Community of participants
In a land consolidation procedure in accordance with the Land Consolidation Act (FlurbG) and in a land consolidation procedure in accordance with the Agricultural Adaptation Act (LwAnpG), the owners of real estate as well as the leaseholders and building owners who are equal to the owners are the participants in the procedure and form the community of participants (TG) . It is created with the land consolidation decision , is a corporation under public law and is under the supervision of the land consolidation authority . The TG expires when its tasks are declared completed in the final assessment .
Organs of the TG
Participant meeting
The board of directors should hold a meeting of participants at least once a year to explain the current status of the process and to give the participants the opportunity to ask questions to the board. The participants' meeting has the following rights:
- Election of the board
- Removal of members of the board of directors or their deputies by new election
- request information from the board
- take a position on questions instead of the board
- Resolve statutes on the affairs of the TG (e.g. electoral procedure)
Board of the TG
The board of directors manages the business of the TG and is the central decision-making body in a land consolidation process. It consists of several honorary members, the number of which is determined by the land consolidation authority. A deputy is elected or appointed for each board member .
Election of the board
As soon as possible after the legal force of the land consolidation decision, the land consolidation authority invites participants by giving notice to the election date. The election of the board of directors is led by the land consolidation authority. Any natural person who has unlimited legal capacity is eligible . Participants present are entitled to vote with one vote each. Joint owners count as one participant.
chairman of the board
The board elects the chairman and the deputy from among its members. The chairman executes the board resolutions and represents the TG in and out of court.
Tasks of the TG
The TG takes care of the common affairs of the participants. These are in particular:
- Manufacture and maintenance of communal facilities
- Contribution of personal contribution
- Determination of the contributions to be made in the procedure
Through state-specific regulations, the TG can be assigned further state tasks.
Association of participating communities
Several communities of participants can join together to form an association and several associations to form an overall association. Most of the elected board members of the individual participant communities do not have the technical qualifications and the time to carry out tasks such as road and path construction , bookkeeping , tenders according to VOB , etc. In accordance with its statutes, the association replaces the TG and takes on a large part of its tasks. The association is financed by contributions from its members.
Associations of the participating communities in Germany
Bavaria
LLE Bavaria (superordinate regional association), VLE Middle Franconia, VLE Lower Bavaria, VLE Upper Bavaria, VLE Upper Franconia, VLE Upper Palatinate, VLE Swabia, VLE Lower Franconia,
Baden-Württemberg
Association of Participating Communities Baden-Württemberg
Brandenburg
Association for Land Development and Land Reorganization Brandenburg
Lower Saxony
VTG Braunschweig, VTG Bremerhaven, VTG Emsland, VTG Grafschaft Bentheim, VTG Hanover, VTG Lüneburg, VTG Oldenburg, VTG Osnabrück, VTG Ostfriesland, VTG South Lower Saxony, VTG Sulingen, VTG Verden
North Rhine-Westphalia
VTG Cologne, VTG Mönchengladbach
Rhineland-Palatinate
VTG Rhineland-Palatinate
Saxony
VLN Saxony
Saxony-Anhalt
VTG Saxony-Anhalt
Thuringia
VLF Thuringia
Country-specific features
Saxony
Basis: Act for the implementation of the Land Consolidation Act (AGFlurbG)
The chairman of the board of directors of the TG and his deputy are determined by the land consolidation authority. The board of directors must approve the appointment.
Only those who meet the requirements for appointment to the office of honorary judge within the meaning of Section 9 of the Act on Examining Admission to Law, Notary Appointments and Appointments of Honorary Judges can be elected as a board member .
The legislature has given the TG additional tasks and powers, above all the redesign of the procedural area and:
- the preparation and execution of the plan for the communal and public facilities (plan according to § 41 FlurbG)
- the appraisal
- the desired date
- the preparation and execution of the land consolidation plan
- Decisions related to contributions
Brandenburg
Basis: Law on rural development in Brandenburg and for the implementation of the Land Consolidation Act and the Agriculture Adaptation Act (BbgLEG)
In Brandenburg, the BbgLEG has essentially assigned the community of participants to the tasks of the (lower) land consolidation authority. It is subject to the legal and technical supervision of the upper land consolidation authority (State Office for Consumer Protection, Agriculture and Land consolidation). The tasks and powers according to Sections 43, 52 (3) sentence 2, Sections 61 to 66, 79 to 83, 85 No. 5 and 6, Section 86 (2) No. 1, and Section 88 are excluded from the transfer No. 3, 5 to 8 and Section 89 (2) of the Land Consolidation Act.
In order to be able to carry out these tasks, the upper land reorganization authority appoints a suitable employee of the higher or higher service who is responsible as a member of the board for technical and legal questions of land management (member of the board of directors) until the end of the procedure in accordance with Section 149 (3) of the Land Consolidation Act is. The specialist board member is the permanent representative of the chairman of the board.
The community of participants has to redesign the procedural area in accordance with Section 2 (1) of the Land Consolidation Act, in particular to draw up the land consolidation plan and conduct all negotiations necessary for this, as well as to take the measures necessary for the implementation of the land consolidation plan (Sections 37 to 90 of the Land Consolidation Act) ). Within the framework of the assigned tasks and powers, the community of participants has the procedural position of the land consolidation authority within the meaning of the Land Consolidation Act. The community of participants makes use of the assigned tasks of the Association for Land Development and Land Reorganization Brandenburg -vlf- (Association of Participating Communities), unless the upper land consolidation authority determines otherwise with the consent of the highest land consolidation authority. In return, 44 employees in the state have taken on new jobs at vlf.