National Land Agency BPN - Republic of Indonesia (1995):
International Workshop on the Implementation of Rural Land Consolidation

10.3 Aims and principles of land consolidation

In order to realize these objectives, suitable instruments and concrete measures are needed.

To this end, land consolidation, with a long historical tradition, and the related concept of village renewal as a relatively recent measure, have proven themselves in Germany and in many other Western European countries.

Let me begin with land consolidation.

First, concerning:

10.3.1 Legal basis and organization of land consolidation in Germany

The legal basis for the application and realization of land consolidation includes:

The Federal Land Consolidation Act, in its comprehensively amended version of 1976, adapted in 1994 to modern requirements of rural development, but whose historical roots lie in the 19th century;

The laws and ordinances of the Federal Länder for implementation of the Land Consolidation Act;

The Agriculture Adjustment Act (Landwirtschaftsanpassungsgesetz), which is valid only in the eastern Federal Länder, and which provides special land reorganization instruments for restoration of private property within the agriculture and forestry sector.

The Land Consolidation Act, which is valid for all Germany, sets forth general procedural principles (types and sequences of procedures) for land development (see annex).

By its nature, it is closely related to laws governing property evaluation, surveying and cadastres, the land register, expropriation and taxes.

In addition, it is directly related to the entire field of planning law, which exists within the Federal Republic of Germany's federal system on both the federal and Länder levels. This relationship includes connections to such aspects of planning law as:

• physical planning and state (Land) planning law;
• building law and building regulations;
• laws governing the roadway network;
• water law;
• railway law;
• environmental law;
• forest, forestry and hunting law;
• mining law.

It is the exclusive responsibility of the Länder to carry out tasks required under the Land Consolidation Act.

The Länder have established local land consolidation authorities in order to carry out consolidation projects.

These authorities fulfill a very important function, since the rural communities and their citizens cannot realize the measures of rural development alone.

They need:

• the know-how,
• planning, legal and technical instruments, as well as
• the specialist assistance of a competent administration.

The administrations responsible for land consolidation in Germany have a particularly close relationship to their clientele in rural areas as well as to the sensitive question of property in land.

The body of participants has an important function within land consolidation procedures. This body consists of all land owners and all those with inherited rights to build and maintain buildings on relevant property within the land consolidation area. It is constituted as a legal body when the land consolidation procedure takes effect. Its task is to represent the common interests of the participants.

The body of participants does not have a voice, however, with regard to the reappropriation of the affected property. Such reappropriation is the exclusive responsibility of the land consolidation authority. In addition, every participant represents his own interests.

The body of participants elects a board, and the board elects a chairman. Through the board, the body of participants becomes involved in the planning and construction of the common facilities. In this role, it acts as the "builder" of the projects. In addition, it collects payments from the participants to help pay for the cost of construction.

Although land consolidation is managed by authorities, it is not a compulsory measure! Through the body of participants, the land owners have a decisive say in consolidation measures. The participants' self-administration and own responsibility ensure acceptance of the measures. This is a very important principle!

Another important principle of land consolidation is that

• planning of development measures,
• realization of development measures,
• providing for the maintenance of the new facilities in future,
• the reshaping of property ownership rights,
• the entry of the results of the land consolidation into the public registers (land register, cadastre) are the responsibility of one authority, namely the land consolidation authority, which is supported by the body of participants. This ensures tight coordination and a smooth flow of reorganization projects, from planning to realization.