Reorganisation of Land Holdings
Land Development Toolbox
Agriculture and forestry
Land managers, landowners, residents in Schönbach/Zschetzsch —
together to the goal
Multifunctional lane network secures agricultural land in Peritz
“Kirchberg-Seifersdorf” proceeding —
property on the waste-water pond reregulated
Nature conservation and environmental protection
Callenberg Nord II is a habitat for rare animals and plants
Presseler Heidewald- und Moorgebiet is permanently safeguarded
Molinia meadow in Dresden’s Elbe Valley
Flood protection in Dittersbach
The calming of Ziegengrund Brook in Podelwitz
Expansion of S 177 — Radeberg/Großerkmannsdorf local by-pass
Crossen breaks new ground
Land regulation and land management
Ownership-rights structure reorganized along the Schwarzer Schöps
in Nieder Seifersdorf
Horticultural farms get a new home — Thiendorf gardener settlement
Mitigation of mining consequences
From the lignite strip mine to the “Haselbacher See” recreation area
New space for “wilderness” in the recreational area around Holzweißig
The Free State of Saxony’s rural area is a living, working, and recreational area for us
humans. But it is also a rich habitat for flora and fauna. Our environment has evolved over
many centuries into a cultural landscape representing the most important economic base
for our country’s agricultural and forestry enterprises.
Even after twenty years of German unity, ownership questions arising from the use of
private property on land before the political change remain to be clarified. Actual land use
and the legal protection of property rights often diverge markedly. That can lead to imped-
iments in economic development and hamper the rural real estate market.
Rural plots of land are needed for the realization of a variety of significant projects such
as the construction of roads and flood control systems. These have primarily one thing in
common: they require large areas. These measures permanently remove the affected plots
of land from their previous, mostly agricultural use. The landscape is also chopped up since
projects with extensive area needs are often involved here. That has far-reaching conse-
quences for both agricultural and forestry enterprises as well as for nature. This results in
wide conflicts of interest demanding sensible, acceptable solutions for all involved. Land
consolidation proceedings offer a variety of instruments for how such processes accom-
pany and in particular can be implemented as land-reorganisation regulations. The steps
necessary from the technical side as well as the desires of landowners and of agricultural
and forestry enterprises are taken into consideration during the redesign of rural land
ownership. No other land regulation instrument has access to such a comprehensive rep-
ertoire as reorganisation of land holdings. The ground on which we live is a limited com-
modity. This valuable resource must be protected and preserved for future generations.
The purpose of this brochure is to give an impression of how reorganisation of land hold-
ings can accompany such processes and support community development in very differ-
ent ways. Our thanks goes out to all of the district office employees who are wrestling
with dedication and expertise in their daily work, focused, sometimes with persistence, on
providing solutions to land-reorganisation problems in the communities, and who have
laid the foundation for the creation of this brochure.
I wish you many new insights and suggestions.
President of the State Office of Environment,
Agriculture and Geology
04 | Introduction
Various images are associated with this term: untouched nature on meadows, fields,
and in forests; contented cows and sheep on the pasture; and tractors, which but
seldom disturb the village’s idyllic calm. Others see agricultural operations, massive
livestock breeding, biogas plants, gigantic wind turbines, or monocultures capable of
That Saxony’s rural area is home to almost half of our population is undisputed. More
than a million Saxons live in smaller towns and villages. Village structures are also
present in the metropolitan areas around Dresden, Leipzig, and Chemnitz. Rural area
encompasses more than 80 per cent of Saxony’s land area. It has irreplaceable func-
tions as living, working, and recreation space, and supplies vital food, raw materials,
energy, and drinking water. It is a versatile and indispensable part of Saxon identity.
Reorganisation of land holdings in Saxony
Land reorganisation proceedings for re-regulation of the ownership-rights structure in
rural areas are summarized under the term “reorganisation of land holdings” in Saxony.
These have their legal basis in the Land Consolidation Act (FlurbG) or in section 8 of the
Agricultural Adjustment Act (LwAnpG). Furthermore, land regulation can be conducted
under the Building Code (BauGB). The goal is to develop capable, versatility structured
agriculture and forestry, and to secure and improve rural areas as an attractive location
for working, living, and recreation. Land management and land regulation serve “land
development” and are thus in the area of tension of many different user interests.
The task and goal of land development is to create “living conditions of equal value”. This
is anchored in the basic law. Land development is influenced by long- and short-term
developments at the community, regional, or global level such as demographic develop-
ment in Saxony or the agricultural sector’s dependency on European or global changes.
Rural areas are to be preserved as a working area for agriculture and forestry. Economic
activity is to be encouraged, and regional and local development strengthened. The
natural resources and cultural heritage are to be preserved and developed. These are
Introduction | 05
principles that the federal-state “Sustainable land development” working group has
compiled in the “Guidelines for Land Development — Formulating the Future in Rural
Areas” in the autumn of 2011. Keywords such as competitiveness, structural change;
sustainability; diversification; customized and future-oriented infrastructure; citizen
participation; internal development; tourism; flood, climate, nature, and environmen-
tal protection; biodiversity; eco-account; and material cycle exhibit the diversity of
topics and the area of tension where the land development is involved.
Proceedings under the Land Consolidation Act
The superior land consolidation authorities have arranged 304 land consolidation pro-
ceedings since 1993. The 194,531 hectare area included in the proceedings corresponds
to over ten percent of the land area. Land consolidation proceedings are officially
directed proceedings that are conducted with landowners’ close cooperation. Each
proceeding’s objective may be quite different. Land regulation is common to all of the
proceeding. With its aid, property is rearranged so that use conflicts are eliminated,
plans can be realized, and legal certainty is established on the property. How and in
what time interval this can be achieved depends quite critically on the selection of the
type of proceeding. The various types of proceeding that are possible under the Land
Consolidation Act are introduced briefly below.
The standard or normal proceedings (Land Consolidation Act, secs. 1, 4, and 37) com-
prise the greatest portion both in number and in terms of their share of area. These
proceedings’ objectives are very comprehensive. The original goal of land consolidation
is traditionally the improvement of general conditions for agriculture and forestry.
However general rural development is supported above and beyond this. This can hap-
pen in different ways. The production of a functioning road and water network, the
reduction of soil erosion by wind and water, water-management and flood-control
measures, the establishment of biotopes and their networking, maintenance and devel-
opment of valuable cultural landscapes, and village development projects are just a
few areas whose actions may be supported by land reorganisation through property
law and possibly even implemented technically. Extensive construction activities are
often conducted within the standard proceedings.
Removal of straw bales at Böhlitz
06 | Introduction
A simplified proceeding (Land Consolidation Act, sec. 86) is the normal proceeding’s
“little brother”. Conceivable areas of application are many, however the objectives are
not as comprehensive as those in the normal proceeding, and so a few simplifications
apply. Possible areas of application are land reorganisational implementation of
nature- and environmental-protection measures or the elimination of drawbacks for
general land improvement. For instance these can arise through the production, mod-
ification, or removal of infrastructure systems. In many cases other responsible bodies’
activities are accompanied in the land reorganisational sense. Simplified proceedings
are differentiated from special operations in that no expropriations are possible to
implement the measures.
The use of so-called “enterprise land consolidations” or “special operations” (Land
Consolidation Act, sec. 87) has increased in recent years (see diagram). This type of
proceeding is selected in connection with space-intensive projects of public interest.
These kinds of projects include motorways, railways, and flood control facilities. Large
areas must be regularly provided for these. Parts of these impact owners so severely
that the latter’s economic livelihood is endangered. At the same time existing plot-of-
land structures and road connections are often not taken into consideration. These
conflicts can be minimized or entirely resolved with special operations. So far primarily
road construction activities have made such proceedings necessary in Saxony. They
can only be ordered under certain preconditions. Thus for instance expropriations must
be permissible under the specific law.
Accelerated consolidation processes (Land Consolidation Act, sec. 91) are special, sim-
plified land consolidation proceedings. Their purpose and scope are limited. Rural land
ownership should to be economically consolidated, purposefully organized, or reorgan-
ized to rapidly improve production and working conditions in agriculture and forestry
and to enable the necessary nature conservation or landscape management activities.
They can be applied when the creation of a new lane network and more extensive water
management measures are not required. The reclassification of land should, if possible,
arise from the exchange of entire plots of land. Moreover this process assumes a spe-
cial willingness to co-operate among the affected landowners. The valuations are
undertaken in a simple way; settlements should be agreed upon among the participants
to the extent possible. Exemplary application areas include the consolidation of (spo-
radic) fallow or virgin afforestation areas on suitable sites. This can prevent the nega-
tive consequences of a disorderly leaving of land fallow or afforestation and instead
sec. 103 a ff.
Number of proceedings ordered under FlurbG
up to 31 Dec. 2011
Pending cases under FlurbG, sec. 87 as of 31 Dec. of the year indicated
1995 1998 1999 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
Introduction | 07
achieve positive effects for nature conservation and the natural scenery. Mostly how-
ever, land reorganisation objectives in Saxony’s rural regions are more extensive and
cadastral conditions are unsuitable for the use of this instrument.
On the other hand the “small” process of voluntary land exchange (Land Consolidation
Act, sec. 103a) is increasingly used, as the diagram makes clear. Usually these have a
manageable proceeding size and a small number of participants. They are distinguished
by the fact that the owners agree to the reorganisation of their property. The owners
decide themselves about the value of their plots of land and any value compensation.
Entire plots of land are exchanged where possible. Construction activities are usually
not provided for. The participant’s agreements are implemented with administrative
direction. Voluntary land exchange resembles the accelerated consolidation process,
but it’s even more simplified due to its voluntary nature.
Land regulation and ownership guarantee
The determining element in every proceeding is land reorganisation during which the
location, shape, and size of plots of land are changed and their (future) use appropri-
ately formulated according purpose. Ownership is basically retained in this connection.
Whoever the landowner is remains so. However land reorganisation can alter the object
owned. An example: an owner possesses several small, non-contiguous pieces of farm-
land during a land consolidation proceeding. At the end of the proceeding he accepts
a large plot of land corresponding to the value of his old parcels. He can then better
cultivate or lease this more easily himself.
There is usually a comprehensive deed searches at the start of the proceeding since
the land register does not always establish the current owner. This investigation proves
difficult, for example due to lack estate settlements, missing entries for pipeline rights,
and rights of way or erroneous cadastral documents. Concerning dimensions, the data
of around 80,000 vested rights (land registries) are processed in Saxony’s land con-
Citizen participation in the land consolidation process —
participants assume responsibility
Extensive preparations are needed before a land consolidation proceeding is officially
begun (meaning is formally ordered). This is typically accomplished in working groups.
In addition to the land consolidation authority, communes’ representatives, resident
sec. 103 a
Proceeding area in hectares for proceedings ordered
under the FlurbG up to 31 Dec. 2011
Total number of ordered and completed proceedings under FlurG, sec. 103 a ff. up to 31 Dec.
of the indicated year
Total area of all ordered proceedings
Total area of all completed proceedings
Total number of ordered proceedings
Total number of completed proceedings
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011
08 | Introduction
farmers, interested citizens, clubs, associations, other technical authorities and addi-
tional participants take part in it. The goals to be achieved by the proceeding are
explored. This results in, for instance, the type of proceeding, the extent of the proceed-
ing area, as well as the estimation of necessary measures and possible costs.
The owners who are likely to be affected by such a proceeding are informed about the
proceeding, its objectives, and the expected cost at a public meeting (informational
meeting under the Land Consolidation Act). A Community of Participants originates
when the proceeding is ordered. It is the merger of all landowners and leaseholders
within the proceeding’s area. There are moreover additional (indirect) participants, for
instance rights holders such as the tenants on agricultural areas.
Extensive powers, but also duties, are assigned by law to the Community of Partici-
pants’ members (Land Consolidation Act and Implementation Law for the Land Con-
solidation Act in Saxony). It is the body responsible for the land consolidation proceed-
ing and it decides on essential sub-steps. It is responsible for preparation of the road
and water plan, valuation, financing the planned measures, their implementation, and
the area’s redesign. So in contrast to other proceedings, conducted for the most part
purely bureaucratically, participants decide on the necessary measures themselves.
A committee is needed for this — the Community of Participants’ board. This is elected
by the landowners and leaseholders. The board reports the proceeding’s status at
regular public meetings.
Road and water plan
The plan concerning community and public facilities (road and water plan) with
landscape-care support plan forms the basis for the proceeding area’s rearrange-
ment. The preparation of this plan is one of the Community of Participants’ primary
tasks. The plan is coordinated with the bodies responsible for public affairs. The plan
has a concentrating effect after its establishment by the superior land consolidation
authority. That means no further approvals are generally needed if the plan has
become final. The expansion of the planned activities can begin and usually extends
over several years. This plan is the basis for cost determination and the application
for financing funds.
Waldhuf structure around Königswalde
Schönbach volunteer fire brigade’s younger
Introduction | 09
Since 1955, stakeholder communities have implemented many measures in the areas
of traffic, town development, water management, nature and landscape conservation,
as well as soil culture. In the process around 163 million Euros were invested (execution
costs), of which around 132 million Euros were as subsidies. About 890 kilometres of
rural roads were financed among other things. This corresponds to a distance from
Berlin to Paris. In addition some 235 kilometres of linear and 100 hectares of areal
plantings originated. Town development measures and the erection of flood control
basins, dams, and dikes involve expenditures of about eight million Euros.
The Land Consolidation Act distinguishes between proceeding and execution costs
when financing. The state bears the proceeding costs. Among these are all of the
authorities’ personnel and operating costs, thus also including the costs for experts
during valuation, costs for surveying, and costs for the preparation and correction of
the public books. Participants bear the execution costs. Among these costs are all
expenditures specific to conducting the proceeding. Examples of this are the operating
costs of surveying such as border stones, posts, and wages for surveyor’s assistants.
The largest portion of the execution costs typically take in the expenses of producing
community facilities (farm roads for instance). Land consolidation pursues not just
goals for private benefit, but indirectly also economic and social policy goals. That’s
why a significant part of the execution costs are taken over with earmarked grants
from federal and state governments. The grant funding amount depends on the aver-
age agricultural comparative figure in the proceeding area.
Verband für Ländliche Neuordnung
(Reorganisation of land holdings association)
The Saxon Verband für Ländliche Neuordnung (VLN) supports communities of partici-
pants in their work. This is a merger of communities of participants. It administers
planning, construction supervision, and budgetary tasks for the communities of par-
ticipants and is funded by a contribution from community-of-participant members.
The association’s Internet site
contains information about current
proceedings such as the size and objective of the proceeding, important proceeding
steps, and board contact persons.
Land regulation proceedings
Number of completed proceedings under section 8 of the Agricultural Adjustment Act
10 | Introduction
Reorganisation of land holdings planning and status under the Land Consolidation Act (July 1, 2012);
source: State Office of Environment, Agriculture and Geology, topographical basis, GeoSN
State of Saxony-Anhalt
Free State of Thuringia
Free State of Bavaria
Introduction | 11
Reorganisation of landholdings
Flood water proceeding
Republic of Poland
State of Brandenburg
12 | Introduction
Proceedings under the Agricultural Adjustment Act
The Agricultural Adjustment Act serves to create a legally compliant, efficient, and
competitive agricultural structure in the new federal states.
In the past, agricultural production co-operative (LPG) laws ensured agricultural pro-
duction co-operatives an almost unlimited right of use. They overlaid existing law,
private property, and in fact led to it being void. Independent ownership of buildings
and other structures, which is dissociated from the ownership of the land, often
emerged against this backdrop. The goal of the Agricultural Adjustment Act is to rein-
state the unity land and facilities ownership as well as to build up an efficient, com-
petitive agricultural structure in which all legal forms can act equally.
