Bundesportal | Expropriation of a property

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Publisher

Thuringia

Last update or date of publication

April 13, 2026

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Expropriation is a form of state access to land or rights to land. Many public projects, such as the construction of roads or energy supply lines, require private land in order to be carried out. If an amicable settlement is not possible and the planned project therefore threatens to fail, various laws provide for expropriation. In addition to the transfer of ownership (complete expropriation), expropriation can also be aimed at the entry of an easement in the land register, for example.

Expropriation interferes with the fundamental 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.

The application for expropriation must be submitted to the expropriation authority in writing or for recording.
The application should state the names and addresses of the parties involved.
In addition, extracts from the land register or cadastre and site plans of the property to be expropriated are required.

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Preconditions

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.

Basis for legal action

Article 14 of the Basic Law (GG)

Thuringian Expropriation Act (ThürEG)

Legal Remedies

An expropriation decision can only be contested by filing an application for a court decision. The application must be submitted to the Thuringian State Administration Office within one month of notification of the decision. The Meiningen Regional Court - Chamber for Building Land Matters decides on the application.

Procedure

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.

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