Reorganisation of Land Holdings Land Development Toolbox
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Reorganisation of Land Holdings Land Development Toolbox Content 03 Foreword 04 Introduction Agriculture and forestry 16 Land managers, landowners, residents in Schönbach/Zschetzsch — together to the goal 20 Multifunctional lane network secures agricultural land in Peritz 24 “Kirchberg-Seifersdorf” proceeding — property on the waste-water pond reregulated Nature conservation and environmental protection 30 Callenberg Nord II is a habitat for rare animals and plants 34 Presseler Heidewald- und Moorgebiet is permanently safeguarded 38 Molinia meadow in Dresden’s Elbe Valley Flood protection 44 Flood protection in Dittersbach 48 The calming of Ziegengrund Brook in Podelwitz Infrastructure measures 56 Expansion of S 177 — Radeberg/Großerkmannsdorf local by-pass 62 Crossen breaks new ground Land regulation and land management 70 Ownership-rights structure reorganized along the Schwarzer Schöps in Nieder Seifersdorf 74 Horticultural farms get a new home — Thiendorf gardener settlement Mitigation of mining consequences 80 From the lignite strip mine to the “Haselbacher See” recreation area 84 New space for “wilderness” in the recreational area around Holzweißig 88 Contacts Foreword The Free State of Saxony’s rural area is a living, working, and recreational area for us humans. But it is also a rich habitat for flora and fauna. Our environment has evolved over many centuries into a cultural landscape representing the most important economic base for our country’s agricultural and forestry enterprises. Even after twenty years of German unity, ownership questions arising from the use of private property on land before the political change remain to be clarified. Actual land use and the legal protection of property rights often diverge markedly. That can lead to imped - iments in economic development and hamper the rural real estate market. Rural plots of land are needed for the realization of a variety of significant projects such as the construction of roads and flood control systems. These have primarily one thing in common: they require large areas. These measures permanently remove the affected plots of land from their previous, mostly agricultural use. The landscape is also chopped up since projects with extensive area needs are often involved here. That has far-reaching conse - quences for both agricultural and forestry enterprises as well as for nature. This results in wide conflicts of interest demanding sensible, acceptable solutions for all involved. Land consolidation proceedings offer a variety of instruments for how such processes accom - pany and in particular can be implemented as land-reorganisation regulations. The steps necessary from the technical side as well as the desires of landowners and of agricultural and forestry enterprises are taken into consideration during the redesign of rural land ownership. No other land regulation instrument has access to such a comprehensive rep - ertoire as reorganisation of land holdings. The ground on which we live is a limited com - modity. This valuable resource must be protected and preserved for future generations. The purpose of this brochure is to give an impression of how reorganisation of land hold - ings can accompany such processes and support community development in very differ - ent ways. Our thanks goes out to all of the district office employees who are wrestling with dedication and expertise in their daily work, focused, sometimes with persistence, on providing solutions to land-reorganisation problems in the communities, and who have laid the foundation for the creation of this brochure. I wish you many new insights and suggestions. Norbert Eichkorn President of the State Office of Environment, Agriculture and Geology Introduction Rural areas Various images are associated with this term: untouched nature on meadows, fields, and in forests; contented cows and sheep on the pasture; and tractors, which but seldom disturb the village’s idyllic calm. Others see agricultural operations, massive livestock breeding, biogas plants, gigantic wind turbines, or monocultures capable of high performance. That Saxony’s rural area is home to almost half of our population is undisputed. More than a million Saxons live in smaller towns and villages. Village structures are also present in the metropolitan areas around Dresden, Leipzig, and Chemnitz. Rural area encompasses more than 80 per cent of Saxony’s land area. It has irreplaceable func - tions as living, working, and recreation space, and supplies vital food, raw materials, energy, and drinking water. It is a versatile and indispensable part of Saxon identity. Reorganisation of land holdings in Saxony Land reorganisation proceedings for re-regulation of the ownership-rights structure in rural areas are summarized under the term “reorganisation of land holdings” in Saxony. These have their legal basis in the Land Consolidation Act (FlurbG) or in section 8 of the Agricultural Adjustment Act (LwAnpG). Furthermore, land regulation can be conducted under the Building Code (BauGB). The goal is to develop capable, versatility structured agriculture and forestry, and to secure and improve rural areas as an attractive location for working, living, and recreation. Land management and land regulation serve “land development” and are thus in the area of tension of many different user interests. Land development The task and goal of land development is to create “living conditions of equal value”. This is anchored in the basic law. Land development is influenced by long- and short-term developments at the community, regional, or global level such as demographic develop- ment in Saxony or the agricultural sector’s dependency on European or global changes. Rural areas are to be preserved as a working area for agriculture and forestry. Economic activity is to be encouraged, and regional and local development strengthened. The natural resources and cultural heritage are to be preserved and developed. These are 04 | Introduction Removal of straw bales at Böhlitz principles that the federal-state “Sustainable land development” working group has compiled in the “Guidelines for Land Development — Formulating the Future in Rural Areas” in the autumn of 2011. Keywords such as competitiveness, structural change; sustainability; diversification; customized and future-oriented infrastructure; citizen participation; internal development; tourism; flood, climate, nature, and environmen- tal protection; biodiversity; eco-account; and material cycle exhibit the diversity of topics and the area of tension where the land development is involved. Proceedings under the Land Consolidation Act The superior land consolidation authorities have arranged 304 land consolidation pro - ceedings since 1993. The 194,531 hectare area included in the proceedings corresponds to over ten percent of the land area. Land consolidation proceedings are officially directed proceedings that are conducted with landowners’ close cooperation. Each proceeding’s objective may be quite different. Land regulation is common to all of the proceeding. With its aid, property is rearranged so that use conflicts are eliminated, plans can be realized, and legal certainty is established on the property. How and in what time interval this can be achieved depends quite critically on the selection of the type of proceeding. The various types of proceeding that are possible under the Land Consolidation Act are introduced briefly below. The standard or normal proceedings (Land Consolidation Act, secs. 1, 4, and 37) com - prise the greatest portion both in number and in terms of their share of area. These proceedings’ objectives are very comprehensive. The original goal of land consolidation is traditionally the improvement of general conditions for agriculture and forestry. However general rural development is supported above and beyond this. This can hap - pen in different ways. The production of a functioning road and water network, the reduction of soil erosion by wind and water, water-management and flood-control measures, the establishment of biotopes and their networking, maintenance and devel - opment of valuable cultural landscapes, and village development projects are just a few areas whose actions may be supported by land reorganisation through property law and possibly even implemented technically. Extensive construction activities are often conducted within the standard proceedings. Introduction | 05 A simplified proceeding (Land Consolidation Act, sec. 86) is the normal proceeding’s “little brother”. Conceivable areas of application are many, however the objectives are not as comprehensive as those in the normal proceeding, and so a few simplifications 95 111 apply. Possible areas of application are land reorganisational implementation of nature- and environmental-protection measures or the elimination of drawbacks for general land improvement. For instance these can arise through the production, mod - ification, or removal of infrastructure systems. In many cases other responsible bodies’ activities are accompanied in the land reorganisational sense. Simplified proceedings 3 are differentiated from special operations in that no expropriations are possible to 25 implement the measures. 70 The use of so-called “enterprise land consolidations” or “special operations” (Land Consolidation Act, sec. 87) has increased in recent years (see diagram). This type of sec. 1 sec. 86 sec. 87 sec. 91 sec. 103 a ff. proceeding is selected in connection with space-intensive projects of public