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

Appendix 6: Procedural principles pursuant to the German Land Consolidation Act

1. Types of procedures

The Land Consolidation Act provides for a number of different procedures. The choice of procedure depends on the original situation within the project area, and on agricultural, forestry, infrastructure and environmental and conservation requirements. Procedures pursuant to the Land Consolidation Act can be roughly classified into three groups:

1.1 Procedures for a comprehensive reorganization for rural areas

Procedures of this type include global measures in the areas of agriculture, forestry, improvement of village sites, local and regional infrastructure, water resource management, environmental protection, nature conservation and landscape conservation. The basic planning tool in this connection is the so-called road and water system plan, with supporting landscape conservation plan. The average size of the consolidation areas ranges from ca. 2,000 to 4,000 hectares, and such projects can be expected to last between 10 to 15 years, as a result of the large size of the areas concerned and the complexity of the required measures.

1.2 Procedures for solving small-scale conflicts of interest

This group of procedures includes accelerated regrouping of parcels. It is applied when a new network of roads and waterways is not required. Voluntary exchange of land, a rapid and simple land reorganization procedures, falls within the same category. In the voluntary land exchange procedure, landowners agree on an exchange of land, with the assistance of the land consolidation authority. The voluntary land exchange procedures is suitable for small areas with few landowners.

Accelerated regrouping of parcels and voluntary exchange of land can also employed to carry out nature and landscape conversation measures. Both procedures have proven useful, for example, as a means of restoring farmed portions of conservation areas to a natural state by assigning to the affected farms "normally" utilizable substitute fields outside of the conservation areas.

1.3 Procedures accompanying major infrastructure and environmental protection projects

This group of procedures is used to support major environmental protection projects or to repair agrarian structure damage caused by infrastructure projects. The procedure known as land consolidation for large-scale projects has a special function in such cases. It is initiated when rural land must be appropriated for a major infrastructure project (construction of canals, motorways, dump sites for waste, etc.) Land consolidation for large-scale projects effectively helps prevent compulsory acquisition (expropriation). Land consolidation in such cases is intended to evenly apportion the loss of land among a larger number of owners and - to prevent disadvantages that the project may cause for the structure of the area in question. It is thus to the advantage of both the land owners and the developer carrying out the infrastructure project. It helps to:

• ensure careful treatment of privately owned land;
• efficiently provide the land required for the project;
• minimize the impact of large-scale construction projects on the agrarian and landscape structure.

Special procedures, such as consolidation of vineyards, consolidation of wooded areas and land consolidation in connection with municipal construction, are carried out according to the same principles.

Features common to all procedures include:

• they are managed by authorities;
• they are carried out within precisely defined areas;
• they permit intensive participation of affected land owners;
• communities and their citizens and of authorities and organizations.

2. Steps in the procedure

Regardless of whatever possibilities exist for simplifying or accelerating a land consolidation procedure, the normal sequence of such a procedure includes the following basic steps:

Preparation of the procedure

• selection of the type of procedure;
• coordination with other planning authorities and bodies;
• procurement of the necessary to the affected citizens;
• notification and hearing of public agencies and organizations.

Formal directive for the procedure

• formation of the body of participants;
• election of the board of the body of participants (represents the interests of the land owners).

Inventory

• surveys within the consolidation area with regard to settlement, natural areas, landscape, water resource management, infrastructure, etc.;
• identification of land owners and of land rights pursuant to the land register (legitimization);
• determination of cadastre data (size of the parcels concerned);
• assessment of value of old parcels;
• documentation of the area and value of each participant's included.

Planning and realization of reorganization measures (road construction, water body construction, landscape management)

• preparation of general principles for reorganization within the procedure area (general concept);
• preparation of a plan for work on common and public facilities (road and water body plan with a supporting landscape management plan);
• consultation on the plan with public agencies;
• official approval of the project (legal force);
• realization (construction) of the facilities.

Land reorganization, reorganization of property

• surveying of the new facilities (area boundary, roads, waternresources, hedges etc.);
• hearing of the land owners' wishes for a reorganization of parcels;
• preparation of the land consolidation plan in accordance with the principle of compensation with land of equal value (regulation of the organization of new parcels, of the landowners' own contribution, of the legal relationships governing the new parcels and of maintenance of the new facilities);
• marking the boundaries of the new parcels at the site;
• possibly, objections of land owners and decisions concerning these objections;
• directive for carrying out the land consolidation plan (legal force).

Finalwork

• correction of public records (land register, cadastre, etc.);
• final approval.