Land consolidation procedure OU Wedringen B71n in the district of Börde
Wanzleben, 28.05.2024
Amt für Landwirtschaft, Flurneuordnung und Forsten Mitte,
Wanzleben branch office
AZ: 611B5.01 – 27BK7.008
Land consolidation procedure OU Wedringen B71n in the district of Börde, Verf.-Nr.: 27BK7.008
Provisional Order No. 8
In accordance with § 88 No. 3 in conjunction with. § Section 36 para. 1 Flurbereinigungsgesetz (FlurbG) in the version published on March 16, 1976 (BGBl. I p. 546 ff.), last amended by the law of December 19, 2008 (BGBL. I p. 2794), the following provisional order is issued.
1. deprivation of possession
To provide land for the new construction of the B71n Wedringen bypass (file no. of the Saxony-Anhalt State Administration Office: 308.6.1-31027-F6.13), the following is ordered at the request of the competent authority in favor of the Federal Republic of Germany (Federal Roads Administration), represented by the Saxony-Anhalt Regional Road Construction Authority (LSBB RB Mitte):
1.1 The parties involved (owners, lessees and other entitled persons) are entitled to the
01.10.2024, 0:00 a.m.
The ownership and use of the parcels of land/plot areas listed in Annex 1 is withdrawn. The areas affected by the withdrawal of tenure are shown in the map, Annex 2.
1.2 The Federal Republic of Germany (Federal Roads Administration), represented by the Road Construction Authority of the State of Saxony – Anhalt Regional Area Central (LSBB RB Mitte), is hereby authorized, with effect from
01.10.2024, 0:00 a.m.
for the above-mentioned purpose in possession of the land withdrawn in accordance with No. 1.1.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 exact location and extent of the land use are shown on the attached overview map (Annex 2), which forms part of this provisional order. The required areas are marked by wooden stakes in the area.
2. determination of compensation for significant land components, compensation for growth and use, damage caused by annexation and intersection and basic income support (EGS)
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 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 LSBB RB Mitte must ensure that its measures do not interrupt the use of the areas remaining for the parties involved. To this end, LSBB RB Mitte must keep the existing paths in a passable condition and open for agricultural traffic and, if necessary, create new access and exit routes.
4.3 LSBB RB Mitte must ensure proper irrigation and drainage on the allocated areas so that the neighboring areas are not impaired.
4.4 The areas only temporarily allocated to LSBB RB Mitte that are used for the installation of construction site equipment and the depositing of construction materials must be recultivated or restored before being returned.
4.5 Unnecessary obstructions and impairments to the cultivation of the remaining sub-areas must be avoided.
Justification:
to 1.
With its decision of 01.08.2016, the State Administrative Office ordered the land consolidation procedure “OU Wedringen B71n”, procedure number 27BK7.008 in the district of Börde with immediate execution.
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 B71 Wedringen bypass to a larger group of owners and avoiding the disadvantages for the general land culture resulting from the undertaking.
In a letter dated February 8, 2024, the LSBB RB Mitte applied to the Office for Agriculture, Land Consolidation and Forestry Mitte, Wanzleben branch office, for the issuance of a provisional order in accordance with § 88 No. 3 FlurbG in conjunction with § 36 FlurbG.
An effective legal planning basis is also required. The building permit is based on the planning approval decision of the Saxony-Anhalt State Administration Office dated 19.04.2016 (Ref.: 308.6.1-31027-F6.23). This decision forms the legal planning basis for the provisional order.
The board of the community of participants in the procedure was informed and consulted on this measure at the board meeting on 12.02.2024.
Since the requirements for the issuance of a preliminary injunction are met, the application must be granted. The company responsible, LSBB RB Mitte, intends to start construction work from 01.10.2024. There are therefore urgent reasons to rule out postponing the ordered construction measure until the land consolidation plan has been implemented.
Since the requirements for the issuance of a preliminary injunction are met, the application must be granted. The company responsible, LSBB RB Mitte, intends to start construction work from 01.10.2024. There are therefore urgent reasons to rule out postponing the ordered construction measure until the land consolidation plan has been implemented.
to 2:
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.
to 3:
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 bypass is intended to create an efficient traffic connection that will be able to cope with the growing volume of traffic in the long term. Work on the bypass began in 2016.
There is therefore a particular public interest in the new construction of the B71 Wedringen bypass and the accompanying cycle path. 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).
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 parcel register for land withdrawal and the ownership regulation maps of this provisional order are also available for personal inspection by the parties involved at the branch office of the Office for Agriculture, Land Consolidation and Forestry Mitte, 39164 Wanzleben, Ritterstraße 17-19, during office hours two weeks after the announcement.
Legal remedies:
An appeal against this provisional order may be lodged within one month of notification. The objection must be lodged with the Amt für Landwirtschaft, Flurneuordnung und Forsten Mitte, Außenstelle Wanzleben, Ritterstraße 17-19, 39164 Wanzleben – Börde, or with the Amt für Landwirtschaft, Flurneuordnung und Forsten Mitte, Große Ringstraße 52, 38820 Halberstadt, or with the Landesverwaltungsamt Sachsen-Anhalt, 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
gez.
(DS)
André Stapel
Attachments:
- List of parcels for land withdrawal
- Overview map
This order is available at the Amt für Landwirtschaft, Flurneuordnung und Forsten Mitte, Ritterstraße 17-19, 39164 Wanzleben; also in the town of Haldensleben, town hall, Markt 20-22, 39340 Haldensleben, in the municipality of Nieder Börde, OT Groß Ammensleben, Große Straße 9-10, 39326 Niedere Börde, in the municipality of Elbe-Heide, in the administrative buildings in 39326 Colbitz, Teichstraße 1 and in 39326 Rogätz, Magdeburger Straße 40, in the municipality of Flechtingen, in the citizens’ office, Lindenplatz 11-15, 39345 Flechtingen, in the Hanseatic town of Gardelegen, administrative building of the Hanseatic town of Gardelegen, Rudolf-Breitscheid- Straße 3, 39638 Gardelegen, in the unified municipality of Tangerhütte, Bismarckstraße 5, 39517 Tangerhütte, in the town administration of Burg, in the old barracks 2, 2nd floor, 39288 Burg. Obergeschoss, 39288 Burg, in the town of Wolmirstedt, in the town hall, August-Bebel-Str. 25, 39326 Wolmirstedt, in the municipality of Barleben, municipal administration, Ernst-Thälmann-Straße 22, 39179 Barleben and in the municipality of Hohe Börde, OT Irxleben, Bördestraße 8, 39167 Hohe Börde for 14 days for inspection by the parties involved.
The documents can be viewed on the Internet at https://alff.sachsen-anhalt.de/alff-mitte/flurneuordnung/landkreis-boerde/flurb-bk7008.