Key Benefits:
Act of 26 March 1981 on the arrangements for agricultural land use
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken the view that it is desirable to establish a review of the estrangement of agricultural land and natural sites to promote balanced price development and the assessment of the need to ensure a fair share of prices for agriculture. (i) the establishment of a right of preferential treatment for agricultural land management in the acquisition of agricultural land and nature reserves.
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act and the provisions based thereon, the following definitions shall apply:
Our Minister: Our Minister for Economic Affairs;
agriculture: arable farming, animal husbandry-including intensive livestock farming, horticulture-including fruit cultivation and the cultivation of trees, flowers and flower bulbs, forestry and any other form of soil culture;
country: agricultural land and nature reserves;
agricultural land: land on which any form of agriculture is or can be exercised immediately;
nature areas: heaths, high-fat, sand sprays, dunes, swelders, salts, gorges, swallowing, cane and ruigtlands, lowland swamps, in so far as it is not agricultural land;
Restricted duty: the right of leaseboard, on-farm, tightness, or usufruct;
Disposal: the transfer of ownership or the allocation of an immovable property, as well as the transfer or assignment or establishment of a limited right to which an immovable property is subject;
"transferor" means the owner of an immovable property or the person entitled to a limited right which is subject to immovable property, who wishes to transfer to the property, and the person involved in liquidation of a community; is responsible for, and wishes to transfer, the transfer of the property;
holding: a complex consisting of one or more buildings or parts thereof and the agricultural land forming part of that operation;
'managing director' means the natural person in charge of an undertaking driven in the form of a legal person governed by private law;
office: office management agricultural land as intended in Article 28 ;
main occupation: the profession, from which a person draws his income to a degree.
This part has not (yet) entered into force; see the summary of changes
1 The statement of the ground chamber referred to in Article 2, second paragraph, point (c) , is not required in respect of an alienation with regard to immovable property situated in an area declared by the decree of mayor and aldermen, that it is solely or almost exclusively situated in its immovable property. cases, which are used sustainably for non-agricultural purposes and which do not have to be considered natural.
2 On the preparation of the decision referred to in paragraph 1 Section 3.4 of the General Administrative Law applicable.
3 The decision mentions, with reference to an attached cadastral card, the cadastral indication of the immovable property in this area.
4 Mayor and aldermen provide a copy of the decision and the corresponding cadastral card to the relevant office of the Land Registry Office and public registers.
5 In the case of, or under general management, detailed rules may be laid down as to the description and indication of the area.
For the application of Article 2, first paragraph , the notarial declaration referred to therein shall be deemed to be equivalent to the declaration of a person who has drawn up a single instrument for delivery and, to that end, by virtue of Article 91 of the Transitional Law of the New Civil Code has been competent.
Following the registration of an instrument, the nullity shall not be relied upon in respect of the provisions of the provisions of this Law or of the provisions of this Act.
1 An agreement for land estrangement shall require the approval of the ground chamber.
2 An agreement to land estrangement shall be approved, where it is concerned:
a. An agreement between blood or relatives in the straight line, or with a foster child. Foster child means the person who is permanently cared for and raised as a child of their own;
b. an agreement to estrangement of land to the bureau or to the general interest of the bureau or of the public interest;
c. an agreement to estrangement of land, as far as overangles are concerned, the estrangement of which takes place as part of an agreement as referred to in part J ;
d. an agreement between pachter and lessor in pursuit of the preferred right of the tenant to be used in the Section 11 of Title 5 of Book 7 of the Civil Code ;
e. a land consolidation contract as referred to in Article 85, first paragraph, of the Rural Establishment Law , which satisfies the requirements of our Minister;
f. an agreement to estrangement of land, the area of which is not exceeding 50 ares, which constitutes a unit with a stall, which shall not be used for the purpose of agriculture. If the stabbation is normally carried out for the purpose of agriculture, the acquirer must make sure that it will be used for other purposes other than agronomic purposes;
g. an agreement, in which the acquirer makes plausible use, that he will use or do use agricultural land for other than agronomic purposes, and a statement made by mayor and althouders, that those purposes do not conflict with the use of a control plan or a control of the intended use of the control;
h. an agreement of division of a decomposed marriage community, a disbanded community of a registered partnership or an estate;
i. disposition of disposition pursuant to a disposition of property;
j. an agreement to the estrangement of land to the State, a province, a municipality, a legal personality owning body as intended in the Common Arrangements Law ( Stb. 1950, K 120), a sewership, a cattle property, or a cattle polder;
k. an agreement to estrangement of land by the Office to the State, a province, a municipality, a legal personality owning body as intended for the purpose of Common Arrangements Law , a sewership, a livestock, a peat polder or a legal person working in the public interest to be pointed out by Us.
3 An agreement to the estrangement of land between blood or relatives on the sidelines until the second degree is approved, if the requirements are fulfilled as intended in Article 8, second paragraph, point (a), or Article 9 (c) .
4 We may attach regulations to a designation as referred to in paragraph 2 below. b. These rules may include restrictions. The designation is given by Our Minister in the Official Gazette It is known
5 Mayor and aldermen decide within thirty days of the lodging of an application to obtain a declaration as referred to in the second paragraph. G . If mayor and aldermen have not made a decision within the time limit set, the issuing of a certificate may be requested to the Member States to decide within 30 days of their decision.
6 The provisions of paragraph 2, G These declarations shall be valid for six months following the date of the day of the day, unless the college issuing the certificate mentions a shorter period of validity.
7 The provisions of the second paragraph, J , shall be applied only in the case of agricultural land situated in a zoning plan where a non-agricultural destination applies or the government in question states that the use of the land will be different from the agricultural point of view. This statement may be addressed by a general measure of management.
8 Where there is no declaration as referred to in the preceding paragraph, the agreement shall be approved if an approved agreement or a draft agreement is submitted, where the government concerned is subject to the approval of the agreement. again, to estrangement of the agricultural land.
1 An agreement to estrangement of an estate is approved by the ground chamber if it is plausible, that the acquirer will maintain the estate as a unit.
2 Under an estate means:
a. a complex, designated as a estate within the meaning of Article 1 of the Nature Law of Nature 1928 ( Stb. 63);
b. Other areas wholly or partly occupied by forest or other timber stocks, the survival of which is desirable from the point of view of social importance, and designated by our Minister as estate within the meaning of this Act.
3 A designation as referred to in point (b) of the preceding paragraph shall be made jointly at the request of the owner or at the request of several owners.
4 A designation as referred to in point (b) of the second paragraph shall have the effect of determining the country as an estate for two years from the date of the day's day.
5 Against the refusal of a designation as referred to in point (b) of the second paragraph, proceedings are open to the Central Ground Chamber.
1 Without prejudice to the provisions of the Article 6, second paragraph , 7 and 37, 1st Member , the Ground Chamber gives its approval to an agreement to land estrangement, if requirements are met, which may be imposed by general administrative action. These requirements may vary according to the type of farming of the companies involved in the disposal and depending on the territory in which the land is situated.
2 In so far as agricultural land is concerned, the requirements referred to in the preceding paragraph may only concern:
a. the training, experience or principal appeal of the acquirer, to the extent that this person is a natural person;
b. in the case of the estrangement of an undertaking which is not to be added to any other holding: the charting of the agricultural land;
c. in the case of the transfer of a holding to another holding: the maximum amount of farm after the addition and the charting of the agricultural land to be added, including with respect to the acquiring company;
d. in the case of the estrangement of loose agricultural land, the maximum holding area after the addition, the charting of the agricultural land to be added, including the acquisition of the acquirer.
3 In so far as nature reserves are concerned, the requirements referred to in paragraph 1 may cover only:
(a) the status of the acquirer;
b. Combating the fragmentation of natural terrain;
(c) the guarantees, which must be provided by the acquirer for the conservation of the natural land.
4 With regard to agreements on estrangement of agricultural land situated within areas in which the pursuit of agriculture is to be directed towards the preservation of the natural or landscape nature of the agricultural land, or in areas situated within the territory of which the further requirements may be laid down in the case of natural or landscape conservation in the future, where further requirements may be required by general management measures. These requirements may include deviations from the requirements referred to in the second paragraph. The detailed requirements may not entail the obligation to conclude a management agreement or to deal with specific experience with agriculture, as is pursued in these areas.
5 A measure adopted pursuant to paragraph 1 shall be submitted to the two Chambers of the States-General. Within 30 days of production, at least one fifth of the constitutional number of members of one of the Chambers may wish to be given the wish that the matter to be settled by the measure is governed by the law. If such a wish is expressed, we shall submit a draft law to this effect as soon as possible. The measure shall enter into force with effect from the date to be determined by Our Member State, which shall not be situated earlier than after 30 days after the date of its presentation if, during that period, the measure shall not be taken by, or on behalf of, one of the Chambers or at least one fifth of the constitutional number of members of one of the Chambers is expressed as to whether the entry into force of the measure will be governed by the law.
An agreement for estrangement of agricultural land situated within an area covered by Article 8 Where the requirements for agricultural land are laid down, the ground chamber shall be approved by the Ground Chamber if the acquirer provides that he will use the agricultural land for a type of farming type for which it is intended to be used on the basis of Article 8 have not been subject to requirements, or in the exercise of a profession to be referred to in general management measures, and where:
a. the nature and extent of the agricultural land to be alienated, and any stabbings thereon, are suitable for the specified use;
(b) the acquirer provides sufficient guarantees that the declared use will be achieved;
c. The acquirer, if a natural person, meets requirements in respect of training, experience or principal action that can be posed by a general management measure.
1 An agreement for estrangement of agricultural land to a natural person shall be approved by the Ground Chamber, if an approved lease or lease contract with respect to the land to be sold becomes was submitted.
