district of several expropriation authorities, the jointly overarching state authority shall determine the locally competent expropriation authority. (3) The Federal Government may grant individual instructions in urgent cases if and to the extent that: these are necessary to ensure the smooth implementation of individual key land procurements. Unofficial table of contents

§ 29

(1) participating in the expropriation procedure

1.

the federal government;

2.

the owner and those for whom a right in the land affected by the expropriation or on a right bearing the property is registered in the land register or secured by registration, or the legal successor thereof;

3.

Holder of a right not registered in the land register on the property affected by the expropriation or on a right bearing the property, a claim with the right to satisfaction from this property or a personal right, the the possession or use of this land is authorized or limited to the use of this land.

(2) The persons referred to in paragraph 1 (3) shall be involved at the time when the notification of their right to the expropriation authority is due (Article 31 (3) sentence 3). The application may take place at the latest in the last oral proceedings with the parties concerned. (3) In case of doubt as to a registered right, the applicant shall immediately set a time limit for the credibility of his/her right. (4) The creditor, registered in the land register, of a mortgage, the basic debt or the debt to which a letter is issued, has, at the request of the expropriation authority, made a statement on the subject. whether this mortgage, basic debt or pension debt has been transferred to another. Unofficial table of contents

§ 29a

(1) At the request of the expropriation authority, the Court of Supervisors shall appoint the family court for an underage party if a representative does not exist to appoint a right-and knowledgeable representative.

a)

for a party whose person is unknown or for a person whose participation is uncertain;

b)

for an absent party whose residence is unknown or whose stay is known, but which is prevented from obtaining his or her property.

The order is to be made within two weeks. (2) For the appointment of the representative, the court is responsible, in the district of which the property affected by the expropriation is located. (3) For the order and for the office of the representative, the Provisions of the Civil Code on the Pflegschaft accordingly. Unofficial table of contents

§ 30

(1) The agents of the competent authorities responsible for planning, land acquisition and expropriation shall be entitled to land, with the exception of dwellings situated on those land, which are eligible for expropriation under this Act. enter and measure and carry out other preliminary work on the land, which is necessary for the decision on the suitability of the site. The owner and the authorized person shall be notified in advance; this shall not apply if they have the conditions for the public delivery (§ 10 para. 1 of the Administrative Delivery Act). Insofar as damage is caused by the activity within the scope of the sentence 1, the person concerned shall be compensated immediately by the federal government. If an agreement is not reached on the nature and amount of the compensation, the expropriation authority shall fix this compensation. (2) Due to the compensation, the legal path shall be given before the ordinary courts. The action shall be brought to the plaintiff within two months of the notification of the decision of the expropriation authority. § 48 (1) sentence 3, § 59 (3), § 60, § 61 (3), § § 62 and 63 sentence 3 are to be applied in a reasonable way.

2.
Plan Review

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Section 31

(1) The expropriation authority shall draw up a plan showing the land affected by the expropriation. (2) An extract of the plan, together with a list in which the land affected by the expropriation shall be subject to the following conditions: the name and place of residence of the owner, as indicated in the land register or known to the expropriation authority, shall be listed in the relevant, land-based, cadastral, or otherwise customary name, Congregation for one month to be publicly interpreted. The expropriation authority may extend the period of interpretation. (3) The time, duration and place of the public interpretation shall be communicated to the parties, unless the conditions for the public delivery are fulfilled (Section 10 (1) of the Administrative Appointing Act). In addition, these facts are to be published in advance by the expropriation authority in the newspapers which are distributed in the places responsible for the land, unless they are disclosed by the municipality in the usual way. In the notice, the parties who are not visible from the land register (Section 29 (1) no. 3) are required to declare their rights to the expropriation authority. (4) During the period of interpretation, any party to the contract may oppose the Plan and applications pursuant to § 26 in connection with § 4 para. 3 to the congregation in writing or to give the minutes. (5) The expropriation authority shall inform the Land Registry, in whose district the land affected by the plan is situated, to the Grundaked the date of the beginning of the public interpretation of the plan. The Land Registry shall notify the expropriation authority of any entries which have been made or are made in the basic books of the land concerned after that date. Unofficial table of contents