In contrast to Land Consolidation Act proceedings, proceedings under the Agricultural
Adjustment Act can only be initiated upon application and not ex officio. Eligible
applicants include for instance farms, retiring co-operative members, as well as land
and building owners who are affected by separate building and facilities ownership.
In practice, proceedings under the Agricultural Adjustment Act in Saxony tend to rep-
resent individual (rather extensive area) proceedings for combining land and facilities
Voluntary land exchange and land reorganisation proceedings are distinguished in
proceedings under the Agricultural Adjustment Act. Both types of proceedings provide
primarily legal certainty and are thus the basis for investment. But the aspect of legal
peace within the municipalities and rural communities also has a high priority.
While over 1,000 applications per year were submitted in the early 90s, the number of
applications received has declined steadily since. The number of new applications has
fallen below fifty during the past five years. To date a total of over 10,000 applications
have been submitted in Saxony.
Over 7,500 proceedings were completed in Saxony by Dec. 31, 2011 on the basis of these
applications. The great majority of them were voluntary land exchanges. Some 400
proceedings are still in progress. A failed voluntary land exchange must be continued
as a land reorganisation proceeding. It is becoming apparent here that the remaining
proceedings often exhibit complex regulatory requirements.
Agriculture and forestry | 13
Agriculture and forestry
The cultural landscape that surrounds us in rural areas emerged from centuries of work
and action by farmers and foresters. It forms the foundation for our food production,
provides space for recreation, shapes and ensures natural habitats, and provides wood
for crafts and industry and raw materials for renewable energy production. Farmers
and forest owners today still decisively dominate life and work in our villages and shape
the regions in very many ways.
Technology has evolved rapidly in the last century. This also has a far-reaching influ-
ence on land management. Rural roads must bear heavy loads these days. So for
example sugar beets or raw-wood machinery weighing up to 40 tons travels on the
roads during transport. The fields and forests too are now processed with very power-
ful machines. Wider roads and stronger types of construction are required.
Agricultural and forestry areas are still withdrawn from agriculture to much too great
an extent for many projects that also serve the public. Saxony’s farmers don’t funda-
mentally oppose the construction of roads, residential and commercial properties.
However much greater emphasis than in the past should be placed on the revitalization
of inner-city areas, the use of brownfield sites, and the preservation and expansion of
Our needs as agricultural and forestry enterprises must be adequately met and mean-
ingful solutions found. Land consolidation proceedings can help in many different ways
here. They offer the opportunity to absolve various tasks and to create orderly owner-
ship rights and well executed area sizes and structures in a single proceeding. Many
benefits for agriculture and forestry can spring from it. Everyone who owns plots of
land in a land consolidation area becomes a participant in this proceeding. Farmers
and foresters are thus able to contribute and participate directly in the process. This
applies on the one hand even before the procedure is ordered and, on the other hand,
when the road and water plan is drawn up. Which measures at which places and in
14 | Agriculture and forestry
what manner they are to be expediently implemented is advised. Many discussions and
the balancing of different interests are required to find the most favourable location
and determine the optimal way to develop. Other measures such as protection against
flooding or erosion mitigation can be planned and carried out depending on local
circumstances. The soil can thus be protected from erosion.
Land regulation requirements are also very stringent in Saxony’s forests. This is
reflected in the fact that at least 91 per cent of private forest holdings are smaller than
five hectares in Saxony. Fifty-five per cent of plots of land in Saxony’s private forests
exhibit a size of under one hectare where the plot of land’s layout is usually unfavour-
able for cultivation.
Just after German reunification, it was important to resolve unclear ownership rights
for our agricultural enterprises in Saxony. The system established during the GDR
period, which separates land and building ownership, particularly limits the creditwor-
thiness of companies. This frequently affected stables, silos, and workshops. These
buildings and facilities were often erected on plots of land that were introduced by
members of the farming operations. These kinds of ownership rights are in urgent need
of regulation using the proceeding under the Agricultural Adjustment Act. Suitable
exchange areas such as arable and grassland, even on spatially separate locations
elsewhere, can be made available to the landowners as part of this proceeding. That
offers great advantages. While it’s true that landowners don’t get their original land
back, they receive arable or grassland of equal value elsewhere that they can farm or
lease. Thus ownership remains intact. Important in the result is that each individual
owner can freely access his plots of land. Land consolidation administration modern-
izes this process and conducts these proceedings. Above all, preconditions are created
for participating agricultural enterprises enabling long-term investment in their busi-
nesses. That creates legal certainty.
Rural road near Schönberg
Agriculture and forestry | 15
Until now land areas involved in land consolidation proceedings have represented just
a small fraction of all Saxon agricultural land. In addition, the duration of the proceed-
ings is often very great in our view. Moreover we would like greater consideration of
the economic requirements of agriculture, which has to exist in an increasingly global
and more difficult market for agricultural products.
vice president of the Sächsischen Landesbauernverbandes e. V.
Back road in the Leipziger Auwald bird sanctuary; photo: LfULG Archive of Nature Conservation, Matthias Rentsch
16 | Examples from practice · Agriculture and forestry
Land managers, landowners,
residents in Schönbach/Zschetzsch —
together to the goal
The City of Colditz, located in Leipziger Land, includes among others the districts
of Schönbach and Zschetzsch with a total of around 550 inhabitants. Substantial
citizen commitment set a land consolidation proceeding in motion here in 1998,
which positively influenced the two districts’ development to a high degree. To
date numerous measures have been implemented inside and outside the locale
with the active help of the citizens. Additional projects are still in planning.
About the initial situation
In the districts of Schönbach and Zschetzsch, heavily influenced by agriculture
(66 per cent arable land and 13 per cent grassland), the desire for town development
in collaboration with community members was growing. The residents no longer
accepted the minimal tourist appeal, advanced decay of the civic center, and poor
condition of the historic hydraulic ram (ram-pressure water siphon). Unclear owner-
ship rights structure and lack of roads for agricultural infrastructure were other points
The establishment of a work group, “Sustainable town development”, enabled the con-
duct of a future workshop. All of Schönbach’s and Zschetzsch’s clubs were represented
in this working group so that everyone could put forward his desires and suggestions.
So the main idea of town development was developed in collaboration with concerned
citizens: “Committed life between nature, economy, and revitalized tradition.”
In 1998, the former Wurzen State Office of Rural Development ordered a land con-
solidation proceeding on an area of 730 hectares. The proceeding’s focus was particu-
larly on the areas of community development and increasing tourist appeal. In addition,
unclear ownership rights structures were eliminated, creating a convenient road and
water network as a basis for efficient agriculture. It proved possible to increase the
recreational value of the landscape and the ecological network by planting. A total of
16 road constructions, 3 water constructions, 6 plantings, and several town develop-
ment measures were implemented.
“Schönbach” land consolidation proceeding,
Examples from practice · Agriculture and forestry | 17
In 1999 Schönbach/Zschetzsch was accepted into the Saxon town development pro-
gram. More than 40 private renovation and repair measures to the existing building
fabric were carried out could be supported with funding. A few measures are described
in more detail below.
Renovation of the “Sächsische Krone”
Renovation of the former roadhouse was classified as the most important project. The
“Sächsische Krone” building is being used as an assembly hall today. Renovation of the
outer façade, the exterior with stream bed, the interior area on the ground floor, and
the heating and sanitary facilities were tackled. The project was finally realized through
the personal contributions of over 2,000 hours of work and in-kind and cash donations
of over 15,000 Euros made by the residents.
Redesign of the town square
Land acquisition and voluntary exchange were needed to enable redesign of the adja-
cent town square. This is possible according to the land consolidation proceeding’s
general conditions. The erection of a modern, competitive skittle alley in the “Säch-
sische Krone” was subject to the condition that 16 parking spaces had to be created
nearby. It was possible to do this on the newly designed town square. It now offers
space for numerous events such as the Schönbach road race and the annual Christmas
Expansion of the fire equipment house
A further project was expansion of the fire equipment house. The community of par-
ticipants provided the site through land settlement waiver and land exchange. The
project was realized with the help of personal contributions made by the companions
in amount of 1,600 hours. In addition, an old baking oven was built next to the equip-
ment house with the financial support of the community of participants.
“Sächsische Krone” town assembly hall;
photo: Dr. Gunter Möbius
View of Schönbach; photo: Dr. Gunter Möbius
18 | Examples from practice · Agriculture and forestry
Restoration of the hydraulic ram system
The faithful restoration of a hydraulic ram system from 1904 was conducted in 2003
in Zschetzsch with the co-operation of the historical society. It now serves as the water
supply for a newly created fire protection pond. It is thus one of only four functioning
systems of this kind in Saxony.
Construction of the “Zeitzeugen” historical trail
The hydraulic ram system is part of the “Zeitzeugen” historical trail dedicated in 2007.
Initiated by the Schönbach Historical Society e.V., it was built and financially supported
by the community of participants in land consolidation. In the process, the existing
road network was used taking into account the roads created by land consolidation.
The historical trail is a circular route about eight kilometres long that was established
both for hikers and bicyclists. At 13 stations the visitor can learn things worth knowing
about old technology and local history as well as receive suggestions about observing
the cultural landscape and vegetation. The Schönbach Historical Society e.V. manages
and maintains the trails and information boards. Several more small projects to beau-
tify the townscape were realized besides this.
The newly-created multi-functional trails serve not only agriculture, but also improve
the feasibility of the annual road race around Schönbach, which is a nationally known
running event with up to 600 participants. It is suitable for the whole family
Numerous planting actions are conducted within the land consolidation proceeding.
A total of six plantings were carried out with the involvement of school children and
agricultural businesses as compensatory measures for areas sealed off during rural
Planting action on Bräuneck Weg as personal
photo: Dr. Gunter Möbius
Hydraulic ram system with info board;
photo: Dr. Gunter Möbius
Trough in front of the hydraulic ram system; photo: Dr. Gunter Möbius
Examples from practice · Agriculture and forestry | 19
The implementation of town development measures encouraged the town community
to participate regularly in the Saxon town’s competition beginning in 1998. After the
place in 1998 and two second places in 2001 and 2004, 1
place was achieved in
the 2007 district competition. It proved possible to occupy 2
place at the district level
in 2008 and Schönbach/Zschetzsch achieved 4
place in the 2009 state competition.
Schönbach also scored in the town competition especially with its high civic involve-
ment, which the then mayor of Großbothen characterized thus: “In Schönbach, more
people come for community work assignment than they do elsewhere for holidays.”
In future too, additional projects will be implemented in the context of the land con-
solidation proceeding in order to maintain and strengthen the local community. The
value of previously implemented town development projects is secured at the same
time. For example, continued renovation of the civic centre, redesign of the area around
Schuster pond as a meeting area, and replacement of a mourning hall are planned.
Tourism in Colditz’s Mulde land should also be strengthened and expanded. For exam-
ple further expansion of existing routes and improvement of tourist signs is provided
Bräuneck Weg after completion; photo: Dr. Gunter Möbius
Dr. Gunter Möbius,
Schönbach Historical Society e.V.:
“The active participation of our citizens in the
workshops conducted and their keen interest
in the further development of the district were
the reasons a local development concept was
created. The members of the working group put
up over 500 hours.
The clear will of the still intact rural community
to make something of the assembly hall was
echoed by the competent authorities. Today we
are proud that we have a renovated civic centre
with a sense that young and old can unite under
20 | Examples from practice · Agriculture and forestry
The town of Peritz is located in the commune of Wülknitz, in the northern part
of Meissen County. Local politics and the commitment of the citizens have seen
the land consolidation proceeding through especially positively. It’s been possible
to realize numerous measures in the locale throughout the years.
About the initial situation
The intensive agricultural use of farmland has led to significant changes in Peritz, as
it has in many other regions of the GDR. The rural road network has been quickly
adjusted to the conditions of large-area management. Existing roads were eliminated
and new ones built. All that happened without taking into consideration borders of
existing plot of land and the owners’ interests. As a result many plots of land were no
longer accessible by public roads. Many landmarks were removed during the time of
the agricultural production co-operatives. As a result the locality’s agricultural plots
of land could found only with great difficult.
Multifunctional road network
secures agricultural areas
“Peritz” land consolidation proceeding,
Town assembly hall in Peritz
Examples from practice · Agriculture and forestry | 21
Orthophoto of Peritz; source: Peritz Community of Participants
22 | Examples from practice · Agriculture and forestry
Partially reconverted rural lane with new accompanying plantings along the way
Rietzschke creek in the locale was partially straightened in the past. The bridges had
been in a poor state of repair. The town square was not suitable as a meeting place for
the residents because an unused consumer outlet degraded the townscape.
A simplified land consolidation proceeding was conducted under Land Consolidation
Act, sec. 86 on the entire area of about 580 hectares. The proceeding was particularly
focused on improvement of the agricultural structure and on town development. The
Peritz locale was able to receive its new shape mainly due to the excellent cooperation
of the community of participants’ board with the local government.
The Kamenz’s Office of Reorganisation of Land Holdings at that time ordered the pro-
ceeding in 1996. Furthermore Peritz was also a programme village of the Free State of
Saxony from 1997 to 2001. The citizens of Peritz participated actively in the process of
planning the locality’s future shape. Important structural improvement measures could
be implemented right in the locale through the connection of reorganisation of land
holdings under the Land Consolidation Act and town development with the appropri-
ate financial and substantive funding. These include measures for waste water removal
or road construction.
The former consumer outlet was torn down and the town square designed with a
fountain. This space will be used by mobile shops as parking space for the mobile sup-
ply of meat and bakery products as well as fish. Older residents in particular take advan-
tage of this offer. This square’s design with a fountain and benches invites people to
linger. This was a particular concern of the local working group and the community of
participants’ board. There is a village green in Peritz, which is rather unusual for this
region, but numerous measures such as the reconstruction of three bridges enabled it
to be retained. Peritz also has a small bakery store. A general practitioner from the
neighbouring commune comes once a month to the clinic for the local population and
uses the premises next to this bakery. The town assembly hall serves as a place of com-
munication. A sports field and a skate park were created for the town’s youth.
Town square in Peritz with fountain
Examples from practice · Agriculture and forestry | 23
The rural road network was expanded in the course of land consolidation process in
order to ensure the accessibility of agricultural plots of land. In addition, two farm
roads were dismantled. The freed up areas could be put to a new use. When choosing
road reinforcement, the fact that the proceeding area is located in a flora-fauna-hab-
itat area was taken into account. Thus many of these rural roads were constructed as
paved tractor tracks.
This road network not only serves agriculture, but is also very well received by the local
population. The roads are used as a foot and bicycle connection between individual
adjacent locales. The multifunctionally of the road network prevents additional surface
use and increases the traffic safety of both pedestrians and cyclists. It is worth men-
tioning that the local stakeholders have revived the names originally used with the
signage on the lanes. The autonomy and local ties of the population is symbolized this.
This is also reflected by the fact that the signs were installed by the participants in the
proceeding on their own initiative.
In June of 2009 a town festival was held for the conclusion of the work to end the
land consolidation proceeding. All of Peritz was present at the preparation and conduct
of the festival.
The tornado in the summer of 2010 had left behind great damage to the rural roads in
this proceeding area, and in particular to the plantings conducted as part of the pro-
ceeding. The place was still lucky because this tornado passed by just 200 metres from
the town. The state of Saxony provided financial resources to restore the original
condition. So the quick, unbureaucratic aid had already eliminated the significant
deficiencies half a year later.
The land consolidation plan was finally announced in early 2011. In the locale of Frau-
enhain bordering on the proceeding area, another proceeding under the Land Con-
solidation Act was ordered in 2011, and one was ordered in 2012 in the likewise border-
ing locale of Lichtensee.