2 The Article 14, first paragraph, point A and c, and the second member , 15 , 16 , 17 , in the case of an approval as referred to in the previous paragraph, shall apply mutatis mutandis, subject to the terms 'consent' being read 'approval'.
If the ground chamber remembers its approval of an agreement, it shall declare it null and void.
Without prejudice to the provisions of the Article 6, second paragraph , 7 and 37, 1st Member , an agreement to estrancate agricultural land to a legal person shall be approved if:
(a) the ground-chamber is authorized by the legal person to conclude such an agreement;
b. to be fulfilled, either to the specific case or to Article 8, second or fourth paragraph , either to the specific case of: Article 9 .
The applicant shall, for the purposes of the authorisation, as referred to in Article 12, point a, to submit the following information:
a. The legal form;
(b) the name of the legal person;
(c) the contract of employment with the manager or an approved lease or lease contract with regard to the agricultural land to be alienated;
d. The Statutes, to the extent that the legal person has them.
1 Consent, as intended Article 12 (a) , it may be refused:
a. where it is reasonable to assume that the actual situation will not be in accordance with the requirements set out in the application;
(b) if the request has been submitted to the manager of an employment contract with the manager, who is to be employed on the holding:
1 °. if it is not demonstrated, that the manager complies with requirements to be laid down by general management of directors in respect of training, experience or principal occupation.
2 °. where it is reasonable to assume that the manager will not be responsible for the management of the undertaking in a sustainable way;
3 °. where it is reasonable to assume that the manager will also be a manager outside the holding in question;
c. Where the request has submitted a lease or lease agreement with respect to the agricultural land to be overtaken:
1 °. where it is reasonable to assume that the parties do not really mean to establish the lease or lease agreement or to maintain the lease agreement in a sustainable way;
2 °. where it is reasonable to assume that the lease agreement will end within the foreseeable future and will not be replaced by another one.
2 In the case of a general measure of management, further rules may be made with regard to the grounds for refusal as defined in the preceding paragraph.
3 In case the consent is not granted, appeal is open to the Central Ground Chamber.
4 In case the consent is granted, the data is intended Article 13 by derogation from Article 6, first paragraph, of Implementing Law Ground Chambers , delivered without delay to our Minister.
1 If, within a period of seven years from the date of consent, change occurs in the information submitted to the ground room, such changes shall be notified to the ground room within one month.
2 In so far as the amendment concerns an agreement with a new manager or a new tenant, this amendment is subject to the permission of the ground chamber.
3 The consent referred to in the previous paragraph is granted, if it is satisfied with or pursuant to Article 14, first paragraph .
4 The information referred to in paragraph 1 shall be made by way of derogation from Article 6, first paragraph, of Implementing Law Ground Chambers , submitted without delay to our Minister, unless the second paragraph is applied. In the latter case, the information shall be submitted after the ground chamber decides on the consent referred to therein.
1 At the request of or because of our Minister, the consent may, within the period mentioned in Article 15, first paragraph , withdrawn by the ground chamber, if:
(a) the information to be acquired in order to obtain the information in such a way as to be incomplete or incomplete, which would have been decided upon at the request, if the appropriate conditions had been fully disclosed;
(b) the legal person does not have an employment contract with a manager, or if the legal person is no longer acting as a lessor;
c. the obligations, arising from Article 15, first paragraph , have not been complied with, or if the authorisation as referred to in Article 15, second paragraph , not granted.
2 Of the revocation, as referred to in the preceding paragraph, is open to the Central Ground Chamber.
(1) If a legal person mentioned within the period mentioned in Article 15, first paragraph Where agricultural land is subject to a limited right to which agricultural land is subject, possession, for which the ground chamber has not been authorised or withdrawn, Our Minister shall require that the legal person be responsible for the that agricultural land enters into a lease agreement with the Agency or with a tenant to be indicated by it.
2 A claim as referred to in the preceding paragraph shall not be set after the expiry of six months after the date of revocation of the consent.
3 If a legal person fails to conclude a lease contract as provided for in paragraph 1, a periodic penalty payment shall expire on a daily basis from the thirtieth day following the claim of Our Minister. the amount to be determined.
4 In the case of a general measure of management, detailed rules shall be laid down concerning the procedure for designation of tenant holders, the conditions under which a lease contract as referred to in paragraph 1 is concluded and the way in which the office is to be Agricultural land may lease.
5 By way of derogation from the provisions of Article 355 of Book 7 of the Civil Code shall not require the written consent of the lessor by the Bureau.
In the event of the dissolution of a legal person, the transfer shall be required under Article 23, 6th paragraph, of Book 2 of the Civil Code , if and to the extent to the batig balance of agricultural land, the permission of the ground chamber. Authorisation shall be granted if the acquirer of the agricultural land complies with or pursuant to this Law.