Section 32

(1) As far as the circle of the parties is known and obviously an arrangement of arrangements within the meaning of § 26 in conjunction with § 4 (1) and (2) is not considered, these parties may be waited from the establishment of a plan . In this case, the parties concerned, as well as the municipality and the county in whose district the land concerned are located, shall be notified in particular. The notification shall be accompanied by the list of the land affected by the expropriation with the information required in section 31 (2). (2) The notification shall determine a reasonable period within which the parties to the notification shall be subject to objections. against the project. Unofficial table of contents

§ 33

(1) After the expiry of the period (section 31 (2), section 32 (2)), the plan shall be discussed with the parties in an event to be held where necessary on the spot (planning examination date). In the case of § 32, the list shall be replaced by the list in accordance with § 31 para. 2. (2) The date to be charged shall be to be charged

1.

the Confederation,

2.

by the other parties concerned, in addition to the owner, those who have made objections,

3.

the municipality and the county.

The charge period shall be two weeks. (3) The charge of the owner is an extract from the plan containing the parts of the plan touching it. (4) The procedure will also be in the case of non-appearance of the date of the appointment. (5) The summons shall indicate the requirements of paragraph 4 and § 34. (6) The date and place of the date shall, unless otherwise known by the municipality, be published by the expropriation authority in the newspapers. shall be published in the places responsible for the land. In doing so, those whose rights are affected by the expropriation procedure shall be asked to exercise their rights in the appointment. Unofficial table of contents

Section 34

(1) objections which have not been brought forward during the time limits set out in § 31 (4) and § 32 (2) are to be filed against the expropriation authority by the date at the latest; in addition to their reasons, they are to be submitted in writing in the deadline. Any objections and applications submitted after that date shall no longer be taken into consideration; this shall also apply to the proceedings before the administrative courts. (2) Oral objections shall be included in the minutes. Unofficial table of contents

§ 35

(1) The purpose of the planning examination is to also negotiate the nature of the compensation and the rights to be upheld and the rights to be extinguisher (§ 20 para. 1). (2) The owner can be given a reasonable period of time within which it may submit a request for compensation in land (§ 22). Unofficial table of contents

§ 36

(1) If a right in rem or personal right, which is entitled to the possession or use of a land, is the sole object of the expropriation, the expropriation authority may wade from the drawing up of a plan. In such a case, it shall inform the beneficiary in writing of the expropriation of its right. Section 32 (2) shall apply mutatily. (2) The provisions relating to the plan examination shall apply in accordance with the provisions of this Regulation. Unofficial table of contents

Section 37

(1) In the event that the parties concerned are concerned about the transfer or the burden of ownership of the property to be expropriated or of other rights referred to in Article 12 (1) (b) (Part A) and on the amount of the compensation (Part B), the Expropriation authority shall include a transcript of the agreement. The minutes must be in accordance with the requirements of section 47 (3) and (4). It must be signed by the parties concerned. An authorised representative shall require a publicly certified full power. (2) The agreement on which an agreement is based (paragraph 1) shall be equal to an indisputable expropriation decision part A and part B. Section 48 (1) sentences 1 to 3 as well as paragraph 2 shall apply accordingly. (3) The parties concerned shall apply only in part A or in part A and B, in accordance with paragraphs 1 and 2; in so far as an agreement has not been reached, the following shall be applied: the procedure continues.

3.
Early ownership

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§ 38

(1) Where the immediate execution of a project and the designation of the property are urgently required for the implementation of the measures envisaged, the expropriation authority may, by decision, draw the beneficiary into possession of the land on which the beneficiary is responsible. the proposed expropriation relates. (2) The possession of the property has a negotiation with the owner and, if another is affected by the possession of the property, also with this one. Section 33 (4) shall be applied; this provision shall be indicated in the summons. The trial can take place in the planning examination date if a corresponding notice was included in the charge at the time of the appointment. (3) At the request of the immediate owner, the time at which the ownership transfer decision becomes effective shall be at least two weeks after the date of notification of the decision. Where there are residential buildings on the property, the date shall be fixed in such a way as to ensure that the appropriate other accommodation of the persons concerned by the possession of the property is secured. The same applies to the commercial and agricultural holdings situated on the property and to the transport, telecommunication or supply facilities and facilities available on the property, as well as facilities and installations of the Waste water management. (4) The Federal Government has to pay a one-off or a recurring compensation for the financial disadvantages resulting from the possession of the property (ownership repayment compensation). Unofficial table of contents