Redesigned T-junction of rural roads
board member of the Peritz
Community of Participants
“The borders in the land parcels were no longer
consistent with current use. Land regulation and
surveying in the land parcels often make frequent
generational change easier now.
I consider improvement and expansion of the
road network as well as the planting of trees and
shrubs along the roads and ditches to be urgently
necessary to upgrade the landscape again.
Ultimately the larger, developed units resulting
from consolidation of plots of land also enhance
the market value of our parcels.”
24 | Examples from practice · Agriculture and forestry
“Kirchberg-Seifersdorf” proceeding —
property on the waste-water pond reregulated
Kirchberg is a district in the commune of Erlbach-Kirchberg, which belongs to
the Lugau administrative association. The nearby town of Seifersdorf belongs
to the Jahnsdorf commune and is one of the oldest settlements in the region.
It was presumably founded shortly after 1100. Both municipalities lie on the
northern edge of the Ore Mountains. The hilly, undulating terrain offers attractive
views for hikers. Both towns are located approximately halfway between Chem-
nitz and Zwickau.
The consequences of collective farming in the GDR continue to be felt today in rural
areas. Unclear ownership rights and the separation of facility and land property still
create barriers to investment in the economy, and not infrequently to strife in town
communities. With the collectivization of agriculture, the GDR’s agricultural economy
was dominated by agricultural production co-operatives (LPGs). Here the land was not
“expropriated”. Instead the agricultural production co-operatives received a compre-
hensive, royalty-free, permanent and legally vested right of use, which overlaid the
private property. The agricultural production co-operatives could use the areas, culti-
vate, or distribute them as they saw fit. That was a de facto loss of private property. The
unrestricted right to use eventually led to the separation of land use and land ownership
and to the separation of facilities and land property during building development.
The majority of the agricultural land in the commune of Erlbach-Kirchberg is now
managed by the agricultural co-operative “MAVEK” eG. “MAVEK” eG’s premises are
located on the border between the districts of Kirchberg and Seifersdorf. Besides live-
stock farming the enterprise grows grain and forage on about 2,500 hectares of inter-
communal land. This operation is currently one of the largest employers in the com-
mune. “MAVEK” eG emerged from the conversion and merger of several agricultural
production co-operatives in the early the 1990s with the aim of bringing together
animal and plant production. In consequence, today’s agricultural co-operative
“MAVEK” eG as legal successor is the owner of various facilities including a sewage
treatment pond with inlet and outlet, a collecting basin, and a settling basin in the
Kirchberg cadastral district, which was built in 1981 with the construction of the dairy
“Kirchberg-Seifersdorf” land consolidation
proceeding, Erzgebirgskreis County
Examples from practice · Agriculture and forestry | 25
Stable facility on “MAVEK” eG’s premises
plant. The aforementioned facilities, including the roads that make the pond accessible,
are located on several plots of land, which, however, do not belong to “MAVEK” eG’s
property. So far there has been no in rem guarantee in the land register. These facilities
were originally used to separate and clean sediment from surface waste water and that
of the stable facility’s milk house. It proved possible meanwhile to reach the classifica-
tion as storm water treatment plant due to the separation of precipitation and stable
waters Until now it was not possible for the agricultural co-operative to freely access
the facilities and their access roads, because it did not also own the ground. In turn,
because something was built on it, the owners could not use their property whether
by the lane or the pond and they do not own the facility.
But personal memories are bound up with the property too. Finally, there is the desire
for justice, which the current owners are striving for. Should they now have to sell the
ground, they would view it as a new compulsion after having already been de facto
dispossessed once by the agricultural production co-operatives law without receiving
adequate compensation. Due to this sensitive set of issues, which provides plenty of
fodder for confrontation, it is often difficult for the participants to come to agreement
under private law. As facilities owner, the enterprise filed an application to clarify
ownership rights under the Agricultural Adjustment Act.
A land regulation proceeding under Agricultural Adjustment Act, sec. 8 was ordered.
The goal of the proceeding is to guarantee the availability of all property and access
to all of the plots of land.
Sächsische Landsiedlung GmbH (SLS) was placed in charge of the extensive technical
tasks as administrative aid. That also includes administrating proof of ownership. The
entries in the land register are often outdated. Ownership changes have occurred, by
succession for instance, without the land register having been updated. In the proceed-
ing, involving approximately 49 hectares and directed by the authorities, it was possible
to show the five participants possible solutions and the advantages and disadvantages
were discussed with independent experts. In some cases, only this moderation makes
arrival at mutually acceptable solutions possible.
Settling pond — the “MAVEK” eG’s facilities can be seen in the background
26 | Examples from practice · Agriculture and forestry
Participants were able to agree on various definitions during the course of the nego-
tiations. Thus the settling pond received its own plot of land, which passes into the
“MAVEK” eG’s ownership They also acquire the access road to the pond as a separate
road plot of land. An easement for the waste-water line is established in the land
register. A community of heirs was able to agree on sale of the land. The agricultural
co-operative acquired this land with which it was able to increase its ownership share
of the total operating area. Ownership leads to investment security and this ultimately
The layout of a few plots of land was improved; commercial use is more attractive.
More over it was possible to adjust district boundaries to local conditions. This was
impractical within “MAVEK” eG.’s premises. Not least, the clarification of ownership
questions clears the way for the restoration and strengthening of legal peace within
the town community.
The “MAVEK” eG agricultural co-operative’s premises and the waste water pond in question from a bird’s eye view
with associated cadastral map section. The newly negotiated borders are in red; eliminated plot-of-land borders
are crossed out; source: GeoSN, Erzgebirgskreis Rural District Office
property structure before the land regulation
source: Erzgebirgskreis Rural District Office
property structure after the land regulation
source: Erzgebirgskreis Rural District Office
Negotiation with participants, government officials,
and a representative from Sächsische Landsiedlung
Nature conservation and environmental protection | 27
Protection of the sensitive spring water marsh near Pressel in the Düben Heath requires revitalization of the aquifer.
This is made possible through a land exchange as part of a parcel consolidation proceeding; photo: Dr. Jan Stegner
Nature conservation and
The basic tasks of nature conservation are wide-ranging. Biological diversity and
the performance and functionality of the ecosystem must be ensured. The diver-
sity, uniqueness, and beauty of nature and landscape must be preserved as well
as maintained, developed, and restored in terms of their recreational value. All
of these tasks arise from nature protection legislation.
The implementation of nature conservation measures is always bound to land
parcels in the countryside. This causes broad overlap with the tasks of reorgani-
sation of land holdings.
Land consolidation proceedings can and should accompany and support other
responsible planning bodies with the former’s instruments. Thus they contribute
to the implementation of all plans, which aim at the lasting improvement of liv-
ing conditions in rural areas. This includes maintenance and improvement of
natural resources under the Federal Nature Conservation Act.
Requirements of nature conservation
As a societal obligation, nature conservation has various fields of activity. Among these
are, for instance, site protection, species and habitat protection, habitat connectivity,
landscape conservation, and protection of natural processes and natural scenery. Nature
conservation’s framework-setting requirements are formulated by law. When plans take
the technical aspects of nature conservation into account, they contribute to the envi-
ronmentally friendly moulding of land uses. From the technical nature-conservation
viewpoint, particularly significant species and habitats can be preserved in protected
28 | Nature conservation and environmental protection
areas for instance with support and development plans or management plans and the
implementation of suggested measures or state-subsidized support measures. Requests
such as the following can be made mandatory for the protection of species and biotopes:
The abstaining from or withdrawal of earlier changes to the landscape
The continuation or resumption of certain use forms (often just in the form of
The complete abstaining from certain uses or their restriction
The new creation or reinstatement of biotopes and habitats
The allowance of dynamic processes
In many cases nature conservation can only succeed over a broad area. It requires for
instance the protection of marshes and the securing or improvement of groundwater
catchment areas that are several times larger than the marshes themselves. The protec-
tion of watercourses may require measures throughout the water catchment area. It
is just as impossible to maintain animal species needing large habitats on small areas.
Many species and habitats can only be maintained when natural events are permitted
that can have catastrophic impacts from the land use perspective. Examples are natu-
ral floods in river floodplains, which are a basic precondition for the continuance of
certain species and biotopes. The survival of many species is only possible when undis-
turbed refuges and large-scale, linked systems exist for them. Connections that require
a change to existing land use must often be created in the cultural landscape.
A fundamental problem arises from the contradiction between nature conservation as
a societal task and the justified use claims of landowners. This contradiction cannot
always be resolved through agreements. Many complex nature conservation plans
cannot be implemented without securing legal ownership rights to land parcels. Areas
whose owners have other use interests are frequently needed for development meas-
ures. In other cases a considerable discrepancy between property and utility structure
has arisen during the course of recent decades that can impede nature conservation.
Example of morphodynamic processes on the Mulde: About 10 metres of land was lost left in the image as a result of the January flood in 2011. The gravel beach on
the right in the image has widened. The tree lying in the river was still standing on the shore in 2010. These kinds of process are important for nature conservation and cost
the availability of land; photo: Dr. Jan Stegner, March 2011
Nature conservation and environmental protection | 29
In some regions land was and is acquired for the benefit of nature conservation, but
these are often a mosaic intermixed with the areas of other owners. This can block the
implementation of nature conservation measures.
Land consolidation proceedings, particularly simplified land consolidation proceedings
under Land Consolidation Act, sec. 8, can be appropriate instruments for resolving land
use conflicts. Such proceedings can be initiated to implement land development, nature
and drainage protection, landscape management, and natural scenery design measures
as well as to resolve land use conflicts, among other things. Such proceedings can
bring the property structure into agreement with the current landscape structure
(or use structure),
resolve use conflicts between owners (for instance responsible body for nature
conservation measures) and leaseholders (for instance agricultural operations),
merge fragmented individual parcels for the implementation of nature conserva-
tion measures and thus primarily make parcels available for development measures,
bring about use separations (nature conservation, land use), and
resolve basic conflicts among various parties (nature conservation, landowners,
and land users).
Public land areas are brought into the land consolidation proceeding to obtain sufficient
leeway for development measures necessary for nature conservation. Both nature con-
servation and land users can also profit when nature conservation measures in con-
nection with land consolidation proceedings are fed into the Saxon eco-account. Inves-
tors can thus be offered “turnkey” packages of compensatory and substitutional meas-
ures. At the same time the tailored implementation of nature conservation is made
possible. The withdrawal of land and forestry areas can be better controlled and mini-
mized. Several complex projects used for implementing the objectives of the biotope
network, flora-fauna-habitat (FFH) management planning, and measures design under
the Water Framework Directive are already stocked up in the Saxon eco-account.
Dr. Jan Stegner, free biologist,
Institute of Landscape Ecology and Vegetation Science (GbR)
By water logging agricultural land, the beaver (Castor fiber albicus) leads to conflict. With freshly laid bait, the species is drawn into a conflict-free area of Düben Heath,
which was created by land exchange in a land consolidation proceeding; photo: Dr. Jan Stegner
30 | Examples from practice · Nature conservation and environmental protection
Callenberg Nord II is a habitat
for rare animals and plants
Beginning in 1978, work began to access a nickel ore deposit between the towns
of Callenberg and Langenchursdorf. Thus the land used up until then for agri-
culture disappeared. Mining of the ore occurred in the strip mine and was dis-
continued again in 1989. During this period of just a few years, it proved pos-
sible to mine around 1.69 million tons of nickel ore in this area alone. However
the intrusion irreparably destroyed the cultural landscape.
About the initial situation
The nickel ore mining occurred in the GDR without legal ownership regulation with
the landowners. The areas previously used for agriculture were thus unceremoniously
laid claim to and the owners de facto deprived of the land.
After ore mining ceased, interest conflicts between the private owners and nature
conservation arose increasingly beginning in 1990. Waste was dumped illegally on the
grounds. Over the years a pool that invited swimming formed in the depression left
The existing landscape was in fact irretrievably destroyed; nonetheless a valuable
nature conservation area emerged. The strip-mining activity left behind new structures
such as rock walls as well as gravel and boulder areas. Undisturbed over the years,
otherwise rarely occurring plants and animals were able to establish themselves. This
newly emerged habitat was thus reported in 1994 as the “Callenberg Nord II” nature
conservation area. However at the same time this resulted in the landowners’ use of
these areas as arable land being henceforth permanently withdrawn.
“Callenberg-Nord” land consolidation
proceeding, Zwickau County
Examples from practice · Nature conservation and environmental protection | 31
Illegal trash dumping;
photo: Callenberg-Nord Community of Participants
The areas occupied by the strip-mining areas limit the nature conservation area spa-
tially. However, these are not identical with the actual property lines. Clarification of
this legal relationship did not occur until the upgrade to a nature reserve. The ore
mine’s massive intrusion led to considerable transsection damage to adjacent agricul-
tural areas, which led in consequence to uneconomically shaped residual areas. The
parcels’ accessibility was thereby rendered significantly more difficult.
The land use conflicts arising between nature conservation and agriculture could not
be eliminated at first. The owner of the plot of land concerned, the municipal councils
of the former communes of Chursbachtal and Callenberg, and former state bodies such
as the Regional Council of Chemnitz as higher conservation authority, the State Envi-
ronmental Agency, and Chemnitzer Land County favoured a land consolidation pro-
ceeding to solve the multiple problems. As a result, in December of 1995 the landown-
ers suggested to the then responsible Oberlungwitz Office of Reorganisation of land
holdings that a land consolidation proceeding be conducted.
The former strip-mine area has become a refuge for rare plants and animals; photo: Callenberg-Nord Community of Participants
32 | Examples from practice · Nature conservation and environmental protection
A simplified land consolidation proceeding under sec. 86 of the Land Consolidation Act
was ordered in 1997 to resolve the various interest conflicts. The proceeding area
encompassed an area of around 104 hectares. A total of 28 plots of land were located
within the proceeding area.
It proved possible to develop good solutions quickly due to the openness of all parties,
especially the landowners. The agricultural road network was redesigned and expanded
corresponding to current use requirements. These roads passed into the ownership of
each of the two communes. It was possible to reshape and allocate the remaining
agricultural areas taking the desires of the participants into account. The execution
costs totalled 208,000 DM. With a personal contribution share amounting to 14 per
cent, the remainder was funded by the federal government and the Free State of
Saxony from the joint “Improvement of Agricultural Structures and Coastal Protec-
A fundamental principle in the land consolidation proceeding is to bring about a set-
tlement of the same value in land. However in specific cases the owners agree to a
money settlement. It was thus possible to entirely acquire the areas worthy of nature
conservation. A total of 27 hectares of nature conservation land was legally secured
and passed into the county’s ownership. This area was closed to unauthorized entry
so that flora and fauna can develop undisturbed.
photo: Media database of the Saxon State Ministry
for Environment and Agriculture
Old condition of the proceeding area — The “Callenberg Nord II” nature preserve is marked in red.
photo: Callenberg-Nord Community of Participants
Examples from practice · Nature conservation and environmental protection | 33
photo: Dirk Synatzschke, Sachsenforst State Enter-
prise, media database of the Saxon State Ministry for
Environment and Agriculture
New state of the proceeding area; photo: Callenberg-Nord Community of Participants
The “Callenberg Nord II” nature preserve today
The area has developed splendidly. More and more plants and animals live in this
protected space, which humans may not enter. In particular bird species such as the
red-backed shrike, the penduline tit, and the Yellowhammer, which hardly find a hab-
itat anywhere else, could be observed. Especially the body of water with its shore areas
arising after termination of strip mining activity offers a habitat to various bird species,
but also many other animals and plants. So there are different types of dragonflies,
butterflies, and endangered lichens and mosses.