1 The application for approval as intended Article 6, first paragraph , or consent as intended in the Articles 12 (a) , 15, second paragraph , and 18 It shall be submitted to a complete form, completed at the premises of the Ground Chamber, and on the presentation of three copies of the Convention to the estrangement of the State, together with an indication of the cadastral mark of the immovable property on which the the contract and the size of each of the parcels and parcel areas concerned.
2 The model of the form referred to in the previous paragraph shall be established by Our Minister.
1 The request for approval or consent must be submitted to the ground chamber, intended to Article 22 of the Implementing Law Ground Chambers .
2 The ground room shall indicate the date of receipt of a request for approval without delay.
1 They, who intend to enter into an agreement on land estrangement, shall be empowered to submit a draft agreement to the ground chamber for approval.
2 The request for approval must be signed by the parties mentioned in the draft agreement as either party or by their agents.
3 The application for approval shall be submitted on a complete completed form as referred to in Article 20, first paragraph, point the presentation of three copies of the draft agreement, together with an indication of the cadastral indication of the immovable property to which that draft contract relates, and the size of each of the parcels in question, and Parcel parts.
1 The ground chamber shall assess a draft agreement as referred to in Article 22 with application of the Titles II and III ; it may make its approval subject to modifications, which it considers necessary.
2 If within two months of the fact that the ground chamber or the Central Ground chamber has sent an approved draft agreement to each of the parties, an agreement shall be sent, which shall be the same as the draft agreement, as it has been cleared, the ground chamber is without prejudice to the provisions of Article 37, first paragraph -To be approved.
1 The ground room or the Central Constitute shall be entitled to order an oral hearing of the request made to it in a meeting to be determined by it.
2 The ground room or the Central Ground Chamber shall be obliged, at the request of one of the Parties, to order an oral hearing of the request made to it on a meeting to be determined by it.
3 The Secretary calls on the parties for the oral procedure.
The Articles 6 to 8 , 13 , 14 , 22, second paragraph to 24 , 29 to 32 , 34 and 35 of the Implementing Law Ground Chambers shall apply mutatis mutandis where, under the provisions of this law, a decision of the ground chamber or the Central Ground Chamber is required.
1 Where the ground room to an agreement, or a draft agreement, denies its approval, or a declaration as referred to in Article 2, second paragraph, point (c) , to be issued, the persons concerned shall be open to the Central Ground.
2 The Articles 37 to 42 of the Implementing Law shall be applicable mutatis mutandis, subject to the understanding that: Article 37 (4) of the Implementing Law , is read as regards an agreement or a draft agreement as referred to in this Act.
1 Our Minister may, in accordance with our Minister of Security and Justice, lay down tariffs for the work to be carried out by the Ground Chamber and the Central Ground Chamber under this Law.
2 Article 44, second paragraph, of the Implementing Law ground-Chambers shall apply mutatis mutandis.
1 There is an agricultural land management agency.
2 The office shall have its seat in The Hague.
The Agency is a legal person.
1 Without prejudice to the provisions of this Act, the Office shall be entrusted with the execution of the assigned, temporary management or transfer of immovable property to the Ministers to be designated by Our Minister or by Our Minister for General Measure. relating to related activities.
2 In the case of a general measure of management, arrangements shall be made for the temporary management of agricultural land acquired under the conditions of Article 53 and on the manner in which such agricultural land should be re-established by the Bureau.
3 As far as the country is concerned, acquired under the right of preferential treatment or acquired from others, our Minister, in agreement with our co-relevant Ministers, rules on temporary management and the manner in which the In such a country, the agency needs to become alienated again.
1 There is a Committee on Agriculture and Rural Affairs. The task of the committee shall be to:
(a) giving the office general guidance and supervising the work of the Agency;
b. to decide on applications as referred to in the Article 59 ;
c. to perform other tasks assigned by Our Minister or by Our Minister for General Management to appoint a member of the Committee.
2 The committee shall report annually to our Minister and to inform our Minister of Governors of the work of the Office in the course of a general measure. Our Minister governs the manner and timing of the report, which is the subject of the report. The report shall be communicated by Our Minister to the States General.
1 We appoint and dismiss the chairman of the committee.
2 The appointment and resignation of the other members shall be made by Our Minister, or by Our Minister for General Management, each to be determined by a number to be determined by such a measure.
3 The Committee shall be composed of not more than 16 members and shall be composed in such a way as to appoint at least half the number of members on a proposal from third party organisations to be designated by a general measure of management.
4 The director of the bureau shall be secretary of the committee.
5 Our Minister may appoint advisory members.
6 In the case of a general measure of management, rules may be laid down on the composition, task and operation of the committee, and on the period for which the members are appointed.
1 The daily management of the Office shall be based on an official of the Ministry of Economic Affairs, to be referred to by our Minister, who performs the function of Director.
The Agency shall be represented in and out of court by the Director. Our Minister proposes further arrangements in the Official Gazette Decision to be taken. Our Minister may authorize other persons to represent the office in and out of court.
