Safeguarding real property rights and rational use by conflicting private and public interests – the German approach

The article is aimed to describe the German approach to safeguarding real property rights and rational land use under conflicting private and public interests through implementation of urban land re-allotment or rural land consolidation. A legal assessment of the essence of these sovereign land re-arrangement instruments shows the possibilities and limitations. In any case, the legal determination of the purpose and goal of this administrative intervention is indispensible. Nevertheless, the sovereign land re-arrangement proves to be the contemporary approach to safeguarding the constitutional rights for freedom and free availability of real property in a pluralistic society and democratic state, under conflicting land use interests.