§ 39

(1) The ownership decision must include:

1.

the designation of the persons concerned by the possession of the property, the Confederation as the applicant and the registered person and the purpose for which the expropriation is to be provided;

2.

the description of the subject-matter of the possession;

a)

the land concerned by the expropriation is indicated by size, basic, land or otherwise known name; in the case of the expropriation of a part of the land, the limitation of that part shall be taken into account in the possession of the property. describe;

b)

insofar as a right to a property (§ 12 para. 1) is to be the subject of an independent expropriation, this shall be indicated according to the content and the land-use name;

c)

in so far as any other right within the meaning of Section 12 (1) (b) is to be the subject of an independent expropriation, this right shall be indicated in accordance with its content and the reason for its existence;

3.

the decision on the objections raised against the decision to take possession of the persons affected by the possession of the property;

4.

the determination of the compensation for the ownership of the property;

5.

the date on which the ownership of the property becomes effective.

(2) The decision of the possession of the property is to be notified to the person concerned, the Federal Government as the applicant and the person to whom it has been registered. It is to be provided with a legal instruction and an instruction on the right of application in accordance with § 41. Unofficial table of contents

§ 40

(1) The possession of the property shall be withdrawn from the owner and, if another immediate owner is, the owner of the possession and the registered owner at the time specified in the decision of the transfer of property. The property designation excludes a right to use the property in so far as the exercise of the use is not compatible with the purpose of the possession of the property. (2) The property statement indemnification shall be without consideration as to whether or not a lawsuit is filed pursuant to Section 59 (1), by the date on which the possession of the property becomes effective (Section 39 (1) (5)), it is due. In the case of recurrent compensation, the first instalment shall be due at the date specified in the first sentence. Unofficial table of contents

Section 41

At the request of the owner or owner, the condition of the land shall be determined, where it is relevant for the determination of the ownership or expropriation compensation, by means of experts, if necessary. The condition of the property can also be determined by officals. Unofficial table of contents

§ 42

(1) The decision to take possession of the property shall be waived if not within one year after the possession of the property has become effective (Section 39 (1) (5)), the decision of the expropriation shall be issued. If the decision of expropriation cannot be taken within the time limit specified in the first sentence of the first sentence of paragraph 1, the expropriation authority shall be entitled to do so in the event of further existence of the conditions laid down in Article 38 (1) bis. for a further year. The decision on the transfer of property must also be repealed or amended if the expropriation authority finds that the conditions required for the adoption of a decision pursuant to section 38 (1) are no longer fulfilled. (2) In the event of a decision of the possession of a property being revoked or amended, the Federal Government has to pay compensation for all the special financial disadvantages resulting from the early possession of the property or, if so requested, to restore the former condition. § 30 (1) sentence 4 and (2) shall apply mutatily.

4.
Determination of compensation

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Section 43

The Federal Government is obliged to pay the compensation. Unofficial table of contents

Section 44

(1) If an agreement is not reached on the compensation, the determination of compensation for the payment of the money, a natural value pension (§ 25), an additional compensation for money (§ 24 sentence 1) or a compensation payment (§ 24 sentence 2) shall apply to the compensation. (2) The expropriation authority has to discuss the compensation with the parties in a date (compensation date) to be held on the spot where necessary (compensation date). The compensation procedure should be linked as far as possible to the planning examination procedure. (3) The parties are to be invited to the appointment. The charge period shall be two weeks. Section 33 (4) shall be applied; the contents of this provision shall be pointed out in the summons. (4) § 33 (6) shall apply mutatily. Unofficial table of contents

§ 45

(1) In the minutes of the trial, it shall be noted that:

1.

which claims compensation for compensation entitled to compensation,

2.

whether, and at what level, the person entitled to compensation calls for additional financial compensation,

3.

whether and at what level the federal government is calling for compensation

4.

