Land consolidation decision
With the land consolidation decision , the upper land consolidation authority orders a land consolidation procedure . It is an administrative act towards those involved in the proceedings.
requirements
The property owners who are likely to be involved are to be informed about the planned land consolidation procedure, including the likely costs. The objective interests of those involved must be given. The land consolidation must be in the economic interests of the participants (private benefit of the land consolidation).
The order is made ex officio at the due discretion.
The public interest bodies (TöB) have a right to be heard and should be informed about the procedure in advance.
content
The spatial delimitation must be made clear in the land consolidation decision. Either through an enumeration of parcel numbers or parcel groups ( district , corridor, etc.) or through a clear representation on a map. Only entire parcels can be included in the procedure. In the decisive part of the land consolidation decision, the name and seat of the community of participants must be determined. The request to register unknown rights and the provisions on changes of use can also be included. The land consolidation resolution must be justified and provided with information on legal remedies .
Notice
The crucial part of the decision is to be made public. The decision with justification is to be displayed for inspection for those involved in the communities in which the properties involved are located and, if necessary, in the neighboring communities for two weeks after publication.
Change of the procedural area
The land consolidation authority can order minor changes. The order does not have to be made public; a notification to the property owner concerned is sufficient. In the event of significant changes, the formal procedural steps must be carried out as with the land consolidation decision.
