Grundstück; Informationen zur Enteignung

Expropriation is the partial or complete seizure of ownership, usually of land or rights, by means of a sovereign legal act to fulfill certain sovereign tasks.

Expropriations occur in the context of infrastructure measures, e.g. road construction, construction of supply lines, and are regulated in more detail in the relevant laws, such as the Building Code.

Expropriation is only permitted if it is necessary for the public good and the purpose of the expropriation cannot be achieved in any other reasonable way. It may only be carried out by law or on the basis of a law that regulates the type and extent of compensation.

In expropriation proceedings, the expropriation authority shall first work towards achieving a satisfactory balance between the conflicting interests of the parties involved and reaching an agreement. If an agreement cannot be reached, a decision is made on expropriation. At the same time, it is determined how and to what extent the affected owner is to be compensated for their loss of rights. Expropriations in favor of private individuals are only possible in very limited cases.

There is no expropriation in the case of a content and limitation provision (Art. 14 para. 1 sentence 2 of the Basic Law), with which the legislator regulates the rights and obligations of owners in abstract and general terms for the future.

Various lawsuits, see Art. 44 of the Bavarian Law on Compensatory Expropriation (BayEG)