danemarca cadastru

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  • 8/13/2019 Danemarca cadastru

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    Environmental and Nature Land

    Consolidation

    As from the early 1980s land consolidation has increasingly been used to implement projects on

    nature restoration and afforestation. The land consolidation process serves to reconcile typicallydiverging interests of environmental regulation and modern agricultural production.

    During the last twenty years several Naturerestaution and afforestation projects have been

    implemented through land consolidation projects and with the support of land banking activities.

    One particular example is the Skjern River Valley with a project area of around 2200 hectares. Theland consolidation process was initiated in 1991 and only accomplished in 2000 after a sequence of

    seven separate land consolidation projects.

    The negotiation of compensation and re-organisation of land is performed as a land consolidation

    project. It is part of the strategy that agreements with farmers shall be reached on a voluntary basis.

    However, there is a provision to apply expropriation in exceptional cases where almost alllandowners participate on a voluntary basis.

    Infrastructure, main roads

    The principles of land consolidation are also applied in the process of construction of major roadsand highways.

    The objective is to reduce the structural damage inflicted on the farms. The expropriation

    commission has narrow mandate to expropriate only the land that is needed to the construction

    together with only small adjacent land parcels.

    The principle is that re-organisation of land beyond this scope can only take place on a voluntary

    basis. The expropriating authority / commission therefore applies land consolidation to explore the

    scope for voluntary land consolidation in the vicinity of the road in order to ease the structural

    damage on the concerned farms.

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    Land consolidation, thereby, becomes part of compensation and conflict resolution. All property

    alterations are made legally effective by the ruling/judgement of the expropriation commission. Cost

    of land consolidation is part of the project.

    Land banking

    The prospects of compensating farmers in alternative and better located land is a critical pre-

    requisite to voluntary agreements. As virtually all land in Denmark is privately owned it is necessaryto purchase land actively on market terms with the purpose to have such land in store for for

    subsequent compensation.

    The Land Acquisition Act empowers the Land Consolidation Division to purchase agricultural landin areas adjacent to locations where land-related public interventions are envisaged. The sale of such

    state owned land happens in the land consolidation project that implements the project. This secures

    land for the productions oriented farms. Availability of land for compensation reduces the elementof conflict.

    Traditional land consolidation

    A traditional Danish village-based land consolidation is initiated on request of a group oflandowners. The main principles are that participation is voluntary and that the planning is based on

    negotiation. This means that all owners in an area need not necessarily participate. Landowners elect

    a representative committee at the beginning of the process. This committee participates actively innegotiations. Alterations in property happen for each owner as a combination of selling and buying

    with differences in value being matched by payments in money. Transactions for each property arelisted on one agreement form for each property. Once signed by the owner this agreement form

    becomes a transfer document. The land consolidation plan consist of all the signed agreement forms

    and they become legally effective in one ruling by a specially empowered land commission. Thecosts of assistance to planning and negotiation and to registration of alterations of property are all

    paid by the state or, as from 2004, co-financed by EU through the rural development programme.

    Typically, a scheme is implemented within 1-2 years. Most village based land consolidations are

    implemented by a private land surveyor. Projects initiated by public intervention are typicallyimplemented by land consolidation planners from the Division of Land Consolidation.