Whether the person entitled to compensation calls for a natural retirement pension.

(2) In the minutes it is also possible to determine what compensation for money, which natural alvalue pension or which additional compensation is prepared by the Federal Government and which compensation payment is to be made by the compensation entitled. The minutes shall be signed by the person who makes such a statement. Unofficial table of contents

Section 46

If the plan is amended before the decision of the expropriation decision is adopted, a further compensation date shall be set up if a renewed consideration of the compensation is required. The date of the event will be the participants who will be affected by the change. Section 41 shall apply mutatily.

5.
Expropriation Decision

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§ 47

(1) On the basis of the results of the planning examination and the negotiation of the compensation, the expropriation authority shall issue the decision to grant the expropriation, in so far as an agreement has not been reached in accordance with § 37. (2) In the decision of the expropriation, the decision shall be taken on The subject matter and extent of the expropriation and the nature of the compensation (Part A), the amount of the compensation in cash, the natural pension and the compensation (Part B). (3) Part A of the decision must be included

1.

the name of the person affected by the expropriation, the Confederation as the applicant and the beneficiary by the expropriation, and the purpose for which the expropriation is made;

2.

the description of the object of the expropriation;

a)

specify the subject-matter of the expropriation by size, base-book, cadastral or otherwise customary name; if the expropriation of a piece of land is provided for, its name shall be referred to as surveying copies (cards and number tears) to be used by a body authorized to carry out propagation surveys or by a surveying engineer appointed to the public;

b)

in so far as a right in a property (§ 12 para. 1) is the subject of an independent expropriation, to indicate this by content and the name of the land;

c)

in so far as any other right within the meaning of Section 12 (1) (b) is the subject of an independent expropriation, to indicate this right according to its content and the reason for its existence;

3.

the results of the plan review and the decision on the objections raised against the plan, as well as on the requests made by the parties pursuant to § 26;

4.

the decision on the nature of the compensation and, in the case of compensation in the country, the name of the replacement country in the manner referred to in point 2 (a);

5.

the decision as to which rights are upheld and which rights are extinguisher (Article 20 (1));

6.

the decision on the creation of new rights in the alternative country (§ 23);

7.

the indication of the ownership and other legal relationships before and after the expropriation;

8.

the decision as to which accessories will be included in the expropriation.

(4) Part B of the expropriation decision must contain:

1.

the amounts of the financial compensation, the additional payment of the money or the compensatory payment, in the case of the natural value pension, the underlying capital sum and the pension amounts, with the indication, by whom, to whom and for what reason they are to be provided;

2.

the indication of the recognition amounts (§ 45 (2) sentence 1).

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§ 48

(1) The decision shall be notified to the parties concerned. The delivery of an extract relating to the relevant parties shall be sufficient. The part of the decision on compensation shall be granted to any person who has or is entitled to claim. The decision shall be accompanied by an appeal. (2) If the order for the forced auction or the compulsory administration is entered in the land register, the expropriation authority shall inform the executing court of the decision. Unofficial table of contents

§ 49

The entry of the unquestionability of Part A of the expropriation decision shall be notified in writing to the parties concerned. The communication shall be notified. Unofficial table of contents

§ 50

If the owner already offers the surrender before the inability of part B of the expropriation decision or before transfer of the possession to the substitute country, the recognition amounts (§ 45 para. 2 sentence 1) become due immediately.

