Implementation order pursuant to Section 61 of the Land Consolidation Act

PUBLIC ANNOUNCEMENT

Hägebach/Landgraben land consolidation
Implementation order
in accordance with Section 61 of the Land Consolidation Act

I. Arrangement

1. With effect from 01.10.2025, the execution of the land consolidation plan amended by addenda 1, 2 and 3 in the Hägebach/Landgraben land consolidation procedure is ordered.
2. The temporary restrictions on ownership established in accordance with §§ 34 and 85 No. 5 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) are lifted.

II. Notes

The execution of the land consolidation plan has the following legal effects:

1. The compensation of each participant legally replaces their old properties and rights. The new participants listed in the land consolidation plan become the owners of the plots of land designated for them.
2. Rights and obligations that are superseded or canceled by the land consolidation plan expire; new rights and obligations established in the land consolidation plan arise. The public and private-law burdens of the old properties are transferred to the new properties, insofar as they are not canceled or redeemed.
3. The regulation of public legal relationships made in the land consolidation plan becomes effective.
4. With this implementation order, the legal effects of the “provisional transfer of possession” of 17.11.2017 (§ 66 FlurbG) and the “provisional transfer of possession no. 2” of 05.11.2018 end.
5. Applications for the participation of usufructuaries in the contributions payable by the owner, for an increase or reduction in the rent or for the regulation of the lease (§§ 69 and 70 FlurbG) must be submitted to the Amt für Landwirtschaft, Flurneuordnung, und Forsten (ALFF) Mitte in accordance with § 71 FlurbG no later than three months after the issue of this order, unless the parties involved can reach an agreement.
   

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 (BGBl. I p. 686), last amended by Article 1 of the Act dated 14.03.2023 (BGBl. No. 71), is ordered with the consequence that appeals against it have no suspensive effect.

Justification

1. Facts:
   The land consolidation plan was announced to the participants in accordance with Section 59 (1) FlurbG.
   The objections to the land consolidation plan raised at the hearing on 19.10.2023 were remedied by Addendum 1.
   The objections to Addendum 1 raised at the hearing on 18.12.2024 were remedied by Addendum 2.
   The land consolidation plan is incontestable.
2. Reasons
   2.1 Formal reasons
   This order is issued by the Amt für Landwirtschaft, Flurneuordnung und Forsten Mitte as the competent land consolidation authority (Section 3 (1) FlurbG).
   The legal basis is Section 61 FlurbG.
   The formal requirements of Section 61 FlurbG for the implementation order have been met.
   2.2 Material reasons
   With this order and the specified effective date, the claims to the development of the planned facilities, monetary payments, reimbursements and lease arrangements arise, but above all all rights are transferred. Legal dispositions will be made over the new properties from the aforementioned date.
   The material requirements of § 61 FlurbG for the implementation order are met.
   The immediate enforcement of this order is in the overriding interest of the parties involved in the proceedings. The suspensive effect of the legal remedy would have the effect of making it considerably more difficult to dispose of the land. In this case, the participants would still have to dispose of the legally still existing old properties when selling or encumbering 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 land consolidation.
   The requirements of Section 80 (2) sentence 1 no. 4 of the VwGO are therefore met.

Information on legal remedies

An objection to this implementation order may be lodged within one month of the first day of notification.

The objection must be submitted in writing or for recording at the Amt für Landwirtschaft, Flurneuordnung und Forsten Mitte, Außenstelle Wanzleben, 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.
The deadline can also be met by lodging an objection with the State Administration Office, Ernst-Kamieth-Straße 2, 06112 Halle.
Appeals against this execution order have no suspensive effect due to the order of immediate execution.
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. 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.