Service Finder
Expropriation of land
Service Description
Expropriation is a form of state access to land or to rights to the land. In the case of many public tasks, e.g. 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 is therefore in danger of failing, 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 public good (e.g. road construction, energy supply). Expropriation may only take place in return for appropriate compensation.
Process flow
Expropriation is preceded by the expropriation procedure. It is regularly initiated by an application with justification from the developer who wishes to carry out the expropriation. The parties to the proceedings are the applicant, the owner of the land and all persons who have a right to the land that is to be expropriated. All parties are heard. At a hearing, an attempt is made to reach agreement on the sale of the land. If this does not succeed, the competent expropriation authority issues an expropriation decision. In it, it regulates the legal change (among other things, transfer of ownership) and the compensation. If the owner does not agree with the decision or the amount of compensation, he or she can take legal action.
The exact date of the legal change is determined by an executive order. Once the execution order has become effective, the expropriation authority initiates the entry of the legal change in the land register at the responsible land registry office.
Who should I contact?
In Thuringia, the State Administration Office is responsible as the expropriation authority. It regulates the implementation of expropriation proceedings, including procedures for the transfer of ownership and compensation.
Competent authority
The responsible body is the expropriation authority of the respective federal state, in Thuringia the State Administration Office.
Similar to a court, the expropriation authority works largely without instructions. It regulates the implementation of expropriation proceedings, including procedures for the transfer of ownership and compensation.
Requirements
Expropriation is only permissible on a legal basis and solely for the common good.
Expropriation may only be pronounced in return for compensation. As a rule, this compensation is paid in cash; in exceptional cases, the granting of substitute land is possible. Compensation for land is calculated on the basis of its market value. As a rule, the value of land is determined on the basis of appraisals by the appraisal committees. If there are plants or vegetation on the land, additional appraisals, e.g. by agricultural experts, may be required.
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Thuringian State Administration Office
Professionally released on
28.02.2022
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
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