Guiding Principles:
Land Tenure in Development Cooperation

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Orientierungsrahmen:
Bodenrecht und Bodenordnung

Deutsche Gesellschaft
für Technische Zusammenarbeit
Abt. 45 / Div. 45

 

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

11.3.2 Land consolidation for large-scale infrastructure

The procedure for land consolidation for large-scale infrastructure serves the special purpose of cushioning the impacts on landowners of an impending expropriation: The land lost as a result of major construction project is taken from a large number of landowners. This type of land consolidation procedure is also designed to prevent or reduce the negative impacts on agriculture in general. This means avoiding or reducing the fragmentation of existing, historically organic road networks and parcel structures, and negative impacts on the ecosystem or landscape.

For this procedure to be instituted, rural land needs to be expropriated on a large scale (> 5 ha). The expropriation must be permissible pursuant to the legalization pertaining to the project. The expropriation authority must submit an application for the procedure.

The project in question must provide compensation for the expropriated land, and pay the share of the execution costs entailed.

There are also several other important special provisions in force to protect and ensure commensurate compensation of landowners, and to protect the interests of the project executing agency. Ownership and rights of use for the land required for construction can, for instance, be transferred to the project executing agency at the outset of the measure.