The right of first refusal against the Nation­al Park Asso­ci­a­tion can­not be exercised

Before the dis­trict court of Frank­furt / O. As an agri­cul­tur­al court, the dis­trict of Barn­im (Agri­cul­tur­al Office) failed with the attempt to use the Land Move­ment Act to obtain a right of first refusal vis-à-vis the Asso­ci­a­tion of Friends of the Ger­­man-Pol­ish Euro­pean Nation­al Park Unteres Oder­tal e. V. exercise.

The Agri­cul­tur­al Court over­turned the refusal notice of the dis­trict admin­is­tra­tor of the Barn­ims dis­trict of 08.08.2012, on the grounds that clos­er inves­ti­ga­tions had shown that there was no inter­est­ed buy­er at all who would have been able to do what the Nation­al Park Asso­ci­a­tion offered in a pub­lic ten­der­ing process Price to also acquire the areas adver­tised pub­licly by the BVVG.

The agri­cul­tur­al coöper­a­tive “Oder­tal” e. G. Lüder­s­dorf had agreed to pay a sig­nif­i­cant­ly low­er pur­chase price than one and a half times the mar­ket val­ue deter­mined by the expert. This means that the agri­cul­tur­al land remains in the pos­ses­sion of the Nation­al Park Asso­ci­a­tion and can be entered in the land reg­is­ter as its prop­er­ty. How­ev­er, the Agri­cul­tur­al Court has admit­ted the appeal.

Thomas Berg
CEO