6.
Execution of expropriation

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Section 51

(1) The expropriation authority shall determine the date on which the changes in the law provided for in the decision of the expropriation occur, as soon as the decision to expropriate has become indisputable and the payment of the payment is paid or waived to the Right of withdrawal is lawfully deposited. If compensation is fixed in the country, the provision may be made only after the person entitled to compensation has come into possession of the substitute country and the conditions for the additional payment of the payment of the payment of the compensation fixed of the sentence 1. As far as housing is concerned, the residents are to be granted an appropriate clearance period by means of a special decision. The appropriate other accommodation must be secured. (2) If the beneficiary is in possession of the property prematurely (§ 38) and if the immediate execution of the expropriation decision is necessary for special reasons, then the Expropriation authority shall already make this provision if:

a)

Part A of the de-propriation decision has become indisputable,

b)

the amount of recognition (Section 45 (2)) has been paid or, without the right of withdrawal, has been duly deposited or, if by written declaration of the person concerned or by documents of a provider of postal services, or by the documents of the person concerned, the right to withdraw from the contract has been duly deposited or a financial institution has shown that the acceptance of the payment is refused,

c)

the difference between the amount of the recognition and the amount of compensation fixed.

(3) The notification of the provision shall be notified to the parties concerned. (4) The expropriation authority shall request, by sending a certified copy of the decision of the expropriation and of the provisions referred to in paragraphs 1 and 2, the Determination of the land registry for the registration of the legal changes that have occurred in the land register; in so doing, it must inform the Land Registry of the date of the notification of the decision of the expropriation of the person to the final part. In the case of the expropriation of a part of the land, the request shall be accompanied by an excerpt from the proof of change and a copy of the parcel. Unofficial table of contents

Section 52

In the cases of § 51 (1), the decision of the expropriation as possession of the property in the expropriated land and into the country of replacement shall apply to the date determined in accordance with § 51, unless the beneficiary is already admitted to the possession in accordance with Section 38. Unofficial table of contents

Section 53

(1) Geldentdamages, from which other persons entitled to compensation are to be satisfied in accordance with Section 20 (3), shall be filed under the waiver of the right of withdrawal in the district court competent pursuant to Section 54 (2) for the distribution proceedings, to the extent that: A number of persons are entitled to it and an agreement of these persons on the payout is not proven. (2) This does not affect any other provisions on the basis of which the deposit is offered or statthaft. Unofficial table of contents

§ 54

After the entry of the changes of law provided for in the decision of expropriation, any person concerned may exercise his right to the deposited sum against a co-participant who denies that right, before the ordinary courts or who (2) The appellate court is responsible for the distribution procedure, in the district of which the property affected by the expropriation lies; in cases of doubt, § 2 of the (3) The rules on distribution are subject to the rules on the distribution of Distribution of the proceeds in the case of forced auction with the following deviations, mutagenly, to be applied:

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 § 13 of the Forced Auction Act; if the property is already confiscated in a compulsory auction or compulsory administrative procedure, it shall where they are to be used;

3.

the Court of Distribution has, at the time of the opening of the proceedings, to request the Office for the basic buchamp of the communications referred to in Article 19 (2) and (3) of the Forced Distribution Act; the certified copy of the basic book shall include the documents referred to in the time of notification of the expropriation decision to the expropriated entries, as well as the subsequent changes and deletions;

4.

In the case of the proceedings, the persons entitled to compensation referred to in Article 20 (3) shall be taken into account in accordance with § 10 of the Forced Enforcement Act, but only for the period up to the date of the period until the date of the Deposit.

(4) Where, under national law, the distribution of the proceeds in the event of a forced auction is not to be carried out by the enforcement court but by another body, it may be determined by national law that such distribution other bodies shall also be responsible for the distribution procedure referred to in paragraphs 1 to 3. Where the amendment of a decision of that other body is required, the judgment of the Court of Enforcement shall be re-approved. The appeal shall take place against the decision of the Court of Enforcement. Unofficial table of contents

§ 55

If, on the occasion of the decision to expropriate, asset disadvantages of the kind referred to in § 19, for which compensation could not be fixed in the decision of the expropriation, are incurred, the person entitled to compensation shall, at the request of the person entitled to compensation, be entitled to If an agreement is not reached, the expropriation authority shall fix a compensation retrospectively for this purpose. The application can only be made within ten years of the inability of the expropriation decision to be unchallenged. § 48 (1) shall apply mutas to the notice of the determination of the determination. Unofficial table of contents

