58 GERMANY - AGRICULTURAL ECONOMY IN GENERAL 



When the municipality has decided to bring about a redistribution, in 

 the conditions which have been indicated and following the preliminary 

 procedure which has been explained, intimation must be made to the au- 

 thority responsible for the control of construction. A statement as to the 

 real estate nmst also be drawn up, giving the name of its owners, its desig- 

 nation according to the cadaster and the land books, the proportion of 

 which owners must be dispossessed, the proportion to be used, according 

 to the plan for reconstruction, for public roads and squares, and the interval 

 of time which will elapse before these latter are given up to traffic and 

 construction. A plan will be annexed to show the situation and extent of the 

 real estate to be redistributed, the buildings which may be placed on it 

 and. the particular use to be made of it. The statement and the plan will be 

 available for inspection by those interested and complaints which may be 

 made within a period of not less than a week will be heard. A special no- 

 tice will however be issued to the competent authority when real estate per- 

 manently appropriated to the exercice of rights belonging to the State is 

 in question. 



The municipality must endeavour to satisfy complaints as far as pos- 

 sible and then transmit without delay to the commission of the circle the 

 request for redistribution and all pertinent documents. The commission 

 decides, after hearing the local controlling authorities, as to whether the 

 conditions for redistribution, as these have been set out, exist, and as to 

 complaints which have not been satisfied. 



^ With the consent of applicants the commission can decide on the costs 

 or partial costs for which they become responsible-. Its decision must be 

 signified to the municipality, the landowners and the interested persons who 

 have had part in the proceedings, and the municipality is responsible for 

 publishing it. 



The interval which allows of appeal to the provincial council against 

 the decision of the commission of the circle is of only one month (i). 



The demand for redistribution can be revoked only before the deci- 

 sion of the commission of the circle is made. Such revocation can be made 

 by means of a declaration of the owners of more than two thirds of the area 

 covered b}^ the demand. Costs are borne by those who thus revoke a de- 

 mand they have made, their contribution being exacted from them by the 

 municipality and received by the comn::unes according to the procedure for 

 forced recovery. 



When the commune and the landowners have entered into a binding 

 agreement as to the redistribution, the procedure for redistribution will 

 be omitted if the municipality and the majority of the landowners, in the 

 proportion already mentioned, ask for such omission. 



If such agreement affect only part of the area to be redistributed, so that 

 the object of redistribution can still be attained where the agreement has 

 force, and if the owners suffer such limitation, or a further redistribution of 



(i) By the terms of Article 121 of the law on the administration of the kingdom, dated 30 

 July 1883, this interval would have been of fifteen days. 



