Preliminary communication
PARCELLING AND DISSOLUTION OF THE JOINT OWNERSHIP OF AGRICULTURAL LAND
Aleksandra Maganić
; Pravni fakultet Sveučilišta u Zagrebu
Abstract
The Land Parcelling Act of 2008 contains numerous new provisions governing the utilisation and disposal of agricultural land in Croatia. Due to the fact that provisions impose severe restrictions of proprietary powers, strong objections against their enactment have been expressed on legal and political scene. A reason for the enactment is a negative historical heritage burdening Croatian agriculture with numerous fragmented agricultural holdings and requiring a serious agrarian reform aimed at land concentration. However, having in mind aforesaid, the author firmly believes it is necessary to reach a compromise between fulfilment of common interests and respect of basic constitutional rights Therefore, the aim of this article is to present provisions of the 2008 Land Parcelling Act imposing restrictions on joint (individual) owners’ right to dissolute the joint ownership of agricultural land with geometrical division due to the fact that they have to get a consent of the Agency for Agricultural Land (the Article 73, Paragraph 3). The said provisions are going to be compared with Austrian, German and Swiss solutions. Constitutionality of described legal solutions has been questioned as well as of provisions on submitting a request for assessment of Law’s provisions on utilization of agricultural land in regard to agrotechnical measures (the Article 15), rental charges that will be paid to unknown owners (the Article 16) and rules on disposal of a private agricultural land (the Article 81 to 85). More to the point, to parcel an agricultural land in Croatia the titular has been facing difficulties while trying to get additional explanations of certain legal provisions. There are no legal rules on decision making process to assent to as well as on the objective criteria for authorised bodies to act in individual cases.
Keywords
parcelling; dissolution of the joint ownership; agricultural land; constitutional limitation on ownership
Hrčak ID:
53527
URI
Publication date:
8.4.2010.
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