The “Gesetz über die Landbeschaffung für Aufgaben der Verteidigung” (LBG), or the Land Procurement Act for Defense Purposes, is a legislative framework designed to regulate the acquisition of land by the federal government for defence-related activities. Enacted in 1957 and most recently amended in 2020, this law outlines the procedures and principles for acquiring land to meet the needs of national defence, including the fulfilment of international agreements regarding the stationing and legal status of foreign military forces in Germany.
The primary objective of the LBG is to ensure the federal government can procure land necessary for defence purposes efficiently and legally. This includes land for military installations, training grounds, airfields, and other defence-related infrastructures. The law stipulates that land acquisition should be conducted through free-market transactions whenever possible, emphasising the importance of voluntary agreements between the government and landowners. However, it also provides for the possibility of expropriation if voluntary agreements cannot be reached, ensuring that the needs of national defence are met.
A key aspect of the LBG is its emphasis on coordination with local governments. Before acquiring land, the federal government must consult with the respective state governments, which in turn must consider the views of local municipalities. This consultation process ensures that land acquisitions take into account regional planning, agricultural and economic interests, urban development, and environmental protection. The law mandates that local and state authorities provide input on whether the proposed land acquisition aligns with public interests and existing land use plans.
The impact of the LBG on heritage is significant. While the primary focus is on meeting defence needs, the law includes provisions to mitigate adverse effects on local communities and the environment. For instance, the LBG requires that any necessary measures to protect neighbouring properties from potential harm caused by the use of the acquired land be implemented by the acquiring party. Additionally, the law acknowledges the importance of compensating landowners fairly, either through monetary compensation or by providing replacement land.
In conclusion, the Land Procurement Act for Defense Purposes is a critical piece of legislation that balances the federal government’s need to acquire land for national defence with the rights and interests of local communities and landowners. Its provisions ensure that land acquisitions are conducted transparently, fairly, and with due consideration of regional and environmental concerns, thereby safeguarding heritage while fulfilling defence requirements.