34 | Examples from practice · Nature conservation and environmental protection
The large “Presseler Heidewald- und Moorgebiet” nature conservation project lies
in the Düben Heath nature park north-east of Eilenburg in the communes of
Doberschütz, Laußig, Dreiheide, and Trossin. The area is located in the Elbe-
Mulde lowlands nature area. The core area has a size of about 4,400 hectares. It
is characterized primarily by large-scale formed marsh and forest-mire areas.
These include the Zadlitzbruch and Wildenhain Bruch.
About the initial situation
The landscape is characterized by a large number of marshes, swamps, brooks, and wet
meadows. However extensive measures, particularly the peat removal beginning in the
century as well as large-scale drainage of the marshes and meadows between the
years 1970 and 1990, led to increasing soil desiccation. These measures severely
impaired the peat field (peat depletion). These interventions resulted in a loss of up to
60 centimetres of land height. The soil’s composition and functions changed pro-
foundly. At the same time the variety of plant and animal species declined. The areas
in the region’s south west (Pressel/Wöllnau area, the so-called Wöllnau Senke) were
more heavily used for farming as a result. The share amounts to about 1/10 of the large
nature conservation project’s area.
The large “Presseler Heidewald- und Moorgebiet” nature conservation project was
funded by the German Federal Agency for Nature Conservation from 1995 to 2009.
With this financial support, it was possible to implement high-priority measures that
protect wetlands long-term. Furthermore marshlands, meandering streams, and forests
were renatured. The area involved covers about 6,300 hectares, of which about 4,400
hectares are part of the nature conservation project’s core area. Such large projects
are characterized primarily by the fact that these natural spaces are of great signifi-
cance at the state level as well as being nationally important and representative. The
Presseler Heidewald- und Moorgebiet Administration Union is the body responsible for
this large nature conservation project. Nordsachsen County and the Naturschutzbund
Presseler Heidewald- und Moor-
gebiet is permanently safeguarded
“Wöllnauer Senke” land consolidation
proceeding, Nordsachsen County
Examples from practice · Nature conservation and environmental protection | 35
Grassland near Wildenhain Bruch in the land consolidation area water logged by marshland revitalization; photo: Dr. Jan Stegner
Deutschland (NABU) Landesverband Sachsen e. V. have jointly taken over sponsorship.
The goals of the project are, among other things, preservation of the largely undevel-
oped, sparsely subdivided area, stabilization and improvement of the groundwater
balance to preserve the wetlands, and accelerate conversion of monotonous forest
areas into natural forests.
The maintenance and development plan provides that local conditions be created ena-
bling future maintenance of existing peat and bog growth. However land use conflicts
arise due to the implementation of these measures. Particularly for farm operations,
the increasing water logging of land means a restriction in cultivation up to abandon-
ment of the land’s agricultural use. A working group comprising nature conservation
and farming experts was formed due to the complex initial situation. This working
group set itself the goal of implementing nature conservation project goals and, at the
same time, of securing the existence of farming operations. The co-operation of all
participants led ultimately to it being possible to reach agreement between the farm-
ing operations and the special purpose association for the delineation of usable farm-
ing land, and the areas for renaturation with subsequent succession and landscape
maintenance. The acquisition of land in the area of the nature conservation project is
therefore necessary for the long-term protection of these areas.
Ragged Robin (lychnis flos-cuculi) —
a typical variety in wet meadows;
photo: Dr. Jan Stegner
36 | Examples from practice · Nature conservation and environmental protection
The long-term securing of ownership rights to these areas is an important prerequisite
for implementation of the measures provided by the large-scale nature conservation
project. Other ways had to be found after the private legal options (usually the pur-
chase of the necessary land) had been exhausted. In part, it was possible here to
allocate restoration sites into the ownership of the special purpose association by the
method of voluntary land exchange carried out under sec. 103 of the Land Consolida-
tion Act. However a final settlement for a larger portion of the affected areas was not
possible this way. The special purpose association therefore applied for a land con-
solidation proceeding in 2009 with the goal of reaching a legal property ruling. The
Reorganisation of land holdings Office of the Nordsachsen Rural District Office there-
upon initiated as simplified proceeding under sec. 8, paragraph 1 of the Land Con-
The proceeding area has a size of about 1,800 hectares and covers mainly the south-
west area of this large-scale nature conservation project. A total of 521 vested rights
are affected; this corresponds to a least as many participants.
There are currently 13 farming operations engaged in agricultural activities in the
proceeding area. These enterprises should receive more profitable area for cultivation
during the course of the land consolidation proceeding. In return the long-term use
of sites valuable for nature conservation should be secured. In addition it is provided
that lease agreements favourable in the long term for use of the special purpose
association’s plots as well as those of the Free State of Saxony will be concluded with
the farming operations.
Planned expansion of paved track ways in the proceeding area — comparable construction here in the commune
Proposed planting of a windbreak hedge —
here similar planting in the commune of Erlau
Examples from practice · Nature conservation and environmental protection | 37
The existing agricultural road network should be expanded in addition to regulating
ownership rights. Lane connections will be disrupted due to scheduled planning within
the large-scale nature conservation project. New lane connections should be created
within the land consolidation proceeding to nonetheless ensure accessibility of the
agricultural areas. The rural road network is being redesigned to meet today’s require-
ments. Among other things here, building methods are being used that seal the surface
as little as possible. Among these are paved track ways, which have proven themselves
in many ways in other land consolidation proceedings. In particular these roads meet
stringent nature conservation requirements. They are used primarily in the cultivation
of agricultural areas. Heavy agricultural equipment travels these roads resulting in
severe stresses. Upkeep costs and of course the costs for expansion should be minimal
however. But rural roads should also be sufficient to meet multifunctional require-
ments. That means they are also available for other users. Among these are hikers and
bicyclists who want to relax in nature.
The cultivation of agricultural areas, particularly agricultural crop land, is influenced
by wind erosion in the proceeding area. Copses, green road borders, and shore plant-
ings on flowing waters should be created to reduce the removal of topsoil.
The plan is currently being worked out under sec. 41 of the Land Consolidation Act.
Following this, the plan will be submitted for approval to the superior land consolida-
tion authority. Implementation of the measures planned therein is foreseen beginning
in 2013 and 2014. Valuation of the areas included in the proceeding is done in parallel
with this. Thus the preconditions for the desired meetings under sec. 57 of Land Con-
solidation Act are created. Participants in this proceeding can express their desires for
settlement at these meetings. The land consolidation plan is subsequently established.
The goal is a proceeding term of ten to twelve years.
Position of the land consolidation proceeding (red) and of the large nature conservation area (green);
source: Wöllnauer Senke Community of Participants
Transitional marshland in Zadlitzbruch;
photo: Dr. Jan Stegner
38 | Examples from practice · Nature conservation and environmental protection
in Dresden’s Elbe Valley
The basin between Pirna and Meißen in which the city of Dresden lies is referred
to as “Dresden Elbe Valley Hollow”. Geologically, it is bounded by the foothills
of the Eastern Ore Mountains, the Lusatian granite slab, and Lommatzsch hill
country. This area arose from the Elbe’s excavation activity, which dug into the
glacial earth deposits with several meandering arms. Very early settlement of the
area took place due to the fertile soil. It formed the foundation for the cultural-
historical development and contemporary celebrity of the city. Dresden is not just
culturally significant. The Elbe valley has also been able to largely preserve its
“Birkwitzer Wiese” land consolidation proceed-
ing, Sächsische Schweiz – Osterzgebirge County
Protection of the “Birkwitzer Wiese” by marking as a natural monument area and the fence;
photo: “Birkwitzer Wiese” Community of Participants
Examples from practice · Nature conservation and environmental protection | 39
The initial situation
One of the rare molinia meadows can be found in the Dresden Elbe valley hollow. Such
meadows are at home on damp earth and were traditionally mowed once every year.
The cuttings have a low nutritional value so they were often used as litter in stalls.
Therefore they are commonly referred to as “litter meadow”. With the modernization
of agriculture, these areas were often drained and converted into intensively used
grassland or fields. Molinia meadows are very rare in Saxony. They are usually charac-
terized by small areas and are floristically impoverished. The few remaining areas have,
without exception, a high nature-conservation value. They belong to specially pro-
tected biotopes under sec. 26 of the Saxon Nature Conservation Act and are threatened
with complete, nationwide destruction (red list biotope types). They provide habitat
for many plant species and many endangered animal species, which are uncompetitive
in intensively managed grassland. These meadows are typically rich in orchids and
gentians and delight with their rich colours. Molinia meadows are very sensitive to
changes in use (especially when mowing), fertilization, drainage, or abandonment.
The molinia meadow in the Dresden Elbe valley hollow is strictly protected as the
“Birkwitzer Wiese” area natural monument, but it includes an area of only about 3,000
square metres. It is surrounded by drained, agricultural and forestry areas. This biotope
should continue to be protected, preserved, and expanded to an area of 3.3 hectares.
The project is to be implemented in co-operation between Sächsische Schweiz-
Osterzgebirge County, the Landesverein Sächsischer Heimatschutz e.V., and Sächsische
Landsiedlung GmbH (SLS).
The superior land consolidation authority based in the county supports the project
through land reorganisation. It ordered the “Birkwitzer Wiese” simplified land con-
solidation proceeding for this in June of 2010. This encompasses an area of around
60 hectares. The use conflicts between the goals of nature conservation and surround-
ing agricultural cultivation are to be eliminated by reorganizing plots of land.
The conduct of building measures is not required due to the predominantly uniform
cultivation by a leaseholder. Therefore a road and water plan does not to be established.
The development of agricultural land is protected by land regulation within the pro-
The affected landowners’ acceptance is essential for the success of these kinds of
projects. Land consolidation proceedings offer good preconditions for this. The land-
owners, who together form the community of participants, are the body responsible
for the proceeding in Saxony. The Saxon Implementation Law to the Land Consolidation
Act (AGFlurbG) entrusts them to carry out the proceeding’s essential tasks. They shape
the proceeding area themselves through their elected board.
Land regulation in the service of nature conservation
The “Birkwitzer Wiese” land natural monument is developed through the Saxon eco-
account. That means that this measure, desirable in terms of professional nature con-
servation, will be given preferred implementation. The added professional nature con-
servation value can be subsequently expressed as eco-points and sold to investors. This
approach immediately offers several advantages: Normally an investor must conduct
suitable compensation and substitution measures himself for his intervention in nature
and landscape. This is not always easy, not least because of the poor availability of
suitable land. However, if third parties already have appropriately conducted measures
“in stock”, the investor can quickly and easily buy the required eco-points to fulfil his
obligations. It also makes sense from the perspective of nature conservation if, for
instance, the compensatory obligations of several investors can be pooled in particu-
larly important, but usually more expensive projects.
View of the Pillnitz vineyards
in Dresden’s Elbe Valley
40 | Examples from practice · Nature conservation and environmental protection
Sächsische Landsiedlung GmbH has already been able to acquire various plots of land
within the proceeding area in its capacity as eco-area agency. This was done partly
through notarial purchase contract. Easier and less costly for the participants is acqui-
sition via land waiver declarations under sec. 52 of the Land Consolidation Act. If a
participant wishes to be compensated wholly or partly in money instead of land, he
can explain this to the community of participants. The community of participants or
the developer can acquire the land if this land waiver serves the implementation of
the proceeding. Monetary compensation can be settled before the end of the proceed-
ing. However the areas acquired by Sächsische Landsiedlung GmbH are scattered
throughout the proceeding area.
The Sächsische Landsiedlung GmbH’s areas are now merged during redesign of the
proceeding area. This is done so that sensible extension of the existing biotope can
occur from a nature conservation perspective. So property rights to the remains of
the river valley depression are also legally secured. At the same time the former own-
ers receive land of equal value outside of these sensitive, high-quality nature conser-
Sächsische Landsiedlung GmbH can, so to speak, offer these measures “turnkey” in the
Internet since its areas have been assigned by the land consolidation authority as part
of the “temporary arrangement”. This intermediate ruling already prepares the later,
new condition. This helps to implement the intended measures in a timely manner and
to facilitate conduct of the proceeding. Maintenance and development of the land
areas under Sächsische Landsiedlung GmbH’s envisaged measures concept is accom-
panied by the Landesverein Sächsischer Heimatschutz e.V.
Project footprint and property of Sächsische Landsiedlung GmbH
material: Sächsische Landsiedlung GmbH and “Birkwitzer Wiese” Community of Participants
Areas owned by Sächsische Landsiedlung GmbH as eco-area agency
Existing natural monument area
Natural monument expansion area
Optional natural monument expansion area
Purple moor grass appears
in its typical red-brown autumn colours;
photo: Dr. Wolfgang Böhnert
Flood protection | 41
The significance of reorganisation of land holdings for flood protection may not
be obvious at first glance. However anyone who has come across kilometre-long
flood-protection dikes while strolling along the Elbe, Mulde, Neiße, or some other
river will quickly realize that the erection of such facilities requires enormous
areas. It is also clear that the contact and operation areas of dikes and dams, and
of flood-water storage ponds are permanently withdrawn from other uses.
Less well known is that flood control often involves obligations to tolerate and
restrictions on use. Thus for instance, reservoirs used for agricultural purposes in
so-called green (dry) flood-water storage ponds and polders are typically bur-
dened with flooding rights. If a reservoir inundation that damages or destroys
the crop occurs during high water, the land manager must accept it.
The effectiveness of flood protection measures depends very much on their posi-
tion relative to hazardous waters or to the hazard area. If the body responsible
for the flood protection measure is not the owner of the required plots of land,
it must acquire the land from third parties.
It is never a problem to design a land acquisition if the affected landowner is
willing to sell on acceptable terms. If the responsible body owns or can obtain
exchange land, and the landowner accepts the land exchange, nothing stands in
the way of implementing the measure.
Flooded farmland near Dresden
42 | Flood protection
Problematic land acquisition
But what about when the landowner wants neither to exchange nor sell, or when he
has completely exaggerated price expectations? What about when he cannot sell
because his livelihood, his farming or forestry operation, would be lost?
Albeit rather ugly, the body responsible for a flood-water protection measure can
confront unwillingness to sell or exaggerated price expectations using expropriation.
Heavy demands are rightly placed on the permissibility of expropriation. The expro-
priation must be possible under a sectoral law, according to which the action plan is
Saxon Water Law provides a basis for plan establishment and expropriation for flood
protection systems. But should every little flood protection measure be authorized in
a complex planning procedure for lack of land availability? What happens with the
preventive flood protection measures that are intended to maintain or restore retention
areas and for which no planning procedure are provided? Can these be implemented
only if the responsible body owns or can acquire the areas?
Even if a plan establishment decision exists for a measure, may the affected party really
be expropriated if he will thereby lose his livelihood, his farming or forestry operation?
Also important is the question of how long an expropriation proceeding can be drawn
out where the funding with which flood protection measures are financed is only
available for a limited time. It is also always problematic when areas are required whose
owner is unknown and cannot be determined despite extensive research.
Customized solutions through reorganisation of land holdings
Reorganisation of land holdings offers customized solutions for all of the problems
addressed in connection with land acquisition for flood protection measures. More so,
as the Dittersbach land consolidation proceeding subsequently shows by way of exam-
ple, concepts can be developed and implemented as part of the proceeding that sub-
stantially defuse or completely eliminate specific local flood hazards.
System of flood protection embankments above the locale of Podelwitz; photo: Zschadraß (Hochwasser-) Muldedörfer Community of Participants
Flood protection | 43
The simplified land consolidation proceeding under sec. 86 of the Land Consolidation
Act is an ideal instrument for resolving land use conflicts and bringing about a balance
of interests between landowners and project developers. Thus exchange land available
in the proceeding area can be allocated to landowners who need to provide their land
for flood protection measures.