3 The director of the bureau is accountable to Our Minister and is obliged to carry out the assignments and to follow directions, which are to be pointed out by Our Minister or by Our Board of Directors. given.
4 The office does not have its own staff. His work is carried out by persons appointed by our Minister or employed by a civil service under civil law and who are paid directly by the Ministry of Economic Affairs. or rewarded.
1 The financial year of the Office shall be equal to the calendar year.
2 Annually, before 15 October, the Director shall adopt a budget of revenue and expenditure for the following calendar year, which shall be forwarded by the Commission to our Minister for approval.
3 Each year, before 1 July, the Director shall report to the account and to the accounts, which shall in any case contain a balance sheet and a statement of revenue and expenditure for the preceding calendar year, which shall be approved by the Commission after its adoption by the Commission. Approval shall be sent. The approval of the account shall be for the discharge of the Director and the Commission.
4 The balance of income and expenditure is to be paid in favour of the State budget.
Measures, as a result of which financial charges have to be incurred, and which do not result from this law, shall be taken by the Director only, to the extent to which the Minister or Our Ministers to designate them by means of a general measure of administration have been made available for that purpose.
1 Our Minister shall arrange for the budget, the management of funds and the account and accountability of the Agency, in agreement with our Minister of Finance. The rules shall be published in the Official Journal of the European Union.
2 The books and documents of the Office shall be made available to the officials to be indicated by Our Minister, and all information shall be provided to them, which they shall require for a proper understanding of the Agency's financial management. These are
The State shall ensure the financial obligations arising out of the performance of the Agency in the performance of its duties.
1 Convention on estrangement of the country, which is designated under paragraph 3, shall not be entered in the Section 2 of Title 1 of Book 3 of the Civil Code the public records referred to, after the office has been given an opportunity to conclude such a contract.
2 In the case of a general measure of management, for a period to be determined, territories may be designated, within which country as referred to in the first paragraph is situated. The measure contains considerations of the objective of establishing a right of priority in such a region. Such areas may be designated, in whole or in part, as follows:
a. Land-setting areas, from the moment that according to Article 18, first paragraph, of the Rural Establishment Law a draft incorporation plan is made available for inspection;
b. Areas designated as a reserve;
c. the region of Central Delfland, as established on the basis of the Central Delfland reconstruction law ( Stb. 1977, 233);
d. the area East Groningen and the Gronings-Drentse Veencolonies, as established on the basis of the Herecting Law East Groningen and the Gronings-Drentse Veencolonies ( Stb. 1977, 694);
e. areas, which are part of a structure vision as defined by Article 2.3, first or second paragraph, of the Spatial Planning Act have been identified after the entry into force of this Act as areas which may be designated as preferred area;
f. reconstruction areas referred to in Article 1 of the Reconstruction Act (concentration areas) , from the moment that according to Article 15, second paragraph, of that Act the design of the reconstruction plan shall be made available for inspection.
3 Within the areas defined under the second paragraph, we shall designate the grounds on which the first paragraph shall apply.
4 The designation referred to in the third paragraph shall not include grounds on which, according to the Articles 2 in connection with 3 , 4, first paragraph, point (a) , or 5 or 6 of the Local Law Preferences Act The Articles 10 to 24 and 26 of that Act apply.
5 The office's right of choice on grounds understood in a designation as referred to in paragraph 3 shall expire if following the conclusion of our decision on those grounds the Articles 10 to 24 and 26 of the Local Law Preferences Act apply due to the Articles 2 in connection with 3 , 4, first paragraph, point (a) , or 5 or 6 of that Act .
6 A designation as referred to in paragraph 3 shall be cancelled at the time when, as referred to in the second paragraph, a territory, as referred to in the second paragraph, is A , C or Ed , the plan of allocation has been lodged in accordance with Article 199, first paragraph, of the Land Resettlement Act , below Article 79, 2nd paragraph, of the Central Delfland Reconstructing Law , below Article 83, second paragraph, of the Herincorporation Law East Groningen and the Gronings-Drentse Veencolonies . The designation shall also expire one week after the date of the decision not to re-establish, land exchange or adaptation.
7 A designation as referred to in paragraph 3 shall be cancelled at the time when, in respect of an area referred to in point (f) of the second paragraph, the exchange plan has been made available for inspection in accordance with the provisions of the Article 75, first paragraph, of the Reconstruction Act concentration areas .
The instructions referred to in Article 37, second and third paragraphs (b) shall be published by the deposit of a copy thereof free of charge of a copy of each of the communes in which the preferential area is situated. The deposit shall be published by Our Minister in the Dutch Official Gazette, in one or more newspapers, which are distributed in the local authorities, and in the normal manner in the local authority.
