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Source: BUS Sachsen-Anhalt (Linie6PLus)

Expropriation of a piece of land

Description

Expropriation is a form of state access to land or rights to the land. For many public tasks, e.B the construction of roads or energy supply lines, private land is required to carry out the measure. If an amicable settlement is not possible and the planned project therefore threatens to fail, various laws provide for expropriation.

Expropriation interferes with the fundamental right to property. Therefore, expropriation is only permissible if the land is absolutely necessary for the realization of a project. The project must serve the common good (e.B road construction, energy supply). Expropriation may only take place against appropriate compensation.

Expropriation is a form of state access to land or rights to the land.

Expropriation is preceded by expropriation proceedings. It is regularly initiated by an application with justification from the authority that intends to carry out the expropriation. Applicants, property owners and all persons who have a right to the land to be expropriated are involved in the proceedings. All parties involved are heard. At an oral hearing, an attempt is made to reach an agreement on the sale of the land. If this is not successful, the competent authority shall issue an expropriation decision. In it, it regulates the change of law (including transfer of ownership) and compensation. If the owner does not agree with the decision or with the amount of compensation, he can contest the legal recourse.

With an execution order, the expropriation authority at the competent land registry office arranges for the change of law to be entered in the land register.

Expropriation is only permissible on a legal basis and solely for the benefit of the general public.

Expropriation may only be pronounced against compensation. This is usually done in money, exceptionally the granting of substitute land is possible. Compensation for land is based on its market value. Valuation reports of the expert committees are usually used to determine this. If there are plants or growth on the land, additional valuation reports, e.B by agricultural experts, may be required.

The text was automatically translated based on the German content.

Ministry of Justice Mecklenburg-Vorpommern

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