Simplified land consolidation proceedings for land-reorganisational implementation
support for flood protection measures (so-called flood proceeding) were ordered after
the flood catastrophe of 2002 at the request of the Saxon State Reservoir Administra-
tion, for example in Nordsachsen and in the drainage basin of Freiberg Mulde. The
simplified Zschadraß land consolidation proceeding subsequently presented in more
detail is included among these.
With special operations, a specific procedure provided in secs. 87 to 90 of the Land
Consolidation Act is available as a tool for land consolidation to provide at least five
hectares of rural plots of land for large-scale flood protection measures. The proceed-
ing assumes the permissibility of expropriation, but presents a less severe means in
contrast to this. The meaning and the legal precondition of a special operation is to
distribute the land loss of a few owners across a larger group of owners. However the
proceeding is also admissible when disadvantages for general land improvement can
be avoided or moderated.
An enterprise land consolidation can be ordered on application of the expropriation
authority, as soon as the planning procedure for admission of the flood protection
measure has been initiated. The advantages of the proceeding include the possibility
of ownership control (dispossession of landowners and putting into possession of the
authority responsible for businesses) that can be taken immediately after the declara-
tion of enforceability or immediate enforcement of the plan establishment decision. It
places the authority responsible for businesses in the position of being able to begin
promptly with implementation of the project.
Wolfram Worm, surveying assessor,
chairman of several communities of participants in Görlitz County
Near-natural reshaping of the Ziegenbach ground; photo: Zschadraß (Hochwasser-) Muldedörfer Community of Participants
44 | Examples from practice · Flood protection
The town of Dittersbach lies in a secondary valley of the Gimmlitz in the Eastern
Ore Mountains Dittersbach has been a district of the city of Frauenstein since
community area reform of 1994. The surrounding areas are predominantly used
by agriculture and forestry. Lichtenberg dam is located in the immediate vicinity.
The place is of interest for tourism due to its altitude and its enchanting scenery.
About the initial situation
In the past there was repeated flooding on the south-eastern outskirts. This led to
damaged buildings and agricultural roads.
The higher lying areas are used for agriculture. Brief, intense rain could cause strong
outflows from the field location if plant cover, vegetation state, and water saturation
of the soil were to interact unfavourably. Snow melt when the ground is frozen also
represents a high risk of flooding that leads to inundation.
On behalf of the Dittersbach Community of Participants, a concept was developed,
which assessed the local situation and presented concrete proposals to protect against
floods. The goal was and is the protection of property and infrastructure in the flood
zone. Nassau Road’s elevated construction interrupts the terrain structure. Thus two
water catchment areas result separated from each other by roads. Two separate flood
protection measures were recommended in consequence. If necessary they should
gather water accumulating from the area, reduce the flow force of the run-off, and
slowly release the water again. The feedback between planners and local Community
of Participants’ board enabled an optimal choice of sites for measures and operating
mode of constructions in accordance with the overall concept of the road and water
plan. Both measures act in a small area and are intended to restrain precipitation in
the respective catchment areas themselves. Positive impacts on the area-wide flood
situation result from this. The community of participants implemented both projects
during the course of a road construction measure.
“Dittersbach” land consolidation proceeding,
Examples from practice · Flood protection | 45
Advantages of the proceeding
A solution was brought about on the residents’ initiative with the alternatives of the
land consolidation process. This is citizen participation in the true sense. The necessary
organizational and legal basis for planning, funding, and provision of the required land
and the construction of flood protection works has been created by the community of
participants in collaboration with the commune and the relevant authorities. The flood
protection measure areas were made the property of the commune during the course
of the proceeding. The commune has already taken over the maintenance obligation
for the two structures during the proceeding.
Flood control dam – catchment area A 1
Catchment area A 1 is flanked by Nassau Street and the way up to the market. The way
up to the market runs crosswise to the slope. Above this farm road and parallel to it,
a dam was built as a protective measure. It forms a basin with the existing terrain.
The dam initially retains the accumulating water. During regular operation, a culvert
pipe at the basin’s lowest point directs the accumulating water under the farm road.
The water then flows in a profiled depression to an existing ditch. In the event of a
flood, a so-called spillway comes into use as an overflow and relief structure for the
dam. It consists of an overflow area and a connecting coarse wash, which is con-
structed using rock fill to avoid washouts and to reduce the water’s flow force (energy
conversion). The farm road is integrated into the spillway and is built to be floodable
in this area.
Detail of the community of participants’ planning
documents concerning the situation of the catchment
areas and the planned measures;
source: Dittersbach Community of Participants,
Eberlein Planning Office
Remains of the former machine hall; photo: Dittersbach Community of Participants
Run-off promoting surfaces
46 | Examples from practice · Flood protection
Planning documents for the flood control dam — catchment area A 1; source: Dittersbach Community of Participants, Eberlein Planning Office
Completed flood control dam with spillway and farm road — catchment area A1.
The locale to be protected is seen in the background.
Flood-water storage pond — catchment areas 1. and A2.2
A storage pond was designed as a protective measure for catchment area A 2. Accu-
mulating precipitation water is collected in the basin as needed. The water is diverted
under the intersection and into a ditch via an inlet pipe and connecting culvert pipe.
In the event that the amount of precipitation exceeds the storage pond’s capacity, there
is an emergency spillway, which is secured by a gravel lawn. The foundation walls and
foundations of a former machine hall were initially located at the proposed site. These
were torn down, the ground unsealed, and the new dry basins profiled.
DN 150 drainage pipe
GT geomembrane installation area Height
Examples from practice · Flood protection | 47
Planning documents for the flood control dam — catchment area A 2; source: Dittersbach Community of Participants, Eberlein Planning Office
Completed flood-water storage pond — catchment area A 2
Today the dam and storage pond fit into the landscape and fulfil their function. Both
areas are used as grassland and grazed. As a result a troublesome machine hall was
removed, the area returned to agricultural use, and at the same time is making a sig-
nificant contribution to flood protection for the locale.
48 | Examples from practice · Flood protection
The calming of Ziegengrund Brook
Water flowing wildly from the Ziegengrund repeatedly reached the locale of
Podelwitz in commune of Colditz (now the city of Colditz) with significant con-
sequences. This locality lies directly on the Freiberg Mulde, which merges with
the Zwickau Mulde in Sermuth not far from there.
About the initial situation
In the 1970s the originally open, naturally winding bed of Ziegengrund Brook was piped
to enable more intensive use the agricultural areas. At that time it was possible to
execute such measures quickly without much effort. Nature conservation concerns or
other interests were not, or insufficiently, taken into account during planning and
implementation. The focus was only on the requirements that emerged from agricul-
tural use of the land.
Devastation of the Podelwitz locale in August 2002;
photo: Zschadraß (Hochwasser-) Muldedörfer Community of Participants
“Zschadraß (Hochwasser-) Muldedörfer” land
consolidation proceeding, Leipzig County
Examples from practice · Flood protection | 49
Detail from the overview map of the landscape plan;
source: Zschadraß (Hochwasser-) Muldedörfer Community of Participants
Exposed area of the formerly piped brook
in front of a dam;
photo: Zschadraß (Hochwasser-) Muldedörfer
Community of Participant
Floods occurred ever more frequently since the mid 1990s. The brook caused immense
damage on private plots of land and in the public domain especially around the water
castle in Podelwitz. These areas were repeatedly flooded and buried under a thick layer
The Ziegengrund has a catchment area of around 137 hectares. The cohesive soil can
absorb little or no water because of the pronounced ground slope. So the accumulating
water flowed torrential on the surface and flooded the lower-lying residential areas.
The surface of the slopes was thus worn away and eroded. The piped section of the
Ziegengrund was unable to completely accept and harmlessly drain the arriving water
during heavy rain in summer or even during light rain on frozen ground in winter.
The 2002, flood of the century had just left behind massive devastation in the Freiberg
Mulde catchment area. In the wake of these events the “Zschadraß (Hochwasser-)
Muldedörfer” simplified land consolidation proceeding was ordered at the request of
the Saxon State Reservoir Administration. The primary goal of this proceeding under
sec. 86 of the Land Consolidation Act is to implement measures to protect against
flood water. The proceeding area encompasses an area of around 402 hectares. The
Ziegengrund is located within this area.
The Saxon State Reservoir Administration plans and executes extensive construction
measures for higher level flood protection. The land consolidation proceeding supports
this project by implementing the land reorganisational measures necessary for produc-
ing regulated ownership rights for this.
In addition to the Saxon State Reservoir Administration’s measures, the board of the
community of participants is planning and implementing its own measures, which
serve the participant’s interests. Here these additional measures need not directly cor-
respond to the Saxon State Reservoir Administration’s scope of responsibility as ini-
tiator of the land consolidation proceeding. It is much more important that they serve
the benefit of the participants and meet the objectives of the Land Consolidation Act.
So the “Ziegengrund flood retention” project ultimately became part of this land con-
Dam accumulation area 6
Dam accumulation area 5
Dam accumulation area 4
50 | Examples from practice · Flood protection
Exposure of piped sections of the brook;
photo: Zschadraß (Hochwasser-) Muldedörfer Com-
munity of Participants
Unspoilt pond with emergency overflow;
photo: Zschadraß (Hochwasser-) Muldedörfer
Community of Participants
During the planning of this project, special attention was paid to ensuring that the
water in the area where the flooding originates remains there as long as possible tak-
ing nature conservation interests into account. The run-off of large quantities of water
accumulating from rain should be retained in the area of the Ziegengrund above the
locale of Podelwitz in order then to be able to drain out slowly. The peak flows from
the Ziegengrund into the Mulde will thereby be reduced.
Ziegengrund Brook, piped in places, was partially exposed. These trenches were created
without bringing in concrete and with an irregular, meandering earth profile. In par-
ticular, value was placed on the brook’s course fitting nearly naturally into the existing
land structure. This brook subsequently flows into the Mulde near Freiberg. An existing
dam on a small, already existing pond was heightened and stabilized. In addition three
new earth dams, 28 to 84 metres long and 2.15 to 2.65 metres high were erected along
the course of the brook. Thus it was possible to create a dammed volume of about
15,800 cubic metres in this area.
The ownership rights encountered could be ignored during the system’s planning
because the community of participants is structuring ownership de novo. Thus the
necessary dams, trenches, and wetlands were not aligned with the available land, but
built in the most appropriate places. This advantage was made possible only by the
land consolidation proceeding.
The dam system here functions without using mechanically or electrically operated
and control facilities. Using pipe restrictors in the dams, outflow is controlled auto-
matically up to the maximum allowable run-off. The maximum allowable run-off itself
results from the hydraulic performance capability of the pre-flood systems (trenches,
The Ziegengrund also continues to be preserved as a meadow or pasture area. Already
existing wet meadows were not touched. The road produced specifically for this con-
struction measure was covered with topsoil and continues to be used as a greenway
for management of the storage systems and adjacent areas. Numerous plants and
animals are able to establish themselves in the re-exposed brook. That contributes to
a significant enrichment of the variety of species in this area.
Construction of a fortified emergency overflow area for controlled drainage;
photo: Zschadraß (Hochwasser-) Muldedörfer Community of Participants
Examples from practice · Flood protection | 51
Investments for this project amount to around 230,000 Euros. The Community of
participants receives a 90 per cent sponsorship here. The commune of Zschadraß com-
pletely assumed the remaining portion. The city of Colditz obtains ownership of the
areas in the Ziegengrund with the land consolidation plan. However it has been respon-
sible for the care and maintenance of the functional capability of this trench system
and dams since acceptance of construction work.
A hydrodynamic run-off simulation showed that such an integrated system can func-
tion in nature. The residents of Podelwitz confirm again and again how well it actually
works. There have been no negative impacts due to torrential run-off from the Zie-
gengrund since July 2010. In addition, the recreational value of the landscape has been
further enhanced by the redesigned Ziegengrund.
The specific construction cost of around 15 Euros per cubic metre of dammed volume
shows that such systems are very economical to produce.
The ongoing costs to maintain the system are also low. Since the pipe restrictors in the
dams are generally self cleaning, system care is limited to one or two inspections per
year. Because the meadows are cared for naturally through meadow use, maintenance
costs for them are completely eliminated. The community of participants has expanded
another road in 2011 for maintenance and care of hydraulic structures, access to the
public road network, and to open up the adjacent agricultural land.
If groundwater recharge becomes necessary due to climate changes, the system can
be retrofitted for it with little effort. A possible increase in precipitation burden can
also be met by increasing dam height at any time with little effort.
Initial performance test of a dam within the system;
photo: Zschadraß (Hochwasser-) Muldedörfer Community of Participants
Restrictor run-off in the pre-flood trench;
photo: Zschadraß (Hochwasser-) Muldedörfer
Community of Participants
52 | Infrastructure measures
Regions that wish to further develop themselves economically need a good traf-
fic connection. In this connection the individual regions should be networked
with one another and with the regional centres. The best line up of new roads
is frequently associated with the use of agricultural land.
What does this mean for the affected areas and their owners?
Roads, streets, railways, or waterways are usually laid out linearly. The realization of
these projects often leads to the carving up of landscape spaces. The spaces bordering
the new roads are separated from one another and their accessibility is restricted.
Mainly affected are businesses active in agricultural and forestry. The construction
measures disrupt existing road connections. Cultivated areas are subsequently more
poorly accessible or entirely inaccessible. In addition, unfavourably shaped or small
residual areas emerge that can hardly be worked economically. Also, these projects
often permanently alter the habitat of animals and plants.
Besides the areas for the actual building measures, additional areas are necessary for
nature conservation mitigation and compensatory measures. Thus extensive areas are
being permanently withdrawn from agriculture. In individual cases this may lead to
endangering the existence of farms whose land areas are particularly affected by the
Rural road along State Highway S 255 provides access to agricultural areas in the Thierfeld vicinity.
Infrastructure measures | 53
Remedy through special operations
under sec. 87 of the Land Consolidation Act (FlurbG)
If expropriation of the affected land is possible under sectoral law for the proposed
project, an enterprise land consolidation can be initiated at the request of the expro-
priation authority. The prerequisite is that the impending loss of land can be spread
across a larger group of landowners or that through the proceeding, disadvantages
for general land improvement (thus for instance fragmentations, unfavourable plot of
land parcel shapes) are to be avoided. This proceeding offers the opportunity for land-
owners, farmers and foresters, the communes, nature conservation, and others to
gather and agree among themselves on the best possible way. The various interests
can be taken into consideration as early as the planning process. Later corrections have
often been avoided during planning this way. Land losses associated with new con-
struction impact not just individuals, but can be distributed over many owners. Through
clever land management and the exchange of land areas in the proceeding area, land
takings are often even completely avoided. The body responsible for the project
assumes the majority of the proceeding’s costs in contrast to other land consolidation
Expanded paved road in the Reichenbach-Falken land consolidation proceeding; photo: Reichenbach-Falken Community of Participants
Construction of a rural lane in the Langenhessen
photo: Langenhessen Community of Participants
54 | Infrastructure measures
The rural lane network is an important part of the road network. It generally involves
open field and forest lanes. The primary function of these lanes is to provide access to
agricultural and forestry areas. However today they also serve as hiking and bicycling
paths or as connecting lanes between individual towns. This multifunctional use con-
tributes significantly to the improvement of living conditions in the country.
In many land consolidation proceedings the community of participants replans rural
lane network from the ground up. The lanes are expanded to meet today’s demands.
