RECONSTRUCTION AFTER THE DESTRUCTION OF WAR 57 



co-ordinating these provisions, was promulgated on 21 December 1915 

 and afterwards ratified by the two chambers of the I^andtag (i). 



Further an ordinance of i May 1916, completed by a ruling of the pub- 

 lic administration dated on the 9th of the ?ame month, provides that loans 

 granted by the State for the construction or reconstruction of destroyed 

 or damaged buildings shall be secured by a mortgage on the real estate. 



Such are the legislative elements going to make up these measures of 

 which we will now set forth the chief features. 



§ I. Conditions of redistribution and preumtnary procedure. 



The power to undertake redistribution on certain parts of the communal 

 territor}^ has been given to the Higher President. In communes having 

 more than 2000 inhabitants he must do it with the consent of the muni- 

 cipal council, in those which ore less important with that of the commission 

 of the circle. This redistribution will affect landed property belonging 

 to different owners and will aim at con?tituting suitable lots of building land 

 and opening up new areas for building. Consideration of the public ad- 

 vantage must of course always be the basis of the undertaking. 



An area for redistribution must first be determined, and it must ex- 

 tend over only part of the communal territory ; for if redistribution is to be 

 beneficial it must be applied only to the area judged necessary for the end 

 in view. In determining the aiea regard must be paid in particular to 

 the configuration of the soil and the roads which are in existence or are 

 anticipated by the plan for reconstruction. Certain real estate inclu- 

 ded in the area may be excepted from redistribution, entirely or partially, 

 either because there are buildings on it, or beicause it is appropriated to 

 especial uses, as horticultural establishments, nurseries, parks, etc. 



A further annexation of real estate situated outside the redistributed area 

 is anticipated. If the interested landowners do not consent to this com- 

 plementary annexation the measures used in the case of the determination 

 of the original area will be applied. 



Redi.'^tribution wU take place when the deliberations of the commune 

 are followed by a request of the municipality ; and also on the demand of 

 the majority of the proprietors owning more than half of the surveyed area, 

 whether built or unbuilt, of the real estate to be redistributed. In making 

 calculations, where properties owned in fractions by various persons are 

 concerned, the proportionate right of each owner will be taken into ac- 

 count. 



No proliibitions to alienate may be made in opposition to the redistri- 

 bution. The redistribution may not be carried out if the larger part of the 

 area it would aff ect is employed by owners who themselves draw profit from it 

 by gardening. 



(i) Collection of laws of 17 July 1916, p. iii. 