1 The designation referred to in Article 37, third paragraph , shall indicate, by reference to an attached cadastral card, in relation to the immovable property to which it relates, the cadastral indication thereof, the size of each of the parcels in question in accordance with the basic register of the land register and, where an immovable property included in the designation constitutes a part of a parcel, the size of that part.
2 The Agency shall send a notification of the designation in question: Article 37, third paragraph , to any owner of the grounds included in the designation, as well as to any person entitled to a limited right to which those grounds are subject. The notification shall contain a description of the meaning of the designation. If the grounds are no longer understood in a designation as intended Article 37, third paragraph , or if it is Article 37, fifth or sixth paragraph The Bureau shall, in a similar manner, be informed of the occurrence of such a situation.
3 The designation as intended Article 37, third paragraph , shall enter into force after a week after the publication of the notice in the Official Journal of the Netherlands.
The provisions of Article 37, first paragraph , does not apply in so far as it relates to contracts as mentioned in Article 6, second paragraph, point a, d, e and H .
1 For the satisfaction of the Article 37, first paragraph , the transferor shall provide a written declaration to the office of the country to which the agreement is to be disposed of, in the case of the cadastral indication and the area of the country.
(2) If the agreement to estrangement of the country relates to land which is only partly covered by the designation in question Article 37, third paragraph , being included, but a coherent whole, can demand the alienation, that this whole of immovable property becomes involved in the estrangement at the desk.
3 If the agreement relates to a business, as part of which the immovable assets included in the designation referred to in Article 37, third paragraph , operated, may require the transferor, that the entire business be involved in the disposal at the desk. If requested, he would suggest that otherwise the basis for the existence of the company would be evaed.
4 The Agency shall confirm, as soon as possible, the receipt of the declaration.
1 Within two months of the receipt of the Article 41, first paragraph The agency shall decide whether it wishes to acquire, in principle, the country or the limited right.
The Agency shall communicate its decision to the addressee within the period specified in the first paragraph. If the Bureau gives an agreement to conclude an agreement, the communication shall include a bid for the items to be entered into the contract.
3 If, within the period referred to in the first paragraph, the Agency has reported that it does not wish to acquire the country or the limited right, the transferor has the freedom to, during the period of one year from the date of receipt of that notice, the freedom to without prejudice to the provisions of the Titles II and III -to enter into an agreement to alienate third parties in such a way that the transfer must cover all the country or restricted rights specified in his declaration, including the part of the holding, the transferor of which shall be the transferor of that declaration, following: Article 41, second and third paragraphs , has demanded, that it should be involved in the estrangement.
4 If the office of the period referred to in paragraph 1 is exceeded, the provisions of the preceding paragraph shall apply mutatis mutandis, except that the period of one year specified therein shall be applied after the period of that period.
1 If the office has entered into negotiations on entering into an agreement to alienate, the transferor may wish to give the office the wish, that on the price advice will be issued by experts, to be appointed by the court within whose jurisdiction the country in question is wholly or largely situated. Within two weeks of receipt of the relevant written request from the transferor, the Bureau shall request the court to appoint one or more experts in order to deliver the opinion referred to.
2 If the Bureau of the period referred to in the preceding paragraph is exceeded, Article 42, third paragraph , mutatis mutandis.
3 In the application of the application, the Office shall submit a certified copy of the request made by the transferor.
4 The court appoints one or more experts to deliver a reasoned written opinion as soon as possible. The experts shall adopt their opinion with the corresponding application of the Articles 40 B -40f of the expropriation law .
5 The costs of the request and of the expert opinion shall be borne by the Agency.
1 Within one month of the day's day drawing Article 43 advise the Bureau to give a reasoned opinion to the Court of Justice on the price, or on the transferor, that it can reconcile itself with the opinion.
2 Where the Office, within the period prescribed in the first paragraph, has notified the transferor that it may agree with the opinion of the experts, the Bureau shall, subject to the provisions of the following paragraph, be given no later than three months after the end of the period of day drawing of the notice to the transferor thereof. Until the end of that period, the transferor may give reasoned requests, judgment on the price, or report to the office that he can unite with the opinion, or, he does not notice the closure of an opinion. Agreement to estrangement. If, before the expiry of that period, the transferor has not notified the Office that he is in a position to reconcile itself with the opinion, he shall not be entitled to rely on the notice referred to in the first sentence of this paragraph.
3 Where, within the period of three months laid down in the preceding paragraph, the transferer has made the request to the Court of Justice there, the Bureau may, within 14 days of the date of that request, report to it that the Bureau may the purchase is complete. In the absence of such notice, after the expiry of that period Article 48 .
4 Where, within the period of one month referred to in paragraph 1, or within the period of 14 days laid down in the third paragraph, the Agency has notified the Office of the sale of the goods, Article 42, third paragraph , mutatis mutandis.
5 If the office of the period laid down in the first paragraph is exceeded, it shall be Article 42, fourth paragraph , mutatis mutandis.