§ 56

(1) If land or property parts are acquired for compensation in land, the provisions of § § 1, 2 and 4 of the Act supplementing the Reichssiedlungsgesetz of 4 January 1935 shall apply (Reichsgesetzbl. 1) on the exclusion of the right of dismissal of the creditors, the subdivision of the basic rights (mortgages, basic and pension liabilities) and real burdens and the registration of the legal changes in the land register. (2) Basic rights of property may be Purchasers are cancelled for immediate repayment within one year of the acquisition without notice of a notice period. If the announced right to cover debt securities of a credit institution which is not entitled to buy back the debt securities, the termination shall not take effect until the next admissible repayment date. (3) The tasks of the Settlement authorities in accordance with § § 1, 2 and 4 of the Act supplementing the Reichssiedlungsgesetz (Reichssiedlungsgesetz) are responsible for the expropriation authority. Unofficial table of contents

Section 57

(1) The expropriated former owner may require that the land deappropriated under the provisions of this Act be re-appropriated in his favour (reappropriation) if the property is no longer required for tasks within the meaning of § 1 or with the execution of the project, due to the expropriation of the property, not within two years, after the decision of the expropriation has become indisputable. This applies analogously in favour of the owner of a property on which a right has been established in accordance with Section 12 (1). (2) The request for reappropriation is within one year after the site managing the property to the former owner have been informed of the facts giving rise to the claim, at the latest within 30 years after the decision to expropriate, part A, has become indisputable to the expropriation authority. § 203 (2) of the Civil Code shall apply mutagenicly. (3) The expropriation authority may refuse the appropriation of the property if the property has been significantly altered or has been granted wholly or predominantly compensation in the country. (4) For the appropriation of the property the provisions of Sections 17 to 24, 28, 29, 31 to 37 and 44 to 55 shall apply mutagenicly. (5) The former holder of a right which has been granted or withdrawn by expropriation in accordance with the provisions of this Act may be subject to the provisions of paragraph 1 of this Article. require an equal right to be applied to the former Land for his benefit is refounded by expropriation. In the case of rights which are obtained by expropriation of the land which has been burdened in the past, this shall only apply if the former owner or his successor in law receives the property back. The provisions relating to the appropriation of reappropriation shall apply mutatily.

Part Three
Remedies

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Section 58

The administrative court order shall apply to the dispute over the administrative acts adopted pursuant to this Act. Unofficial table of contents

§ 59

(1) For claims on the fixing of a payment of the money, an additional compensation for money (§ 24 sentence 1), a compensatory payment (§ 24 sentence 2), a natural value pension, an ownership repayment of property (§ 38 para. 4) or on the amendment of the (2) The action shall be admissible only if the decision to expropriate the person in question is subject to the law of ordinary courts. Part A has become indisputable. This does not apply to complaints for the fixing or alteration of the compensation for a possession of the property. (3) For the lawsuit, the regional courts are solely responsible for the value of the object of the dispute. The local court is solely responsible for the area in which the property is located. Unofficial table of contents

§ 60

The legal dispute shall be between the person entitled to compensation and the federal government. This shall apply mutatily if the dispute relates to a compensatory payment. Unofficial table of contents

Section 61

(1) The action shall be filed within two months. (2) The time limit shall begin, provided that the compensation for a possession of the property forms the subject of the action, only with the end of the day on which the decision of the possession of the property has been filed with a It is no longer possible to challenge the appeal proceedings before the Administrative Court or to have a final decision on the appeal proceedings brought about by law. In other cases, the time limit begins with the date on which the communication on the indisputability of Part A of the expropriation decision is notified to the parties concerned. (3) The time limit shall be an emergency period within the meaning of the Civil Procedure Code. Unofficial table of contents

Section 62

The action is intended to include the designation of the expropriation decision (Part B) or the possession decision and the indication of the evidence for the facts, which result in compliance with the period laid down in section 61 (1). The application shall be subject to the presentation of a copy or certified copy of the decision of the expropriation (Part B) or of the decision on the transfer of property. Unofficial table of contents

§ 63

§ § 59 and 60 apply accordingly for claims due to subsequent determination of compensation (§ 55). The action shall be brought within a period of two months from the date of notification of the notice of detention; the time limit shall be an emergency period within the meaning of the civil procedure. The action may also be brought if the expropriation authority has not made a decision on a request for a decision within six months. § 62 shall apply mutatily.