In this connection the large technology used by the operations imposes significant
demands on route planning and design of the lane network. Various types of expansion
are applied depending on the lanes’ function. It is important here the not just the needs
within the land consolidation proceeding are taken in to consideration, but also that
optimum connections to the lanes occur extending beyond the proceeding area. The
rural lanes are generally dedicated as public roads. An important precondition for
proper and above all lasting maintenance is thereby created.
The land regulation need in is particularly great where the agricultural production
cooperatives (LPG) in the GDR built or repaired rural lanes without attention to, and
regulation of, existing ownership rights. Unclear ownership and use rights result from
this. For affected owners this means that they still cannot fully use and access their
plots of land even today. The reorganisation of land holdings proceeding uses land
regulation to restore legally compliant conditions.
Asphalt-paved rural lane in the Erlau cadastral district
Infrastructure measures | 55
Construction of a rural on Schönberg farmland
56 | Examples from practice · Infrastructure measures
The major county town of Radeberg lies north east of Dresden on the south-
western edge of Bautzen County. The first documented mention of Radeberg was
in 1219. Franconian and Thuringian peasants populated the land around the
Röder River and made it arable. Two hundred years later the market town was
awarded a town charter. Today Radeberg is known far beyond the state borders
of Saxony for its traditional specialities. Thus “Radeberger” is one of the oldest
brands of beer in Germany brewed Pilsener style. “Heinrichsthaler” cheese claims
to have been the first in Germany that could produce the French cheeses Cam-
embert and Brie.
About the initial situation
The expansion of modern, efficient roadways often brings a great loss of previously
undeveloped area with it. Among other things that leads to losses of income in the
affected agricultural and forestry operations.
State Highway S 177 is an important major traffic route between the cities of Pirna and
Radeberg. The route’s expansion and new construction will increase its efficiency, traf-
fic quality and safety. At the same time a north-east by-pass between federal highways
A 4 and A 17 is being created. An efficient traffic network between mid-central Hoyers-
werda, Kamenz, and Pirna, and upper-central Dresden, from which the regional econ-
omy is benefiting, is emerging in connection with S 95.
An approximately six kilometre long subsection of S 177 was designed and since
expanded as a local by-pass for Radeberg and the district of Großerkmannsdorf. The
new street including ancillary facilities and compensatory measures for nature con-
servation required about 64 hectares in this section alone. That corresponds to an area
of around 80 soccer fields. It became clear in the planning procedure that not all of
the necessary land could be acquired through private purchase so that some landown-
ers were threatened with expropriation.
Expansion of S 177 —
Radeberg/Großerkmannsdorf local by-pass
Overview map of S 177’s location in the greater
source: GeoSN, edited: State Office of Environment,
Agriculture and Geology
“S 177 OU Radeberg / Großerkmannsdorf” land
consolidation proceeding, Bautzen County
Examples from practice · Infrastructure measures | 57
In comparison to expropriation, an enterprise land consolidation interferes less in
private property. The goal of this proceeding is to distribute land loss over a larger
group of owners. That means that no longer just the individual owners whose plots of
land lie under the marked-out section or the ancillary facilities, but all participants in
a correspondingly large proceeding area jointly provide the necessary area. In return
they receive appropriate monetary compensation from the future owner of the facility.
When the individual no longer has to give up much, but many have to give up a little
area, threats to livelihood can be avoided.
The drawing of marked-out sections progresses independently of the current land
structure. The planning of marked-out sections is oriented towards the terrain profile,
the nature area, the necessary traffic related connections, the state of the subsoil, and
many other aspects. The responsible road construction body would buy up either par-
tial areas or entire plots of land in a private acquisition of the marked-off areas.
However the acquired areas would not exactly correspond to the marked-out section
and would thus deviate from the areas actually needed. Unfavourably shaped plots of
land can arise for the owners. The development of the remaining space is no longer
guaranteed in every case. The advantage of a land consolidation proceeding is, among
other things, that owners willing to sell in the proceeding area can also be purchased
outside of the marked-out section or the ancillary facilities. A land exchange takes
place through the land regulation during which the body responsible for road building
receives the marked-out sections including the ancillary facilities. Owners who do not
want to sell can be compensated with areas in another location. Land loss for indi-
viduals can thus be held to a minimum.
Water storage located in the construction;
photo: S 177 OU Radeberg/Großerkmannsdorf Community of Participants
Creating a new access road parallel to the local by-pass;
photo: S 177 OU Radeberg/Großerkmannsdorf
Community of Participants
58 | Examples from practice · Infrastructure measures
Detail from the land consolidation area with the local by-pass under construction and the land layout current at the moment;
source: S 177 OU Radeberg/Großerkmannsdorf Community of Participants
Examples from practice · Infrastructure measures | 59
Landscape after the expansion of S 177
Landscape before the expansion of S 177;
photo: S 177 OU Radeberg/Großerkmannsdorf Community of Participants
60 | Examples from practice · Infrastructure measures
resident in Radeberg, Großerk-
“The new S 177 is a huge relief for us residents in
Großerkmannsdorf. Before, all commuter traffic
from Pirna and the Oberland went past us
through the place. Nothing could get across the
road any more. The big milk lorries for the dairy
plant in Leppersdorf came after 5 on Sunday
afternoons. The stress from noise and exhaust
was enormous. I lost quite a lot of land because
of the new street too. But the local by-pass is a
big benefit for us. I use S 177 myself.”
At the suggestion of the Meißen Road Construction Office as the body responsible for
road construction, the Dresden Regional Council requested the initiation of an enter-
prise land consolidation in 2003 as the competent expropriation authority. In the cur-
rent proceeding, no compulsory purchase is expected to occur, since according to
current knowledge, all areas can be acquired privately in the generously demarcated
The new marked-out section cuts through numerous areas previously connected in
their use. Uneconomical plots of land frequently emerge. The new street interrupts
existing lanes or bodies of water, which disrupts drainage and improvement on the
plots of land is rendered difficult. Land management is made difficult for the affected
farmers and economic losses arise. As managers of the areas, they have to take longer
detours into account for instance to even get to their fields. This transsection damage
will be avoided or at least mitigated by adjusting land boundaries to the new terrain
and use structure, a new route concept, and by pooling plots of land. At the end of the
process all the plots are measured and secure access is available.
Road and facilities construction can begin even during the very extensive and compli-
cated land consolidation proceeding. Measures intended to promote nature conserva-
tion can also be sensibly implemented at other places in the proceeding area. So one
of the piped trenches from “Walter’s Teichen” was exposed and renatured up to the
Schwarze Röder. This project served as a compensatory measure for the road construc-
tion. With restoration of the near-natural flowing water and the creation of a near-
nature water storage area, flood protection for the Radeberg locale is also improved.
A planting in the riparian area is being further enhanced.
The “Way to Mittelmühle” was expanded on behalf of and at the expense of the community of participants.
In return they were able to lay claim to subsidies;
photo: S 177 OU Radeberg/Großerkmannsdorf Community of Participants
Examples from practice · Infrastructure measures | 61
Other measures not connected with the new road but in the interest and financing
possibilities of the community of participants can also be conducted in special opera-
tions proceedings. This mainly concerns the expansion of existing roads beyond the
marked-out section. They provide access to farming and forestry plots of land and are
also used by the local population for recreational purposes. It was also possible to
implement such measures in this proceeding.
The chairman of the Community of Participants is elected from their own ranks by the
owners and leaseholders of the plots of land involved in the proceeding. This ensures
that the participants are directly involved in the proceeding. Their local knowledge and
spatial and social proximity to the other participants is used to design an optimal road
and drainage network. That provides for acceptance in implementation of the adopted
measures. Co-operation with the commune and other public bodies is also very impor-
tant to optimally adjust various planned measures.
Of course no “new” area may be created during a special operations proceeding because
land is a limited commodity. But the effects of a large building project such as the
rerouting of state motorway S 177 are reduced for the participants by appropriate land
Steffen Gröber, managing director
of the agricultural company
“An der Dresdner Heide GmbH &
Co. KG” and community of partici-
pants board member
“The loss of agricultural land is economically very
stressful for us as an agricultural operation.
This is because the new S 177 causes us not only
loss of owned land, but also of leased land.
But through land consolidation, the plots of land
are adjusted to the new use and farm roads are
better expanded. This brings advantages for field
trips with our technology in terms of time and
stress on the machines.”
The opening to traffic on the S 177 subsection, local by-pass Radeberg–Großerkmannsdorf in December 2008
62 | Examples from practice · Infrastructure measures
The commune of Erlau lies in the Erzgebirge foothills near the castle and the
Kriebstein dam. 3,500 inhabitants live in the nine districts on an area of 3,800
hectares. Agricultural production characterizes the landscape and the commune’s
economic structure. The Waldhuf town of Crossen has been a district of the Erlau
Commune since 1994.
About the initial situation
Roads existing in and around Crossen before land consolidation was ordered were
partly in an inadequate structural condition, ran over private property, or provided only
partial access to areas to be cultivated. In particular, plots of field land south of the
locale and the plots of forest land were poorly accessible. Moreover connecting roads
were lacking. Cultivation was done in large felling areas.
In co-operation with owners and residents of Crossen, an economically and ecologically
sound road network should be established to ensure adequate land access and to
permit optimal management.
The chairman of the community of participants elected by the landowners is tasked
with planning and implementing this road network under the Land Consolidation Act.
The road and water plan was developed in co-operation with the land consolidation
administration, the communal administration, local businesses and citizens. In addition
to the renovation of existing roads, rerouting was necessary to consolidate the existing
road network. It was possible to begin realizing the planned measures even during the
land consolidation proceeding.
Crossen breaks new ground
“Crossen” land consolidation proceeding,
Mittel sachsen County
Examples from practice · Infrastructure measures | 63
View of Crossen
“Plattenweg II” — section with asphalt surface
“Südlicher Querweg” — section with a paved surface
of concrete blocks
This road was rerouted and expanded. It crosses existing roads running north out of
the locale. The road network has been consolidated using this cross connection to give
better access to the plots of field land. In addition, a shift of agricultural traffic from
the locale into the field location is possible. Through the community of participants,
this road was first established up to north-eastern tip of the proceeding area and
provided with a turning area. The plots of land could thereby be opened up within the
proceeding area. That was the declared goal of the community of participants.
In subsequent years, the commune from the locale of Schweikershain (outside the
proceeding area) created a connection to the Nördlicher Querweg. Both projects were
subsidized via the “Integrated Rural Development” Directive. Through co-operation
between community of participants and commune, it was possible to combine both
projects, which sensibly complement one another and yield an overall concept.
“Plattenweg” and “Südlicher Querweg”
Opening up the southern field land consisted almost exclusively of local connection
ways that served general traffic. Existing roads and streets were absorbed into the new
road concept as a backbone and the road network compacted. Such an already existing
road was inadequately secured with concrete slabs. In consequence of this, this “flag-
stone road” was continually extended and compacted in the side area. On the existing
route it was ultimately thoroughly expanded and secured with asphalt to enable it to
withstand the heavy loads. The expansion enabled the road width to be minimized.
The “Southern Diagonal Road” between the “flagstone road” and two additional local
connection roads was rerouted and expanded. The locale and main traffic roads are
relieved of agricultural traffic through this diagonal connection. Shorter travel dis-
tances and travel times are now possible.
64 | Examples from practice · Infrastructure measures
Crossen road network with newly created roads; source: Crossen Community of Participants, LfULG
Existing, unpaved road
New asphalt road
New paved road
New gravel road
Examples from practice · Infrastructure measures | 65
Kindergarten outing on the “Nördlicher Querweg”
Crossen cadastral district
“Stichweg” before the expansion;
photo: Crossen Community of Participants
“Stichweg” after the expansion
The “Stichweg” also opens up the plots of land west of the railway line south of Cros-
sen as well. It was expanded as a gravel road and runs on a historic road connection
over the railway line from Mittweida to Waldheim.
Compensatory and substitution measures serve nature conservation and
Expansion and compaction of the road network represent interventions in the eco-
system. There is a legal obligation to refrain from interventions or, if that is not pos-
sible, to limit them to a minimum. The deficit thereby arising in the ecosystem must
be compensated. Since the proceeding area is depicted as an area cleared of natural
landscape, compensatory measure target the creation, restoration, and development
of biotopes. This is intended to structure the landscape and link the habitats. Erosion
protection was a significant aspect of planning. Two selected measures will be briefly
Planting “Am Schusterberg”
Soil with especially sparse plant cover was repeatedly washed away during heavy
rainfall on the north-western edge of the proceeding area. In the worst case, the tor-
rentially flowing mass of mud and water threatened to impair the drainage system and
adjacent residential development. A woodland planting was therefore laid out at the
lower edge of the field. This stabilizes the slope, slows down rapidly flowing surface
water, and stops washed-off soil. Meanwhile the planting has developed well, fulfilled
its intended purpose, and provided habitat for small organisms.
66 | Examples from practice · Infrastructure measures
The existing access road to the former manor had become unnecessary due to demo-
lition of the buildings. Wind and water influenced the surrounding farm land. In the
process of land consolidation, the community of participants’ board decided to make
expendable road area available to the ecosystem. In the spring of 2004, the paved
gravel roads were loosened and the material partly removed. On the old road route, a
multi-row hedge with small, individual trees was laid out to a length of 400 metres.
Since it had never been previously possible to cultivate the marked-out section either,
the planting did not impair the agricultural economy. This hedge structured only the
Experience from recent years has shown that the measure successfully protects against
wind and water erosion. This strip of nature has meanwhile established itself as a refuge
for many small animals and also offers larger animals protection in the field land.
View toward the Erlau cadastral district
Planting on the “Rittergutsweg”
New planting layout on the “Rittergutsweg”;
photo: Crossen Community of Participants
Land regulation and land management | 67
Land consolidation proceedings do a lot of good. Rural roads are built, flood
protection measures implemented, trees planted, or bodies of water renatured.
Everyone can immediately see the success. The actual service of land consolida-
tion almost always remains invisible: land reorganisation. It includes the reor-
ganisation of plots of land, the elimination of contradictions between the real
estate cadastre and actual use, the re-measurement of all plot boundaries, and
finally the legal documentation of ownership rights in the public books.
Why does Saxony need land regulation?
The historical land parcel structure in Saxony is varied.
The history of Saxon settlement has produced different land parcel structures. More
or less strict legal limitations on divisibility since 1560 had the positive effect that
comparatively quite large plots of land predominate in Saxony today. So there are
closed estates in Waldhuf villages (e.g. in the Ore Mountains) with 30 hectares or more
of contiguous area. The large “Presseler Heidewald- und Moorgebiet” nature conserva-
tion project lies in the Düben Heath nature park north-east of Eilenburg in the com-
munes of Doberschütz, Laußig, Dreiheide, and Trossin.
Land reform in 1945 and 1946 had a drastic effect in Saxony. In particular, forest areas
were then allocated in very fragmented manner. Today they are generally not acces-
sible via roads and are marginally useful considered in themselves.
Ownership and actual use do not agree.
Use and ownership rights often conflict precisely in the country. This is mainly because
of the legal situation and administrative practices in the GDR. The agricultural produc-
tion cooperatives had an extensive use and layout rights to the land brought in by the
members. Thus they could change the type of use and the road network, conduct land
Land regulation and
68 | Land regulation and land management
improvement, or construct new buildings. These changes were often not transferred
to the land register, let alone regulated according to property rights. It was even com-
mon to remove existing, “distracting” boundary markers.
So today there are houses or roads on other people’s plots of land, streams are rerouted,
and the owners often no longer know the exact location of their land. Over 4,000
officially directed proceedings based on the Agricultural Adjustment Act adopted by
the GDR parliament in 1990 were conducted to rule on these grievances in Saxony.
Nonetheless a considerable need for land regulation still exists in all parts of Saxony.