1 If a request as referred to in Article 44 It shall appoint one of its members as Commissioner to, together with the following: Article 43 appointed experts and accompanied by a Registrar, to investigate, to this end, to take up the country's location and condition. The time and place of inclusion shall be determined by the Judge Commissioner as soon as possible and communicated to the experts by the Registrar, and in any case to the parties who may be present at the time of their inclusion.
2 Of the inclusion, the Registrar shall draw up a report to be signed by the Judge-Commissioner and by himself. The Judge-Commissioner shall give the experts a detailed opinion on the award and shall fix the day on which this opinion shall be lodged at the Registry of the Court of Justice. This day will not be determined later than at the latest three months after the day of inclusion. The minutes shall indicate the date of the deposit.
In the first hearing for the treatment of civil matters, which took place at the end of one month after the end of the month of Article 45, second paragraph The deposit, as referred to above, may appeal to both parties in case of oral argument. The Registrar shall call on the parties, and the experts, to be present at the hearing. No later than four weeks after the hearing, the court shall decide on the price. Article 43 (4), fourth paragraph, third and fourth sentence , shall apply mutatis mutandis.
1 Within one month of the order of the Court's decision, the Office shall notify the transferor of the fact that it is reconciles with the price specified therein or that it is to be considered by the Office.
2 Where, within the period prescribed in the preceding paragraph, the Agency has notified the transferor of its position with the price referred to therein, it shall not be less than three months after the date of the notice of the notice to the transferor thereof. Binding. If the transferor has not notified the Office before the expiry of that period, that it may reconcile itself with the price, he shall not be able to rely on the notice in respect of the previous sentence as opposed to the Bureau.
3 Where, within the period prescribed in the first paragraph, the Agency has notified the transferor of the Agency of processing, Article 42, third paragraph , mutatis mutandis.
4 If the office of the period laid down in the first paragraph is exceeded, Article 42, fourth paragraph , mutatis mutandis.
For a period of three months from the date of the day of the order of the court as referred to in Article 46 In the event that the transferor so requires, the Bureau shall be obliged to cooperate in the establishment of an instrument for the delivery to him of the country in question or a limited right of payment against payment to the transferor of the court in which the court is to pay Its decision is certain price.
The decision referred to in Article 46 is not susceptible to appeal or cassation.
1 The costs of the Article 44 and 45 described procedures, the cost of the Article 43 the opinion of the experts, the costs of the further opinion, referred to in Article 45, second paragraph , the cost of the experts, attached to attending the in Article 46 The court shall bear the said hearing and the expenses incurred by the transferor by the transferof for legal aid and any other expert, but shall be borne by the Office, but shall, if it so finds, be in the court of circumstances of the case, competent to compensate for all or part of the costs.
2 The decision of the court, in so far as it concerns the cost of the costs, is open to implementation.
1 Our Minister may invoke the nullity:
a. of the transfer or issuance of shares or certificates of shares in private and public limited liability companies unless the shares or certificates of shares have been admitted to trading on a regulated market or any other multilateral trading facility, as referred to in Article 1: 1 of the Law on Financial Supervision or a system comparable to a regulated market or multilateral trading facility from a non-Member State as defined in Article 1: 1 of the Law on Financial Supervision , or from the establishment or transfer of membership or other rights to other legal persons or from non-marketing licence fees or such units of participation in such a market, or to such rights in the country or limited rights to which country is subject, if the companies or legal persons are, immediately or indirectly, the owner of a country or a person entitled to a limited rights to which that country is subject, or of certificate rights relating to land or restricted rights, and where that country is incorporated in a decision, as intended in Article 37, third paragraph ;
b. of the allocation of shares, certificates or rights referred to under (a), in the case of dissolution of any community other than the marriage community, the community of a registered partnership or an estate.
The nullity may be invoked in accordance with the preceding paragraph on the ground that the transfer, issue or allocation took place with its manifest effect, to prejudice the importance of the Agency to its preferred position as provided for in this Act.
3 The request must be made within two months of the transfer, issuance or assignment of our Minister before the court of the Arrondissement within whose jurisdiction the country is situated; the legal person shall be the legal person to which it is to be informed. is the place of residence or of the company or company. Our Minister shall not be admissible in his request if the Office has given written consent to the transfer, issue or allocation.
4 The previous members shall apply mutatis mutandis in the case of a sale under the First Section A or First Section B of the Second Title of the Second Book of the Code of Civil Procedure or as a result Article 248 of Book 3 of the Civil Code .
Written declarations, requests and decisions pursuant to this Title shall be sent.
1 Any person wishing to transfer ownership of land or to transfer a right of tightness to that may be referred to in the court of Article 43, first paragraph , request that the Agency be held to cooperate in the establishment of an act establishing an agreement on the transfer of land ownership or transfer of a right of tightness to the Agency against payment of the agreement to the transferor of the price to be determined by the Court.
