Office for Agriculture, Wanzleben, 03.07.2023
Flurneuordnung und Forsten Mitte,
Außenstelle Wanzleben
Ritterstraße 17-19
39164 Stadt Wanzleben/ Börde
AZ: 14-611B5.01 – 27BK7010
– Public announcement –
Land consolidation procedure BAB 14 Samswegen/ Groß Ammensleben, in the district of Börde, Verf.-No.: 27 BK 7010
Provisional Order No. 2
In accordance with § 88 No. 3 in conjunction with. § Section 36 para. 1 Land Consolidation Act (FlurbG) in the currently valid version, the following provisional order is issued.
1. deprivation of possession
At the request of the competent authority, the following is ordered in favor of the Federal Republic of Germany, represented by DEGES Deutsche Einheit Fernstraßenplanungs- und -bau GmbH, for the provision of land for the execution of the construction measures for the new construction of the BAB 14, VKE 415/1 (1.1) subsection AS Dahlenwarsleben to AS Wolmirstedt:
1.1. The parties involved (owners, leaseholders and other beneficiaries) are entitled to the
01.10.2023
the possession and use of the parcels/plot areas listed in Annex 1. The areas affected by the withdrawal of tenure are shown in the map, Annex 2.
1.2. The Federal Republic of Germany, represented by DEGES Deutsche Einheit Fernstraßenplanungs- und -bau GmbH, is authorized, with effect from
01.10.2023
for the above-mentioned purpose in possession of the land withdrawn in accordance with No. 1.1.
1.3. The end of this withdrawal of possession and use will be announced in a separate notice.
The affected parcels and the extent of the land use are shown in the attached list of parcels (Annex 1). The overview map of the ownership regulation (Annex 2) and the list of parcels are an integral part of this provisional order. Precise detailed maps of the ownership regulation can be inspected during the public exhibition.
2. determination of compensation for significant land components, compensation for growth and use, damage caused by cutting and cutting through and payment claims
The type and amount of compensation for the disadvantages suffered by the parties involved as a result of this provisional order shall be determined in a separate decision. Compensation can be determined in the form of replacement areas and/or in cash in accordance with § 88 No. 3 FlurbG. Claims for monetary compensation only arise to the extent that the disadvantages incurred are not compensated for by the provision of replacement areas.
Compensation for damage caused by cutting and cutting through is only awarded on application.
3. immediate execution
The immediate enforcement of this provisional order is ordered in the public interest pursuant to Section 80 para. 2 No. 4 of the German Code of Administrative Court Procedure (VwGO), with the consequence that appeals against this order have no suspensive effect.
4. requirements for the company owner
The allocation of the areas listed in the ownership regulation maps and the parcel register of the required area (Annex 1) is subject to the following conditions in accordance with § 88 No. 3 sentence 2 FlurbG:
4.1. All necessary safety precautions must be taken during the construction period.
4.2. DEGES Deutsche Einheit Fernstraßenplanungs- und -bau GmbH must ensure that its measures do not interrupt the use of the areas remaining for the parties involved. To this end, DEGES Deutsche Einheit Fernstraßenplanungs- und -bau GmbH must keep the existing roads in a passable condition and open for agricultural traffic and, if necessary, create new access and exit roads.
4.3. DEGES Deutsche Einheit Fernstraßenplanungs- und -bau GmbH must ensure proper irrigation and drainage on the allocated areas so that the neighboring areas are not affected.
4.4. The areas temporarily allocated to DEGES Deutsche Einheit Fernstraßenplanungs- und -bau GmbH that are used for the installation of construction site facilities and for depositing construction materials must be recultivated or restored before they are returned.
4.5. Unnecessary obstructions and impairments to the cultivation of the remaining areas must be avoided.
Justification:
re 2. provisional order – deprivation of possession
With the amendment decision of 01.07.2021, the State Administrative Office ordered the land consolidation procedure “BAB 14 Samswegen/ Groß Ammensleben”, procedure number 27 BK 7010 in the district of Börde with immediate execution.
This decision is final.
The aforementioned land consolidation procedure is a corporate land consolidation procedure with the aim of distributing the loss of land resulting from the construction of the new A14 motorway in the districts of Samswegen, Groß Ammensleben, Dahlenwarsleben, Meitzendorf, Klein Ammensleben, Jersleben, Mose and Wolmirstedt among a larger group of owners and avoiding the disadvantages for general land cultivation resulting from the project.
In a letter dated 12.05.2023, DEGES Deutsche Einheit Fernstraßenplanungs- und -bau GmbH applied to the Office for Agriculture, Land Consolidation and Forestry Central, Wanzleben branch, for a provisional order in accordance with Section 88 No. 3 FlurbG in conjunction with Section 36 FlurbG.
In addition, an effective planning law basis is required. The right to build is based on the planning approval decision of the Saxony-Anhalt State Administration Office dated 14.10.2020 (Ref.: 308.2.2-31027-F1.11). This decision forms the legal planning basis for the provisional order.
