Zusammenfassung
Summary
In the Federal Republic of Germany a »Simplified Land Consolidation Procedure for Purposes of Land Development« may be initiated to render possible or to carry out land development measures, especially measures to improve the agrarian structure, settlement measures, measures concerning the renewal of rural settlements, urban development, environmental protection, ecological water engineering, nature protection and landscape conservation or measures reshaping the external appearance of the village or the natural scenery, and to resolve conflicting interests concerning the use of land (Section 86 (1), Paragraphs 1 and 3 of the Land Consolidation Act). Land consolidation is a constitutional instrument in order to implement these tasks and serves as a bridge between individual freedom rights and interests of common good by the use of real estate property. Statutory land readjustment procedures create the legal prerequisites for sustainable land use and the solution of land use conflicts. The article illustrates the current discussion of implementation of the simplified land consolidation procedure by analyzing the large natural protection project »Bienwald« and the corresponding case-law.