The change in forest treatment from that prevailing during the previous
period was mainly due to the change in property conditions, and
especially to the establishment of _state forests_. This change was
largely the result of the revolutionary movements at the beginning of
the new century which brought about changes in state organizations. In
Prussia, the princely forest property had been declared state domain in
1713, but elsewhere, the public domain had been considered the property
of the princes in their capacity as head of the country, as _domanium_,
outside of their personal private property (Chatullgüter). The income
from this _domanium_ was in part liable to be applied to the expenses of
the court and of the administration of the realm, to some extent
alleviating the burdens of taxation. This property arose from a variety
of relations which have been discussed at length in the foregoing
chapters. It was derived mainly from feudal properties, fiefs of
vassalage and fiefs of official position, secularized church property
and other forfeited property, division of mark forests, and from
allodial possessions of the family. Gradually, by agreement with the
landed estates, it was understood that this property could not be
disposed of or dissipated by the prince, and was inherited by the eldest
son together with the princely dignity, being an attribute of his
position in the state. In the reconstruction period of 1806 to 1815,
during and after the Napoleonic wars, many of the small princes lost
their seigniorage (Landeshoheit _ipso jure_), and with the loss of the
princely dignity, the obligation of carrying the expense of court and
administration naturally falling away, these properties became in most
cases purely individual property of the former princes.
Not, however, until the revolutionary movements of 1848 and even later,
was this divorce of the state idea from that of the person of the prince
everywhere accomplished, nor was it carried through without many
bickerings and quarrels between the princes and the representatives of
the people, who claimed this _domanium_ for the state. In the larger
states, all this domanial property was finally declared state lands,
while in the smaller principalities a partition of the land between the
princes and the state took place, or else a relation was established by
which a part of the revenue resulting from the state lands was secured
to the princes.
An increase of the State’s property came also during the first decade of
the century through the abolishment of cloisters and secularization of
church property generally, the lands of both Protestant and Catholic
church institutions being taken by the State.
Curiously enough, at the same time that the idea of state forest was
being realized, the changes in economic thought which brought the
principle of individualism to the fore gave rise to a movement to sell
the state properties. This movement was inspired by French doctrines,
whose influence was at the time very strong, by the teachings of Adam
Smith who held that the state is not fit to conduct business, and by
the hope that in private ownership an improvement in forest conditions
would be more readily realized. These ideas by themselves would,
probably, not have led to the adoption of a policy of sale if it had not
been for the need for cash which, as a result of the French wars, was
felt everywhere during the first years of the decade. The sale of this
property seemed to provide a ready means for States to secure funds.
In Prussia, after the collapse of 1806, this measure was widely
discussed, and eventually, in 1810 to 1813, repeatedly instructions for
the sale of state forest property were issued. There were to be excluded
from such sales only large complexes of forest, those on the sea coast,
sand dunes and river fronts, where the protection of the forest cover
was needed, and those which it was desirable to maintain for the use of
important industrial establishments. Only the accession of Hartig
(1811), as chief of the forest administration which was a branch of the
Treasury department, prevented the execution of this dismemberment. It
was due to him that the difference in character between farm and forest
property began to be recognized. Although, after 1820, sales of forest
property took place, they were never a fiscal measure, but were made
either for the purpose of rounding off existing state forest property or
paying off servitudes, or else in order to turn over agricultural soil
to farm use. At present everywhere in Germany state properties are on
the increase.
The property conditions of the _communal forests_ naturally changed also
with the political changes of the 19th century, when existing
communities were made part of the large political machine and changed
from economic and social to modern political municipalities. The
ownership conditions, however, were not simplified, but as before,
remained extremely varied.
Of the Mark forest but a very small portion remains to-day. The majority
of it had been finally divided among the Märker in the first decade of
the century, and the few remaining parts became independent of the
political organization and now exist merely in the form of appurtenances
to certain farm property known as _Genossenwald_ (association forests).
In addition to the variety of communal ownerships existing in the
preceding period, some new communal properties originated from the
granting of land in the settlement and dissolution of servitudes,
whereby an undivided property (_Interessentenwald_) in which sometimes
even the state retains an interest, came into existence.
The municipal property of the cities had become either the property of
the entire community or of that part which constituted the real
citizenship, or at least of a certain class of citizens of the
municipality.
The incumbrances which had grown up with regard to forest property under
the name of _servitudes_ and which so much retarded the development of
better forest management continued into this period, and although
through the influences of the French revolution a desire had been
stimulated to get rid of all curtailments of property, some have
persisted to this day. Indeed, for a time an increase of these
servitudes took place, due to the carelessness of forest officials in
keeping unjustified use of the forest in check, when ancient usage of
these rights of user was claimed and new servitudes were established.
In Bavaria, it became at last necessary (1852) to positively forbid the
further establishment of new servitudes or rights of user. Laws having
in view the dissolution or buying out of these rights were issued in
Bavaria in 1805, and in Prussia in 1821, giving the right to forest
owners whose properties were so encumbered, to call for a division of
interests; but as at first the only way to settlement was by exchange
for definite parcels of forest property, the progress in the abolishment
of these rights was slow, until money exchange was permitted (as in
Saxony, 1832). At the present time, the state forest administrations
have mostly got rid of these servitudes, or at least have progressed so
far in their regulation that they are now rarely impediments to forest
management. These peaceable adjustments of the rights of user constitute
the last act of freeing property socially and economically.