This always comes belatedly to light when areas are required for the implementation
of projects or plots of land are no longer accessible due to lack of roads.
Current requirements often lead to competing use claims.
Land is a limited commodity. It cannot therefore be ruled out that various users want
or to need to have access to the same areas. Thus the interests of agriculture must be
weighed against those of expert planning. Here solutions must be developed that
guarantee an equitable balance of interests. Possibilities of reorganising the affected
areas, the provision of substitute land, or the distribution of land loss on several shoul-
ders must be included when finding the solution.
How can land regulation help?
Rural land ownership can be reorganized through land consolidation.
Here as needed:
the shape of plots of land can be changed,
plots of land can be combined,
areas are provided for expert planning (such as nature conservation,
road construction, and flood protection),
areas are laid out corresponding to different intended uses, and
already existing use relationships are regulated under ownership law.
Optimal results are achievable here only when participants (landowners, community,
government agencies, associations, and companies) collaborative actively. The Land
Consolidation Act allows leeway here.
Excavated sample ground as part of the valuation; photo: Zwickau Rural District Office
Land regulation and land management | 69
Due to historical development and many current requirements, there is an, in part,
acute need for comprehensive land regulation in Saxony. It is up to local actors to
recognize this and to select an appropriate land regulation process together with the
land consolidation authorities. The area to be reorganized must be delineated for that
purpose to achieve the desired result quickly and effectively. It is not just a matter of
keeping construction and planting projects in mind, but also drawing the positive
effects of land regulation into the considerations. Thus it can make more sense to
conduct small, quick proceedings without large construction measures when other
private and public plans can be initiated or accelerated via early land regulation.
Jan Feige, senior surveying councillor and
former chairman of several communities of participants
70 | Examples from practice · Land regulation and land management
Nieder Seifersdorf is a district of the Waldhuf commune. The town lies directly
on the A4 motorway in the eastern part of Oberlausitz. At the beginning of the
20th century the river bed of the Schwarzer Schöps, a tributary of the Spree, was
moved within the locale of Nieder Seifersdorf. A ruling on property rights was
not subsequently forthcoming. The plot of land, to which the cart path provided
access, is now receiving a legally secured access road 100 years after the river
About the initial situation
Nieder Seifersdorf is a typical elongated Waldhuf town. The Schwarzer Schöps is a
first-order body of water. It flows parallel to Dorfstraße and thus along the building
development through the village. The bed of the originally, sharply meandering river
was partially filled in after its relocation. These areas were in part immediately used
for access ways to the plots of land. Agricultural farmyards, which were accessible via
the cart way, laid to the south until the river was relocated and received their new
accesses via the Schmiedeweg located to the North West.
The new course of the Schwarzer Schöps was not surveyed again with a few exceptions.
That is why the current use was discontinued in the land and cadastral registers. Thus
legal security of ownership is lacking for both the public and private owners of plots
of land, which is the basis for the rights and obligations arising from ownership. This
is especially true for the affected road and water plots.
Ownership rights along
the Schwarzer Schöps
reorganized in Nieder Seifersdorf
“Nieder Seifersdorf ‘Schmiedeweg’” land con-
solidation proceeding, Görlitz County
Examples from practice · Land regulation and land management | 71
Extensive need for clarification existed especially for the communal administration,
because the Schwarzer Schöps flows through several places in the Waldhuf commune.
Thus a similar initial situation exists in the Jänkendorf locale along the Schwarzer
Schöps, which also needs comprehensive regulation.
A private legal ruling for these complex ownership structures was not an option. For
one thing the surveying costs would have been enormous. For another the associated
surveying and notary costs would have borne no reasonable relationship to the market
value of some of the plots of land.
Already in the 1990s, the Waldhuf commune had been seeking a solution to clarifying
the property and ownership rights for the Nieder Seifersdorf locale. However the
Kamenz Office of Rural Land Regulation at the time did not see itself in a position to
order another comprehensive land consolidation proceeding under secs. 1 and 37 of
Land Consolidation Act for this commune. A land consolidation proceeding had already
been conducted in the Jänkendorf locale at this time. In addition the planned proceed-
ing area in Nieder Seifersdorf would have comprised an area of more than 1,600 hec-
tares. However the commune’s interest was, primarily to find a quick ruling on owner-
ship rights in the locale. Precisely that would not have been possible with an extensive
Schwarzer Schöps in the Nieder Seifersdorf locale
Originally planned proceeding area (red) and actual
proceeding area (green);
source: Nieder Seifersdorf “Schmiedeweg” Commu-
nity of Participants
72 | Examples from practice · Land regulation and land management
Some ten years later the ownership rights still were not regulated, so the commune
had another go at ordering a land consolidation proceeding. To be able to reach a
timely solution for the commune and affected owners, a proceeding was ordered that
restricted itself entirely to land regulation and completely dispensed with building
The simplified “Nieder Seifersdorf Schmiedeweg” land consolidation proceeding under
sec. 86 of the Land Consolidation Act was ordered on June 18, 2007. It encompasses
an area of around five hectares. The objective in this proceeding consists exclusively
of regulating legal property rights. Since construction measures were not necessary,
it was possible to dispense with a road and water plan. As a further simplification, the
all of the plots of land in the entire proceeding area were valuated uniformly. This saved
a lot of time, reduced effort, and allowed execution costs to be considerably reduced.
During the course of the simplified land consolidation proceeding, land parcels were
allocated to the owners according to actual use. The allocation decisions of the Federal
Office of Central Services and Unresolved Property Issues (BADV) were implemented.
Prior to the land regulation, actual local use disagreed with the contents of the real
estate cadastre. For instance a different purpose had been applied to the former water
plots by the adjacent property owners. The extensive need for rulings in this area
becomes clear in the comparison of the actual use and border lines hitherto kept in
the real estate cadastre.
The survey of the entire area, including demarcation of the boundary points was made
in the years 2010 and 2011. Actual local use and the information in the real estate
cadastre and land registers match after the final takeover.
Access road to the former river bed
Detail of the proceeding area showing the ownership structure before (left) and after (right) land regulation;
source: Nieder Seifersdorf “Schmiedeweg” Community of Participants, LfULG
Examples from practice · Land regulation and land management | 73
Detail of the proceeding area before land regulation with the Schwarzer Schöps original course (left) and its current course (right);
source: Nieder Seifersdorf “Schmiedeweg” Community of Participants
The commune took over the community of participants’ full share of personal contri-
bution in the amount of eleven per cent of the cost of execution. Execution costs will
lie around 3,000 Euros by the end of the proceeding.
The land consolidation plan was announced in 2012. The correction of public records
and the final determination are expected to take place by 2013. Thus, the proceeding
is completed within a relatively short processing time with the legal validity of the land
Thus it was possible to establish functional boundaries in this area of Nieder Seifersdorf
100 years after the rerouting of the Schwarzer Schöps and to account for legally secure
property in public and private sectors.
74 | Examples from practice · Land regulation and land management
Thiendorf is a locale in the commune of the same name. It is located in northern
Meißen County. This area is nestled in the hilly landscape of Großenhain Pflege.
The street village is characterized in particular by its direct location on motorway
A 13 and federal road B 98.
About the initial situation
The possibilities for expanding production are limited for horticultural farms. The sites
are often located directly in the locale. It is practically impossible to make additional
areas available due to these location conditions. The resulting lack of development
prospects associated with that threatens the existence of such operations. The Saxon
State Ministry for Environment and Agriculture and the State Horticultural Association
of Saxony e. V. were already looking for solutions at the beginning of the 1990s.
get a new home —
Thiendorf gardener settlement
Map before (left) and after (right) of the reorganisation of land holdings proceeding;
photos: Thiendorf Community of Participants
“Thiendorf” land consolidation proceeding,
Gardening operation A
Gardening operation B
Gardening operation C
Gardening operation A
Gardening operation B
Gardening operation C
Land parcel division at the
beginning of the proceeding:
Land parcel division at the
Examples from practice · Land regulation and land management | 75
Especially in cities, the competition is great and the available land scarce. So it is
important for horticultural farms to obtain suitable areas mainly in rural environs.
However these areas in the outer region are often neither accessible nor are the plots
of land shaped to meet the requirements.
In the example shown here, it was two horticultural farms settled respectively in the
Thiendorf locale and the city of Dresden in spaces that were too small at the beginning
of the proceeding. No space was available at the original location for urgently needed
investments, including the additional production areas required for this.
In 1995, the Kamenz Office of Reorganisation of Land Holdings initiated a simplified
land consolidation proceeding under sec. 86 of the Land Consolidation Act to provide
these areas. On a formerly intensively farmed area of only 50 hectares, the prerequisites
for settlement and resettlement of horticultural farms were created.
The location of the gardener settlement is optimal in particular due to the direct prox-
imity to motorway connection A 13 as well as to federal road B 98, the very short
distance to the city of Dresden, and optimal access to the already existing commercial
area. The low prices of land and low development costs have facilitated the decision
of these farms to resettle.
The legal ownership prerequisites were created for four potential horticultural farms
on an area of 20 hectares. In the northern proceeding area, external access was created
for the remaining 30 hectares as a reserved area for further horticultural farm settle-
ments. Due to the small size of this targeted proceeding, a total of only 18 participants
were members of the community of participants under the Land Consolidation Act.
View of the gardener settlement in Thiendorf; photo: Matthias Löwig
76 | Examples from practice · Land regulation and land management
The entire 50 hectares of the proceeding area were originally used intensively for
agronomy as a felling area. For the new intended use therefore, a network of roads
was to be planned for access to the horticultural farms. Four agricultural roads were
expanded as a result. It was possible to create windbreaks to minimize the great dan-
ger of wind erosion. A well facility created by the community of participants serves to
irrigate the areas used for horticulture. This facility passed into the ownership of the
four horticultural farms at the end of the proceeding.
The Thiendorf land consolidation proceeding was completed in 2001 after just six years
of preparation time as the first proceeding under the Land Consolidation Act in Saxony.
A glimpse into the future
The horticultural farms draw primarily upon flowering plants during the winter months.
The energy required to produce the necessary heat, and the associated costs, are enor-
mous. Previously mainly oils and animal fats served as fuels. A biogas plant should
now remedy the situation. This facility was to be built on part of the site of operation
A by the end of 2011 and was to provide the heat required for two of the three opera-
tions. Surrounding agricultural operations will deliver the required biomass.
View of the Thiendorf gardener settlement
Mitigation of mining consequences | 77
In the mid 19
century, lignite had already become one of the most important fuels
as well as raw material for many branches of industry. Without these resources,
especially in central Germany, rapid growth would not have been possible, par-
ticularly in the chemical industry. Former and active lignite coalfields in Saxony
are located especially in the greater Leipzig area and in Lausitz. The raw material
lignite was obtained in these regions’ mining operation. Gigantic areas were
claimed for digging. The necessary power plants and processing industry settled
in the vicinity of these deposits. The great demand for lignite finally led to the
disappearance of entire towns and countrysides to make way for the lignite. The
natural scenery was radically changed in consequence.
What comes after the lignite?
The significance of lignite declined after 1990. After the reunification of Germany, most
of the mining areas and processing plants were shut down. It became necessary to
rehabilitate these areas in this connection. Meaningful follow-on uses had to be con-
ceived and implemented. The Lausitzer und Mitteldeutsche Bergbau-Verwaltungsges-
ellschaft mbH (LMBV) was faced with a big task. Old, existing plants were generally
dismantled and scrapped. Flooding concepts for newly developing lakes and reservoirs
were worked out. The Lausitzer und Mitteldeutsche Bergbau-Verwaltungsgesellschaft
mbH redesigned entire new landscapes. Huge lakes, new road networks, waterways,
buildings, and other facilities emerged — but initially largely ignoring actual ownership
rights. Integrating these new landscapes into the existing environment was a crucial
task. In addition to vast expanses of water, the soils were processed in complex proc-
esses for agronomic (re) use. Other areas are being reforested or left to themselves so
that diverse flora and fauna can develop. The vast lake landscapes are of interest for
Mitigation of mining consequences
Remediation ship on Haselbacher See; photo: LMBV
78 | Mitigation of mining consequences
The measures exercise a not inconsiderable influence on the development of these
regions. These processes still continue today in part. The Lausitzer und Mitteldeutsche
Bergbau-Verwaltungsgesellschaft mbH thus implements renovation concepts over the
decades in many former mines. This is a long road since many different interests are
pitted against one another. The Lausitzer und Mitteldeutsche Bergbau-Verwaltungs-
gesellschaft mbH has the statutory mandate to fully utilize the areas on completion
of the respective remedial measures.
Actual use and the real estate cadastre are in contradiction.
The profound changes led, among other things, to the fact that information in the real
estate cadastre does not agree with current actual use. A considerable need for land
regulation resulted from this, which the Lausitzer und Mitteldeutsche Bergbau-Ver-
waltungsgesellschaft mbH could not manage on its own. It therefore sought an appro-
priate partner in order to find economically viable solutions for these tasks. The land
consolidation administrations ultimately offered aid and support.
The solution: land consolidation
Currently 23 land consolidation proceedings with a proceeding area of about 37,000
hectares are being conducted in Saxony alone. This corresponds to around 2,200 soc-
cer fields. That means that a land consolidation proceeding encompasses an area of
around 1,600 hectares on average.
These proceedings are effective and economical. Due to these massive changes, which
are the consequence of decades of lignite mining, the property is hardly usable for the
owners any more. Even the Lausitzer und Mitteldeutsche Bergbau-Ver wal tungs gesell-
schaft mbH, which possesses the better part of the areas, has considerable problems
with this. Often only partial areas can be handled during sales or for leasing since the
parcels’ existing structure no longer suits the current situation. The new plots of land
are therefore completely reshaped in the land consolidation proceeding based on the
areas’ actual use.
Holzweißig land consolidation proceeding, Lake Paupitzsch; photo: LMBV
Mitigation of mining consequences | 79
Land consolidation is used specifically in this proceeding. Here the focus is on reor-
ganisation and securing ownership via land reorganisation. Close co-operation between
the Lausitzer und Mitteldeutsche Bergbau-Verwaltungsgesellschaft mbH and the land
consolidation authorities is indispensible here. The various interests of the old and new
owners, farmers, communes, nature conservation, and other partners must be consid-
ered. One of the proceedings’ great benefits proves to be that the new users can be
very quickly be brought into possession of the new plots via a temporary livery of
Clear, and thus ensured, ownership rights are the fundamental precondition for a
durable economic, social, and close-to-nature development of the former lignite min-
Beate Jährling, Real Estate Administration,
Lausitzer und Mitteldeutsche Bergbau-Verwaltungsgesellschaft mbH, speaker
Haselbach land consolidation proceeding, aerial photograph of the Thuringian beach; photo: LMBV
80 | Examples from practice · Mitigation of mining consequences
The small Thuringian commune of Haselbach lies in the Altenburger Land on the
Saxon state border. A strip mine situated in the immediate vicinity was named
after it: “Haselbach III”. Beginning in 1957, it delivered raw lignite to the sur-
rounding briquette factories for twenty years until the cessation of coal produc-
tion in 1977. A majority of the open pit bottom was filled with spoils and the
reclaimed areas were made arable once again. The abandoned open mine pit,
flooded between 1993 and 1999, has become a popular recreational area.
From lignite mine
to recreational area
Part of the land consolidation area cadastral map (old version) with an aerial photograph as background;
source: GeoSN, LfULG
“Speicher Haselbach” land consolidation
proceeding, Leipzig County
Examples from practice · Mitigation of mining consequences | 81
About the initial situation
In addition to renovation-related issues, ownership issues need to be addressed before
the strip mine can become a recreational area. Following the political transformation,
the Lausitzer und Mitteldeutsche Bergbauverwaltungsgesellschaft mbH became the
owner of plots of land and facilities that had been used for over twenty years for the
extraction, treatment, and reprocessing of lignite and has implemented renovation.
