Hi, Am 24.06.20 um 00:31 schrieb Martin Koppenhoefer: > in Italy or Germany, the boundaries of protected areas typically either > exclude builtup areas or if they are included, there are typically explicit > special explanations/provisions for these areas. (there might be exceptions > to this, but this is what I have seen).
In Germany, a nature reserve (no matter how large it is) and the rules applying within its boundaries are declared by a legal norm issued by the authority for nature protection. Depending on the size, it is either the county or one more up in hierarchy. Some national parks were established by a law enacted by the legislative. In all these cases, the exact boundaries are defined by the legal norm using textual descriptions and/or maps. It does not matter who owns the land within the protected area. The owners need to be heard before the protected area is established and they can contest the actions of the authority (that's not the case for protected areas established by the law issued by the parliament). Given that property needs to serve the public, the interest to protect the enviroment is usually more important than the right of the owners to use their property. Mind that the protection usually limit the right to use only, not totally forbid usage. However, nature reserves tend to protect areas where a large part of the land is either owned by the public anyway (municipal and state forests) because this avoids court proceedings with land owners. But there is no requirement that the public owns all land in a protected area. There often signs where paths or roads enter the protected area but the boundary that matters is written on paper. Best regards Michael
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