2 The Articles 43, first, third, fourth paragraph, first sentence and fifth member , 44, first and second members , 45 and 46 shall be applied mutatis mutandis on the understanding that the traffic value is used as an agricultural land as a basis for determining the price. Where forestry is carried out, the traffic value shall be used as a basis of price for forest land. In the case of nature reserves, the traffic value in question shall be used.
3 The request referred to in paragraph 1 may, in the case of an enforceable sale, be made, at the request of the executant, by the person to whom the public sale is made, within a period of 14 days from the date of the sale of such a sale.
1 If under the conditions of Titles II or III no requirements relating to agreements to land estrangement have been made Article 53 Not applicable.
2 If the further requirements related to the estrangement of land are limited to the requirements imposed under Article 8, second paragraph, point a, or Article 14, first paragraph, point b. sub-1 ° , is Article 53 Not applicable.
3 The State, a province, a municipality, a legal personality owning body, as intended in the Common Arrangements Law , a waterscape, a livestock or a cattle polder cannot apply to Article 53 Requests.
A request as referred to in Article 53 is rejected by the court if it is implausible, that an appeal to that article is necessary as a result of the appeal Titles II or III requirements.
1 The costs of the Article 45 the procedure defined, the cost of the opinion referred to in Article 45, second paragraph , the cost of the experts, attached to attending the in Article 46 The court shall bear the said hearing and the expenses incurred by the transferor by the transferof for legal aid and any other expert, but shall be borne by the Office, but shall, if it so finds, be in the court of circumstances of the case, competent to compensate for all or part of the costs.
2 Article 50, second paragraph , shall apply mutatis mutandis.
1 In the case of, or under general management, provision may be made for the Agency to issue land lease on agricultural land to an agricultural operator in cases to be determined in such a measure.
2 After the end of the period for which the agricultural land has been spent in inheritance, the leaseholder has the option of buying the agricultural land at the real value as defined in Article 43 (4), fourth paragraph, third and fourth sentence .
3 The reformer shall have the option provided for in paragraph 2 if he has submitted to the Bureau for a minimum period of one year and not more than three years before the date of the end of the lease.
4 If an agreement is not obtained with the Agency on the price, the member of the family may make a request to the court within whose jurisdiction the country concerned is wholly or largely situated. The Articles 45 and 46 shall be applicable mutatis mutandis.
Our Minister shall lay down detailed rules on the issue and on the terms to be laid down at issue.
1 For applications for the issue of a land lease of agricultural land, the Committee on Agriculture shall decide on agricultural land.
2 Our Minister shall arrange for the rules to be followed by a decision.
3 Against decisions of the Committee on Agriculture and Rural Affairs, an appeal is open to our Minister.
If a province is not subject to rules pursuant to Article 8 take steps for that province Articles 2-19 , except for the specific provisions of Article 2, first, third and fourth paragraphs -Out of the way.
It shall be prohibited to do false or incomplete declarations for the purpose of obtaining the approval of an agreement to the estrangement of the country.
1 With the supervision of compliance with or under this Act, the officials appointed by the Minister's decision shall be responsible for this purpose.
2 Of a decision referred to in paragraph 1 shall be communicated by means of a decision of the Official Gazette .
3 The supervisory authority does not have the powers mentioned in the Articles 5:15 , 5:18 and 5:19 of the General Administrative Law Act .
1 Our Minister grants an application waiver from certain at or under the Articles 8 , 9 and 14, first paragraph, point (b) (1) If, in its opinion, there is a special circumstance and important interests to grant a derogation.
2 By way of derogation from the provisions of paragraph 1, the Minister shall waive the provisions of the Article 8, third paragraph .
3 An exemption may be granted under restrictions; regulations may be subject to rules.
4 In the case of, or under general management, arrangements shall be made with regard to the procedure to be followed when applying for an exemption, as well as to the decision on the application.
5 Against a decision of Our Minister on the granting, refusal, extension or revocation of a waiver, appeal is open to the Central Ground Chamber.
This part has not (yet) entered into force; see the summary of changes
The duties, charges, obligations and assets of the Foundation for the Management of Agricultural Land shall be removed from the Agency by its removal.
This part has not (yet) entered into force; see the summary of changes
1 This Act may be cited as 'Agricultural Land Transport Act'.
2 It shall enter into force with effect from a time to be determined by Our Member State, which may be different for the various articles or parts thereof.
Burdens and orders, which are in the State Sheet All ministerial departments, authorities, colleges and civil servants, with whom this is concerned, will keep their hands on the precise implementation.
Given at Lage Fireian, 26 March 1981
Beatrix
The Minister for Agriculture and Fisheries,
G. J. M. Braks
The Minister for Housing and Spatial Planning,
Effaerts of Blokland
The Minister of Justice,
J. de Ruiter
The Secretary of State for Culture, Recreation and Social Work,
G. C. Wallis de Vries
The Minister of Finance,
Van der Stee
Published in the nineteenth of May 1981The Minister of Justice,
J. de Ruiter