Fourth part
Transitional and final provisions

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Section 64

(1) In accordance with Article 13 of the first part of the Treaty, land which has been used by the authorities of a participating power and on which buildings have been built after the use of buildings before 5 May 1955 shall be the subject of the first part of the contract. Arrangements arising from war and occupation beyond that date by the Governments of the United Kingdom of Great Britain and Northern Ireland, the United States of North America and the French Republic for accommodation of their embassies and consulates, they may be used only in accordance with the provisions of this (2) The same shall apply to land plots established by the authorities of a participating power for the erection of structures and installations not only for temporary purposes, or for troop training places, The use of the land referred to in Article 48 of the Treaty on the Rights and Duties of Foreign Armed Forces and its Members in the Federal Republic of Germany has been used for the use of aerodrots and similar projects. (troop contract) of 23. October 1954 and the law on the provisional continuation of the use of objects for purposes of foreign forces and their members of 3 July 1956 (Bundesgesetzbl. 639) on 31 December 1956, and the land is still needed for the purposes set out in Article 1 (1). The provisions of the Federal Power Act of 19. October 1956 (Bundesgesetzbl. 815) and the Protection Area Act of 7 December 1956 (Bundesgesetzbl. I p. 899) shall remain unaffected. (3) With respect to the land referred to in paragraphs 1 and 2, the use of 5 May 1955, 12 o'clock until 31 December 1968 shall be deemed to be an early possession of the property within the meaning of § 38; may, in an individual case, be at that time the expropriation shall not be carried out and if there is a need, in particular on account of the obligations of the Federation under Article 48 of the Additional Agreement to the NATO troop statute, the expropriation authority shall, upon request in writing, the competent authority, which shall have received two months in advance, the designation of by decision to the extent necessary. If such a decision is taken, the owner may request the immediate execution of the expropriation. This application shall be decided within six months. The transfer of possessions shall be equal to the offer of the transfer of possession within the meaning of section 50 with regard to the immediate maturity of the recognition amounts. The transfer of possessions shall be repealed if the need continues. If agreement is not reached on the repayment of property rights, it shall be fixed by the expropriation authority. § 63 applies accordingly. (4) For the assessment of the compensation, the condition of the property at the time of use shall be decisive. Any compensation already paid for changes in the condition of the land after use shall be taken into account. Unofficial table of contents

Section 65

(1) If, before the entry into force of this law, the Federal Government has purchased a property of the kind referred to in § 64 and the purchase price has been calculated on the basis of the condition of the land at the time of the purchase of the property, the former owner of the Federal Government shall be able to pay the purchase price. the difference between the purchase price and the amount which would have been payable if the assessment of the purchase price had been based on the condition of the land at the time of use. This shall not apply in so far as the former owner has already been compensated by other means. (2) If an agreement is not reached on the amount to be paid in accordance with paragraph 1, it shall be determined by the authority designated by the State Government. set. § 63 shall apply accordingly. Unofficial table of contents

Section 66

(1) If, in the cases of § 64, the decree of an expropriation decision is rejected, Section 42 (2) shall apply, unless otherwise specified in the following paragraphs. (2) The compensation shall be determined on the basis of the costs, which are necessarily shall be applied in order to eliminate the changes and to restore the former condition, in so far as the land no longer serves to serve as a result of the alteration to its original intended use or to the extent that the use of the land is essential is impaired or its management is much more difficult. If the costs are not proportionate to the disadvantages suffered by the owner as a result of the changes, the compensation shall be limited to compensation for those disadvantages. (3) The payment of the compensation referred to in paragraph 2 may be made subject to the condition that the changes are actually eliminated. (4) If the value of a land is increased by changes in construction during use, the obligation of the owner shall be determined in order to compensate for the increase in value according to § 6 para. 2 of the law on retribution of occupation damage of 1 December 1955 (Bundesgesetzbl. 734). Unofficial table of contents

Section 67

The rights of the churches or other religious societies and religious associations under Article 140 of the Basic Law and on the basis of contracts shall remain unaffected. Unofficial table of contents