Since the requirements for the issuance of a preliminary injunction are met, the application must be granted.
The areas to be arranged are areas for further archaeological investigations, for the search for explosive ordnance, for necessary line modification measures and areas for species protection avoidance measures. These areas will be required for the construction of the BAB 14 after completion of the aforementioned work or will be returned to the owner after completion of the line modification measures (areas of the temporary 50 Hertz lines).
The company responsible, DEGES Deutsche Einheit Fernstraßenplanungs- und -bau GmbH, intends to start construction work and the associated earthworks in 2023 or 2024.
The prerequisites for this are the search for explosive ordnance (from 01.10.2023) and the archaeological investigations (from 01.10.2023).
There are therefore urgent reasons to rule out postponing the ordered construction measure until the land consolidation plan has been implemented.
Re 2: Provisional order – determination of compensation
The determination of the compensation is subject to a separate decision. The interests of the owners are also not opposed to this, as this order does not affect the validity of existing lease agreements and the owners are still entitled to rent payments.
Re 3: Immediate execution
The requirements for ordering the immediate enforcement of this provisional order are set out in Section 80 para. 2 No. 4 of the German Code of Administrative Court Procedure (VwGO).
The construction of the new extension to the A14 federal highway is intended to create an efficient transport link that will be able to cope with the growing volume of traffic in the long term. The BAB 14 represents a network extension to complete the federal trunk road network. In future, the BAB 14 will not only function as a large-scale road link between the central towns of Magdeburg, Stendal, Wittenberge, Ludwigslust and Schwerin, but will also relieve the traffic volume on other federal highways.
The provision of the areas ordered is the direct prerequisite for the rapid implementation of the construction measures for the northern extension of the BAB 14. In addition, considerable public funds are flowing into the construction.
There is therefore a particular public interest in the new construction of the BAB 14 VKE 415/1 (1.1) section from the Dahlenwarsleben junction to the Wolmirstedt junction. The immediate enforcement of this preliminary injunction is therefore permissible pursuant to Section 80 para. 2 No. 4 of the German Code of Administrative Court Procedure (VwGO).
For the reasons stated, the provisional order, including the order for immediate enforcement, is lawful and appropriate.
5. notes
No decisions relevant to ownership are made by this provisional order. The existing leases are not affected by this arrangement. The necessary ownership regulations are made later in the land consolidation plan.
In this context, reference is made to the difference between ownership and possession. The owner of a property is the person entered in the land register or their heir. The owner has full power of disposal over the property. The owner is the person to whom the owner has granted permission to use and manage the property under a contract (e.g. lease agreement).
The complete documents with the list of parcels for land withdrawal and the detailed ownership regulation maps are available for inspection by the parties involved for two weeks after the announcement.
- in the town hall of Wolmirstedt, August-Bebel-Straße 25, 39326 Wolmirstedt,
- in the municipal administration of the municipality of Niedere Börde, OT Groß Ammensleben, Große Straße 9/10, 39326 Niedere Börde,
- in the municipal administration of Barleben, Ernst-Thälmann-Straße 22, 39179 Barleben,
- in the town hall of Haldensleben, Markt 20-22, 39340 Haldensleben,
- in the municipal administration of the municipality of Hohe Börde, Bördestraße 8, 39167 Hohe Börde OT Irxleben,
- in the New Town Hall of the State Capital Magdeburg, Bei der Hauptwache 4, in the Administration Library, 39104 Magdeburg,
- in the municipality of Möser, Brunnenbreite 7/8, 39291 Möser,
- in the town administration of Burg, In der Alten Kaserne 2, 2nd floor, 39228 Burg,
- in the municipality of Elbe-Heide, administration building in Colbitz, Teichstraße 1
- in Rogätz, Magdeburger Straße 40 in 39326 Rogätz
during office hours.
In addition, this provisional order can also be obtained at the branch office of the Office for Agriculture, Land Consolidation and Forestry Mitte, 39164 Wanzleben, Ritterstraße 17-19,
during office hours.
It may be necessary to contact us/arrange an appointment in advance.
Legal remedies:
Objections to this provisional order may be lodged with the Amt für Landwirtschaft, Flurneuordnung und Forsten Mitte, Große Ringstraße, 38820 Halberstadt or with the Amt für Landwirtschaft, Flurneuordnung und Forsten Mitte, Außenstelle Wanzleben, Ritterstraße 17-19, 39164 Wanzleben within one month of notification.
If the objection is submitted in writing, the deadline is only met if the objection is received by the Amt für Landwirtschaft, Flurneuordnung und Forsten Mitte by the specified deadline.
The objection can also be lodged with the State Administration Office, Ernst – Kamieth – Straße 2, 06112 Halle (Saale).
An application for restoration of the suspensive effect may be made to the Higher Administrative Court of the State of Saxony-Anhalt, Breiter Weg 203 – 206, 39104 Magdeburg, against the order for immediate enforcement.
On behalf
DS
gez. Bernd Weber
Attachments: