Land consolidation Dolle BAB A14

PUBLIC ANNOUNCEMENT

Dolle BAB A14 land consolidation
Provisional order pursuant to Section 36 of the Land Consolidation Act (FlurbG)

in the version published on March 16, 1976 (BGBl. I page 546), last amended by Article 17 of the Act of December 19, 2008 (BGBl. I page 2794))

I. Arrangement

1. The owners and beneficiaries of the properties affected by the premature expansion of the communal facilities listed below will be deprived of possession and use of the affected areas for the purpose of expanding these facilities from December 8, 2025.
2. The following annexes are included in the path and watercourse plan with accompanying landscape conservation plan approved on 15.12.2023 in accordance with Section 41 (4) FlurbG:
   Farm roads: W01, W04, W05, W12, W13
   The exact course of the paths for the development of which the land in question is used in whole or in part is shown in color on the maps (1 to 5), which are an integral part of this order.
3. The community of participants in the Dolle BAB A14 land consolidation will be assigned ownership of this land at the same time.
4. The following parcels are affected by this provisional order:
   

District	Corridor	Parcel
W01
Cröchern	1 4	180/47, 195/49, 197/48 174, 177, 178, 181, 182, 185/1, 189, 190, 193, 194, 197
W13
Cröchern	1	60, 70/1, 72/1, 74/1, 76
W04
Cröchern	2	496
W05
Burgstall Burgstall	5 6	211/33 32/1
W12
Dolle	2	26

II Compensation

Compensation for temporary disadvantages can only be granted in cases of hardship upon application.
Insofar as the community of participants has land from the waiver of land compensation in accordance with § 52 FlurbG, replacement land can be made available upon application in cases of particular hardship.

III Order of immediate execution

The immediate execution of this administrative act pursuant to Section 80 (2) sentence 1 no. 4 of the German Code of Administrative Court Procedure (VwGO) in the version dated 19.03.1991 (Federal Law Gazette I p. 686), last amended by Article 5 of the Act dated 24.10.2024 (Federal Law Gazette 2024 I no. 328), is ordered with the consequence that legal remedies against it have no suspensive effect.

IV. Notes

The maps and a copy of this order are now available for one month at
– der Verbandsgemeinde Elbe-Heide, Magdeburger Str. 40, 39326 Rogätz
and at
– Amt für Landwirtschaft, Flurneuordnung und Forsten (ALFF) Mitte, Außenstelle Wanzleben, Ritterstraße 17-19, 39164 Stadt Wanzleben – Börde, Raum A 2.11 (Mr. Megel, Tel.: 039209203-479)
during the respective office hours for inspection by the parties involved.
The provisional order and the associated maps can also be viewed on the Internet at https://alff.sachsen-anhalt.de/alff-mitte/flurneuordnung/landkreis-boerde/flurb-bk7004.

Justification

Facts:
The land consolidation procedure was ordered by decision of the Saxony-Anhalt State Administrative Office on 06.06.2012. The order has been declared immediately enforceable.
The road and watercourse plan with accompanying landscape conservation plan, which was drawn up in consultation with the board of the community of participants and discussed with the public agencies and the professional agricultural representatives, was approved by the land consolidation authority on 15.12.2023.
The board was informed of the planned regulations.

Reasons
2.1 Formal reasons
The administrative act is issued by the Office for Agriculture, Land Consolidation and Forestry (ALFF) Mitte, Wanzleben branch office, as the competent land consolidation authority.
The legal basis for issuing the provisional order is Section 36 of the Land Consolidation Act (FlurbG) in the version published on 16.03.1976 (BGBl. I page 546), last amended by Article 17 of the Act of 19.12.2008 (BGBl. I page 2794).
The board of directors has been heard.
The formal grounds for issuing this order have been met.

2.2 Material reasons
In order to achieve the objectives of the land consolidation and to prepare for the implementation of the land consolidation plan, it is necessary to develop or construct some of the common facilities (paths, watercourses and land conservation facilities) in advance. The main purpose of the development is to ensure that the new plots of land can be reached immediately after the transfer of ownership without having to use the plots of land of other parties involved and that the effects of the facilities can unfold at an early stage.
Given the current topographical conditions, the marking and surveying of the final boundaries of the communal and public facilities is only economically feasible if the facilities have been developed in advance. These form the framework of the block areas remaining for the participants’ land compensation. The planning requirements for the timely progress of the procedure underline the urgency of the expansion measures.
The appropriate use of the public funds made available for the financial year presupposes that the measures are completed on schedule and on time.
The discretionary decision as to when a temporary disadvantage is to be compensated as a case of hardship has been made after hearing the board of the community of participants as under II. When deciding on individual applications, the ALFF Mitte takes into account the operational circumstances of those affected, weighing them up against the interests of the community of participants.
The material reasons for issuing this order are present.
The immediate enforcement of this order is in the overriding interest of the parties involved in the proceedings, as the early expansion of the communal facilities serves to improve and speed up access to the new plots of land and thus makes it considerably easier to manage them.
However, immediate enforcement is also in the public interest, as the general public is keen to achieve the objectives of the procedure as soon as possible in order to improve the competitiveness of agricultural businesses and because of the considerable public funds invested in the land readjustment.
The requirements of Section 80 (2) sentence 1 no. 4 of the VwGO are therefore met.

Information on legal remedies

An objection to this order may be lodged within one month of the first day of notification.
The objection must be lodged in writing or for the record with the

Central Office for Agriculture, Land Consolidation and Forestry, Wanzleben branch office
Ritterstraße 17-19, 39164 Stadt Wanzleben-Börde

or at the

Amt für Landwirtschaft, Flurneuordnung und Forsten Mitte,
Große Ringstraße 52, 38820 Halberstadt

If the objection is submitted in writing, the objection deadline is only met if the objection is received by one of the ALFF Mitte offices listed above before the deadline expires.

On behalf

gez. Carsten Wiesner (DS)

Data protection information
Due to the legal mandate under the Land Consolidation Act, personal data is processed in the present land consolidation procedure in accordance with the General Data Protection Regulation (GDPR). The data protection information can be viewed on the Internet at: www.lsaurl.de/alffmittedsgvo or can be obtained from the ALFF Mitte.

Maps for download as PDF: