The decision on the reorganization of the company floor is left to the proceedings in the main
The National Park Association could not prevail in the interim legal protection proceedings with its application before the Higher Administrative Court Berlin-Brandenburg to restore the suspensive effect of its objection to the decision of the State Office for Rural Development, Agriculture and Land Reorganization (LELF) of 11.06.2013. On July 4th, 2013, the association filed an objection to the provisional assignment of ownership within the scope of the company floor reorganization, but since the State Office had ordered immediate enforceability, it was forced to submit an application to the OVG for the suspensive effect to be established. With this, he wanted to avert the chaos caused by the land consolidation authority among the owners and users of the areas in the Lower Oder Valley and to ensure that a fair, sustainable and sensible land consolidation is well prepared from the start and not carried out in a rushed manner.
In its incontestable decision, the OVG hardly dealt with the arguments that the association had put forward several times and comprehensively in writing and did not allow an oral hearing, not even an oral hearing, but after a long wait simply decided based on the file situation and decided on the Concentrated on the question of reasonableness and the area and value ratio for the areas brought in by the club and its compensation areas. As a result, the OVG considers it reasonable that the association will take over the areas allocated to it by the State Office for Rural Development, Agriculture and Land Reorganization until the decision is made on the main issue, i.e. provisionally. The financial loss is reasonable, there is no gross disproportion between the areas brought in by the association and the compensation areas allocated to it. All other disputes could be settled in the main proceedings.
The association does not share the arguments and justifications of the OVG and considers them extremely questionable due to constitutional and constitutional considerations, as will be explained elsewhere. The interim legal protection procedure is thus over, the provisional possession can be carried out legally. The association will continue to assert its arguments in the main proceedings, in accordance with its statutes, its mandate and in the interests of nature conservation.
The board of directors