Service Finder
Expropriation of a property
Service Description
Expropriation is a form of state access to land or rights to land. For 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 therefore threatens to fail, various laws provide for expropriation.
Expropriation interferes with the basic right to property. Expropriation is therefore 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 usually initiated by an application with justification from the developer who wishes to carry out the expropriation. The parties involved in the procedure are the applicant, the landowner and all persons who have a right to the land that is to be expropriated. All parties involved are heard. At an oral hearing, an attempt is made to reach an agreement on the sale of the property. If this is not successful, the competent expropriation authority issues an expropriation order. This regulates the legal change (including the transfer of ownership) and the compensation. If the owner does not agree with the decision or the amount of compensation, they can take legal action.
The exact date of the change of title is determined by an execution order. Once the execution order has become final, the expropriation authority arranges for the change of title to be entered in the land register at the relevant 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 procedures, including possession transfer and compensation procedures.
Competent authority
The competent authority is the expropriation authority of the respective federal state, in Thuringia the State Administration Office.
Similar to a court, the expropriation authority works largely free of instructions. It regulates the implementation of expropriation proceedings, including possession transfer and compensation proceedings.
Requirements
Expropriation is only permitted on a legal basis and solely for the public good.
Expropriation may only be declared in return for compensation. As a rule, this is paid in cash; in exceptional cases, replacement land may be granted. Compensation for land is based on its market value. As a rule, appraisals by the expert committees are used to determine this value. If there are plants or vegetation on the land, additional valuations may be required, e.g. from agricultural experts.
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian State Administration Office
Professionally released on
28.02.2022
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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