A Brief History of Forestry.: In Europe, the United States and Other CountriesFernow, B. E. (Bernhard Eduard)
History
A Brief History of Forestry.: In Europe, the United States and Other Countries
Fernow, B. E. (Bernhard Eduard)
Forests and forestry -- History
With the change of municipal communities from mere associations with
common material interest into units or parts of political or state
machines, also independence in the management of their property was
secured, and many of the old restrictions which had circumscribed this
right fell away. Curiously enough, during the French domination under
Napoleon, the new masters, forgetting the spirit of the revolutionary
period, introduced the prescriptions of the old French ordinance of 1669
which restricted the use of communal property to the extent of excluding
the owners entirely from the management of their property, and placed it
under government officers. After the French withdrew, this method, of
course, collapsed, although it probably had an influence on the final
shaping of forest policies in these respects. Altogether, there was such
variety of historic development in the different parts of Germany that
it is not to be wondered at that one finds a great variety of policies
still prevailing not only in different States but in different
localities of the same State.
At the present time three different principles in the relations of the
state to the corporation forests may be recognized, namely, entire
freedom, excepting so far as general police laws apply, which is the
case with most of the corporation forests in Prussia (law of 1876);
special supervision of the technical management under approved officials
with proper education, which is the case in Saxony, most of Bavaria, the
Prussian provinces of Westphalia, Rhineland and Saxony, and in some of
the smaller states; or lastly, the absolute administration by the state,
which prevails in Baden, parts of Bavaria, provinces Hesse-Nassau, and
Hanover. The tendency, however, in modern times appears to be toward a
more strict interpretation of the obligation of the state to prevent
mismanagement of the communal property.
Private forest property, which during the preceding century had been
largely under restrictions, first under the application of the hunting
right, and then under the fear of a wood famine, became in the first
decades of the century under the influences already mentioned, almost
entirely free, all former policies being reversed; indeed Prussia, in
1811, issued an edict insuring absolutely unrestricted rights to forest
owners, permitting partition and conversion of forest properties, and
even denying in such cases the right of interference on the part of
possessors of rights of user.
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