The Lausitzer und Mitteldeutsche Bergbau-Verwaltungsgesellschaft mbH’s task is to
privatize its land holdings. However many plots of land are not marketable even after
mine renovation since the current use does not agree with the existing cadastral reg-
ister. Former roads were eliminated, open watercourses such as the Schnauder relo-
cated, and boundary markers removed. The use of land for mining leads to pronounced
contradictions between ownership and use rights. Their resolution using “traditional”
surveying with private law agreement was eliminated, because the cost of surveying,
notary, and land registry correction would have exceeded possible sale proceeds.
Into the mix came partly unclear ownership rights and difficult ownership determina-
tions, which resulted from the history. Many small parcels have originated due to land
reform. The personal relationship to property has meanwhile been lost due to the “col-
lectivization of agriculture” and large-area management in the GDR. The original own-
ers after land reform are often deceased. Heritage communities with up to 60 people,
whose members are often unaware that they have become property owners, emerged
in the region.
For the design of the abandoned open mine pit mining as a swimming lake with access
roads, parking lots, beach areas, and so forth, compromises among the competing
interests of the adjacent communes, agriculture and forestry, and the owners must
The state border between Thuringia and Saxony runs through the middle of the former
strip mine. Different regulatory responsibilities and procedural practices complicate a
private law solution.
Spreader in the “Haselbach III” strip mine
during the restoration work in 1995;
Haselbacher See, 2009; photo: LMBV
82 | Examples from practice · Mitigation of mining consequences
For the reasons cited above, an officially led approach is needed that respects the
interests of owners, resolves use conflicts, and brings about an adjustment of the pre-
mining ownership structure to current use. That’s why the Lausitzer und Mitteldeutsche
Bergbau-Verwaltungsgesellschaft mbH applied for a simplified land consolidation pro-
ceeding under sec. 86 of the Land Consolidation Act and agrees to proportionately
assume the accruing legal costs.
Since an interstate proceeding under the Land Consolidation Act is involved here, an
agreement was concluded between Saxony and Thuringia in 2002 according to which
the Thuringian areas are handled by Saxon land consolidation management.
The “Speicher Haselbach” Community of Participants is responsible for redesign of the
land consolidation area. However the benefits of the proceeding can only be optimally
exploited through close co-operation between the community of participants, the
Lausitzer und Mitteldeutsche Bergbau-Verwaltungsgesellschaft mbH, the City of Regis-
Breitingen, the farmers, and other users.
It was possible to deal with the owners after extensive research to determine ownership
and a continuation of the land registers. The desires of the owners regarding their
settlement must also be recorded here. Land consolidation law refers to a land waiver
when the owners do not want their own land back after land regulation, but would
rather be compensated with money. The owners’ land waiver declarations establish
additional leeway in terms of re-parcelling the area. In particular agricultural operation
can thus acquire additional agricultural areas in the proceeding.
The land parcels’ boundaries are adjusted to current use. Thus a new boundary and
land parcel layout emerges. A new road network plan has been designed and incorpo-
rated into the ownership structure. The owners receive land of the same value back,
but partly in another location and with a better layout for cultivation.
Inviting view of Haselbacher See — the Ramsdorf locale is in the foreground; photo: LMBV
City of Regis-Breitingen, Finance
“The development of all newly created parcels is
now legally protected. About 20 per cent of the
owners of small parcels have waived a land settle-
ment. Thus there existed sufficient scope for
redistribution. The City of Regis-Breitingen took
over citizens’ co-payment necessary for a subsidy
of the required road construction and compensa-
Examples from practice · Mitigation of mining consequences | 83
Beate Jährling, Lausitzer und
Mittel deutsche Bergbau-
Real Estate Administration
“The main advantage of the proceeding for us lies
in the land regulation. The shapes of the plots of
land can be adjusted to their actual use. I also
highly value the support during the deed search.
A representative can be appointed in the proceed-
ing if it is not possible to discover an owner. That is
very helpful so that the renovation can be contin-
ued. Certainly in the beginning we had other ideas
about the time frame of such a proceeding. Since
then experience has taught us that the multitude
of questions required this period of eight years.
Co-operation with the employees of the Office of
Land Development in Wurzen turned out to be very
constructive and trustful.”
“In the beginning I participated in the proceeding
as an agricultural land tenant without owning any
land in the proceeding area. In the proceeding
I was able to acquire plots of land within my
means and thus augment my agricultural opera-
tion with arable land. These new properties now
form a cohesive management unit along with the
The Lausitzer und Mitteldeutsche Bergbau-Verwaltungsgesellschaft mbH created the
proceeding area’s basic infrastructural development; the community of participants
guarantees the necessary additional land access for the respective owners. The com-
munity of participants’ chairman has also set up a road and water plan in which the
roads’ location and construction type are presented. This was approved in 2009 and is
currently being implemented via construction measures.
Among other things a habitat network is being created between an existing strip of
woods and a larger copse by establishing a meadow with scattered fruit trees for
nature conservation. The resulting networking or the two wooded areas is intended to
compensate for intervention into the ecosystem caused by the road construction
measure. The areas needed for this will be raised from the land waivers and from the
City of Regis-Breitigen’s property.
The state boundary between Thuringia and Saxony crossing Haselbacher See will be
initially retained. However parcels are formed in the course of the proceeding for the
proposed straightening of highly structured state border so that an equal-area state
border straightening can take place between the two states later.
After eight years of the proceeding, the parties have now been provisionally granted
possession of the new land (provisional livery of seisin). The participants were informed
of the new field division. Upon request the new land parcels were explained on the
spot to new owners.
It will take some time until the final conclusion of the proceeding (closing statement).
Already the provisions of the redevelopment master plan have been implemented
relative to land reorganisation. Among other things, a semi-natural lake for the pur-
pose of light tourism taking nature conservation into consideration has emerged.
Local recreation on Haselbacher See; photo: LMBV
84 | Examples from practice · Mitigation of mining consequences
New space for “wilderness”
in the former lignite strip mine
area around Holzweißig
Holzweißig – a district in the city of Bitterfeld-Wolfen – is located north of
Leipzig in the area of Saxony-Anhalt. The lignite mining had already begun there
in 1908 and was ultimately shut down in 1980. Closely associated with the lignite
mining was the economic boom in the Bitterfeld area — especially with regard to
the chemical industry. Today parts of this area belong to Sächsischen Seenland
and to the Goitzsche landscape conservation area.
Overview map of the land consolidation area (red boundary) showing the state border (identified in blue);
Lake Ludwig (top left), Lake Paupitzsch (top right), Lake Neuhaus (bottom); photo: LMBV
“Holzweißig” land consolidation proceeding,
Examples from practice · Mitigation of mining consequences | 85
About the initial situation
Heavy demands were made on the areas used by the near-surface coal mine and they
were radically changed. Entire towns disappeared. The soil was carried away to reach
the valuable raw material — the lignite. It is a great challenge to develop such areas
and make them usable again. The land parcel boundaries as well as the ownership
rights have to be completely reorganized.
After reunification, the Lausitzer und Mitteldeutsche Bergbau-Verwaltungsgesellschaft
mbH accepted the tasks of, among other things, rehabilitating and regulating owner-
ship rights for this former lignite strip mine. As owner of the plots of land and facilities
found there, the Lausitzer und Mitteldeutsche Bergbau-Verwaltungsgesellschaft mbH
is obligated to privatize these areas. However the mining changed the entire area
profoundly and permanently. The functions in the real estate cadastre no longer
reflected the actual uses.
The Lausitzer und Mitteldeutsche Bergbau-Verwaltungsgesellschaft mbH worked out
a restoration plan for the entire former Holzweißig/Goitsche/Rösa strip mining area.
The goal of the renovation consisted in making areas claimed by the mine usable once
again. This also involves the establishment of public safety. To do this it was first nec-
essary to completely reshape the surface of an entire strip of land and make it usable
again. The soil was completely removed down to the deepest layers. The groundwater
had been artificially lowered for operation of the strip mine. Water hoisting was dis-
continued after termination of mining activity and securing of the abandoned open
pits. Thus began the natural flooding of the former strip mine in the proceeding area
whereby today the lakes have formed after completion of the recovery process. Forests
offering a new habitat to animals and plants grow around these lakes. Renovation of
this area had begun even before the political transformation occurred. Mainly black
pine stands were planted at that time. Reforestation, mostly as mixed forest, occurred
after Germany’s reunification.
Paupitzsch cross with boulder
The guardians of Goitzsche; photo: LMBV
The different spelling of Goitzsche or Goitsche
results from the fact that at the beginning of the 20
Century, the “z” had been dropped in the production
of ordnance survey maps. So both names appear
86 | Examples from practice · Mitigation of mining consequences
View across Lake Neuhaus; photo: LMBV
The locality of Paupitzsch, with at that time about 600 residents, was resettled in 1975
for expansion of the strip mine. An iron cross and a boulder were set up on the site of
the former town church in symbolic memory of the disappearance of the locality. Lake
Paupitzsch and its environs have been able to develop into a natural refuge for many
endangered plants and animals since termination of the lignite strip mine. This area
will continue to remain as far as possible inaccessible to the public for the protection
of nature. A total reservation emerged in sub-areas. This area is meanwhile a significant
nature preserve under the Fauna-Flora-Habitat Directive (FFH) as well as a landscape
and nature conservation area.
The entire proceeding area was used as a military training site between 1980 and 1990.
After the political transformation, this area was severely reduced for military uses so
that today only an area to the south and west of Lake Neuhaus serves this purpose.
These areas are already under ownership of the Bundeswehr.
The artwork “Die Wächter der Goitzsche” was born west of Lake Paupitzsch. In connec-
tion with EXPO 2000, artist Anatol Herzfeld created a collection of ten iron figures
grouped in a circle around a boulder. An additional circle with 70 smaller boulders
complements this formation. The guardians watch over the further development of
this post-mining landscape.
Due to the changes caused by the mining activity, it was necessary to adjust the own-
ership structures data entered in the land registers and the real estate cadastre to the
new, actual situation.
Im September of 2002, the Wurzen Office of Reorganisation of Land Holdings then
responsible ordered the “Holzweißig” simplified land consolidation proceeding under
sec. 86 of the Land Consolidation Act in response to the Lausitzer und Mitteldeutsche
Bergbau-Verwaltungsgesellschaft mbH’s application. It essentially encompasses the
area of the former Holzweißig-West lignite strip mine thus stretching across the fed-
eral states of Saxony and Saxony-Anhalt. Of the total of about 1,600 hectares in pro-
Examples from practice · Mitigation of mining consequences | 87
ceeding area, about 1,100 hectares is located in Saxony and the remaining approxi-
mately 500 hectares in the neighbouring state of Saxony-Anhalt. On the basis of an
existing agreement between the states’ two ministers, the Free State of Saxony is solely
responsible for the conduct of this proceeding.
Land consolidation mainly supports the land-reorganisational regulation of ownership
in this proceeding area. Lake Neuhaus, Lake Paupitzsch, and Lake Ludwig are located
in the proceeding area. They comprise a total area of 350 hectares.
Lake Ludwig, Lake Paupitzsch, and the areas adjacent to them pass into the ownership
of the BUNDstiftung. The Stiftung des Bundes für Umwelt und Naturschutz Deutsch-
land e. V. (BUND) pursues in particular the goal of ensuring environmental protection
and nature conservation. The transfer of ownership to these areas will thus ensure
their long-term safeguarding as nature conservation spaces and as an area for the
development of a “wilderness”. In the Goitzsche landscape park bordering on the north
east however, further development is targeted at national tourist recreational use.
After the valuation in 2004 and the desired schedule dates in 2006, a reorganisation
draft was created a year later. Surveying and demarcation of new boundaries followed
in 2008. The land consolidation plan was drawn up and approved in 2010. The property
law issues are thus settled. Now the proceeding only needs to be formally concluded.
A memorial stone to land consolidation was unveiled in the presence of the Saxon state
minister for environment and agriculture, Frank Kupfer, and the manager of the Lausitz
and Central German Mining Administration Company mbH, Dr. Mahmut Kuyumcu, at
the March 2011 handover ceremony of the execution order. All of the visitors who visit
this region today to hike, bicycle, or to observe nature will be reminded that without
land consolidation, the regulated use of the strip mine landscape would not have been
Ceremonial handover of the Land Consolidation Memorial Stone
(State Minister Frank Kupfer, Ulrich Fiedler, 1
Deputy Mayor of the Nordsachsen Rural District Office,
and Dr. Mahmut Kuyumcu, CEO of LMBV — from right to left); source: SMUL
88 | Contacts
Supreme Land Consolidation Authority
Sächsisches Staatsministerium für
Umwelt und Landwirtschaft
Referat 24 – Ländliche Entwicklung
Telephone: +49 351 564-2298
Fax: +49 351 564-2249
Superior Land Consolidation Authorities
Landratsamt Bautzen, Dezernat 1
Amt für Bodenordnung – Flurneu ordnung
Telephone: +49 3578 7871-62400
Fax: +49 3578 7870-62400
Abteilung 3 – Umwelt, Ländliche
Referat Ländliche Entwicklung
Telephone: +49 3735 601-6233
Fax: +49 3735 601-6236
Georgewitzer Straße 42
Telephone: +49 3585 44-2900
Fax: +49 3583 5403-2901
siehe Landkreis Zwickau
siehe Landkreis Bautzen
Amt für Ländliche Entwicklung
Lüptitzer Straße 39
Telephone: +49 3425 8565-1501
Fax: +49 3425 8565-1509
Amt für Geoinformation und
Abteilung Bodenordnung und
Telephone: +49 341 123-5072
Fax: +49 341 123-5015
Telephone: +49 3522 303-2161
Fax: +49 3522 303-2160
Referat Integrierte Ländliche Entwicklung
Telephone: +49 3431 74-1600
Fax: +49 3431 74-1607
Email: poststelle.ile@landkreis- mittelsachsen.de
Contacts | 89
Amt für Ländliche Neuordnung
Telephone: +49 3423 7097-3202
Fax: +49 3423 7097-3210
Landkreis Sächsische Schweiz-Osterzgebirge
Landratsamt Sächsische Schweiz-Osterzgebirge
Referat Ländliche Entwicklung,
Schloßhof 2/4 (Haus SF)
Telephone: +49 3501 515-3308
Fax: +49 3501 515-3309
Amt für Wirtschaft, Bildung, Innovation
Sachgebiet Ländliche Entwicklung
Bahnhofstraße 46 – 48
Telephone: +49 3741 392-1949
Fax: +49 3741 392-41940
Amt für Ländliche Entwicklung und
Telephone: +49 375 4402-25601
Fax: +49 375 4402-25609
Reorganisation of land holdings
Ländliche Neuordnung Sachsen
Telephone: +49 35242 6691-0
Fax: +49 35242 6691-99
Saxon State Office of Environment and Agriculture Geologie
Pillnitzer Platz 3, 01326 Dresden
Telephone: + 49 351 2612-0
Fax: + 49 351 2610-1099
Department of Environment, Agriculture, Rural Development Policy Affairs
Telephone: + 49 351 2612-2301
Fax: + 49 351 2612-2399
Department of Agricultural Law Enforcement, Advancement
Telephone: + 49 351 8928-3108
Fax: + 49 351 8928-3099
Title image: Stefan Greeb (celandine), Jürgen Sobczyk (Nochten mine);
Page 13: Burkhard Puhlmann
Design and layout:
Sandstein Kommunikation GmbH
Lingua World, Dresden
17 Aug. 2012
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