Section 68

Statutory provisions, administrative orders or statutes which prohibit credit institutions from the investment of their assets in basic or real-estate liabilities outside a given district shall not apply if the basic rights or Realloads according to § 23 shall be reestablished at a plot situated outside the district. Unofficial table of contents

Section 69

(1) The right of pre-emption under the Reichssiedlungsgesetz may also be exercised for the purpose of acquiring land for compensation in land, even if the owner sells the property to a public-law corporation. (2) The Federal Ministry of the Interior can, in agreement with the Federal Ministry of Food, Agriculture and Consumer Protection, the settlement companies and land-supply associations in the The meaning of the Reichssiedlungsgesetz (Reichssiedlungsgesetz) by means of a legal regulation which The Federal Council requires,

1.

to communicate, at the request of the expropriation authority, cases in which a right of pre-emption can be exercised in accordance with the Act on the Law of the Reich, and

2.

to exercise the right of pre-emption for the purpose referred to in paragraph 1 if they do not wish to exercise the right for settlement purposes and to dispose of the land obtained by the exercise of the pre-purchase under the instructions of the Commission. In the case of the implementation of this Directive, no legal or economic disadvantages may be caused to the pre-emptive person.

(3) § 20 of the Reichssiedlungsgesetz (Reichssiedlungsgesetz) as well as the provisions of national law concerning the restriction of the use of settlement in settlement bodies are not to be applied to resettlement sites in so far as they do not apply to the property that is procured. In case of doubt, the competent authority in accordance with § 8 decides whether a post is to be regarded as a resettlement site. Unofficial table of contents

Section 70

Requires the owner in accordance with § 10 para. 2 of the Federal Act of Performance of 19. October 1956 (Bundesgesetzbl. 815) or in accordance with Section 15 (1) of the Protection Area Act of 7 December 1956 (Bundesgesetzbl. 899) The withdrawal of the property or another person entitled to the withdrawal of the law pursuant to Article 15 (2) of the Protection Area Act shall be subject to the provisions of this law relating to the expropriation and indemnification, with the proviso that: In place of the application in accordance with § 11 of this Act, the owner or the authorized person referred to in § 15 (2) of the Protection Area Act shall be entitled to the request. Unofficial table of contents

Section 71

(1) The procedure before the expropriation authority is free of charge. (2) Procedures for the implementation of this law, including the correction of the public books, are free of charges, taxes, costs and charges, with the exception of those in the Court and Notary Costs Act shall be subject to a specific assessment and certification cost, without prejudice to any provisions relating to taxes with a local area of effect, in particular the basic value tax, as well as to the fees, Costs and charges based on national law. (3) The The competent authority shall recognise the freedom of fees, taxes, costs and duties without verification if the expropriation authority certifies that a transaction or a negotiation of the execution of the land procurement is served. Unofficial table of contents

Section 72

In cases where the loss of land to a large circle of owners is to be distributed or disadvantages for the general state culture are to be avoided (Section 87 (1) of the Parcel Reunification Act of 14 July 1953-Bundesgesetzbl. 591), the competent Federal Minister, or the federal authority designated by him, may submit the application for the initiation of the industrial cleaning procedure. The order of provisional planning (Section 87 (2) of the Law on the Protection of the Land) is replaced by the order in accordance with Section 1 (3). The competent federal minister or the federal authority designated by him is the competent upper authority within the meaning of Section 88 (3) of the Parcel Purification Act. The competent authority in accordance with § 8 shall take the decision in accordance with Section 89 (1) of the Law on the Purification of Parcel. Unofficial table of contents

Section 73

Orders by the managing authorities shall be effected in accordance with the provisions of the Administrative Appointing Act. Unofficial table of contents

Section 74

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§ 75

-

Footnote

§ 75: Applies to the Saarland in accordance with. § 1 No. 33 V v. 28.11.1958 I 891 with the exception of section 25 (2), § § 64 to 66 and 75 as well as § 51, insofar as this refers to the Currency Act Unofficial table of contents

Section 76

This Act shall enter into force on 1 January 1957.