Expropriation of a property

Expropriation is a form of state access to land or rights to land. Many public tasks, such as.B construction of roads or power lines, require private land to implement the measure. If a consensual 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 realisation of a project. The project must serve the common good (e.B. road construction, energy supply). The expropriation may only be carried out against appropriate compensation.

Preconditions
Expropriation is only permitted on a legal basis and solely for the benefit of the general public. Expropriation may only be granted in return for compensation. This is usually done in money, exceptionally it is possible to grant a replacement country. Compensation for land is determined by its market value. In order to determine this, the evaluation reports of the expert committees are usually used. Where installations or growth are found on the land, additional value assessments may be required, for example.B by agricultural experts.
Expropriation is preceded by the expropriation procedure. It is regularly initiated by an application on the grounds of the authority which intends to carry out the expropriation. The parties involved in the proceedings are applicants, landowners and all persons entitled to the property to be expropriated. All parties involved will be heard. An attempt is being made to reach an agreement on the sale of the land at a hearing. If this is not successful, the competent authority shall adopt an expropriation decision. 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 the compensation, he can contest the legal action. By means of an executive order, the expropriation authority shall arrange for the registration of the change in the land register with the competent Land Registry.

Responsible for the content
Ministry of Justice Mecklenburg-Vorpommern

Last update or date of publication
15.11.2020