The transfer of land from the National Park Association to the National Park Foundation is legal — the Ministry of the Environment loses again against the National Park Association (13.06.2012)
“For 12 years now, the Brandenburg Ministry of the Environment has been trying by all means to prevent the transfer of the land acquired by the National Park Association as part of the Lower Odertal nature conservation project to the National Park Foundation. With the judgment of the Administrative Court of Potsdam, announced on April 24th, 2012 (Az: 3 K 531/08), the last attempt to prevent the Ministry of Environment, Health and Consumer Protection of the State of Brandenburg (MUGV) failed again. The land transfer, which has been prevented by the MUGV for 12 years, is therefore lawful.
Only so much about the long and complicated history: In 2000 the National Park Association transferred a large part of the land acquired with funding to the National Park Foundation, which was established in 1995, not least for this purpose. The Ministry of the Environment prevented the transfer from being delayed with an order in 2001. The National Park Association had sued the administrative court against this. Since the Potsdam Administrative Court announced in the main proceedings in 2006 that the association’s action would be successful, the Ministry of the Environment and the National Park Association reached an agreement before the administrative court that limited the Ministry’s ban on land use to December 31, 2006. The association then tried to transfer the land again, which the Ministry of the Environment prevented with a new order in 2008. Against this, the National Park Association sued again and has now won an important lawsuit against the Ministry of the Environment.
Although the legal situation has obviously been clear for a long time, it obviously takes a very long time in Brandenburg before the law is not only pronounced but can also be enforced. ”
Dr. Ansgar Vössing
Deputy CEO
