Assessment of pathway plot with important municipal lines

Hello,

please provide the following assessment:
We still own a pathway parcel from a previous real estate transaction
141 sqm inner-city location.
Rural area, standard land value 35 Euro
The property cannot be built on in isolation because it is too narrow.
Important public water pipes run through it, supplying several local districts, as well as an access road for a power pole over this parcel.

The local municipality now wants to purchase the land and has written to us because they realized that it is not municipal property but privately owned and apparently paving measures are planned here. It was rather by chance noticed that it is not owned by the city.
Offer 15 Euro. That is the price the municipality last paid for garden land.

It is probably not freely marketable, there are two neighbors but they also have large properties. The pool of buyers is certainly very limited.
It certainly makes sense for the property to be municipal-owned, as it is not otherwise used.

The crux is now: it is used as a traffic route for a power pole and public lines run through it.

However, no rights have been entered in the land register for this.

For this reason, the offer seems too low to me.
I find the valuation somewhat difficult in this constellation.

My logic:
Inner-city location, standard land value there 35 Euro.

I would have set these 35 Euro as a fair price, but since it is de facto not buildable, this seems too high to the gentleman at the city and hard to enforce in the municipal council.

Therefore, I would like to hear opinions on how you would handle this situation.

So this is a difficult question, if you want to clarify it more precisely, then contact the [Gutachterausschuss für Grundstückswerte] responsible for your area.

The initial situation is that the property is basically worthless to almost everyone. Basically also to you, right? The municipality would now like to have it to simply settle the matter. How it would look legally otherwise, i.e. whether you could demand a change of the routing of the lines etc. since nothing is registered, only a lawyer/notary can explain that to you for sure.

What I can say from my own experience, I myself work on a [Gutachterausschuss], is that energy companies or even the state, when they buy land from e.g. farmers for roads or power line routes, usually pay more than the agricultural reference value. But whether you can enforce that here is certainly difficult, as I said the question would be about the "consequences" for the municipality if it does not buy it. Garden land at 15€ versus 35€ is already quite a good price, usually 15% BRW is applied there.

If you want to know your negotiating position, then clarify the consequences for the municipality if it does not buy it. So whether you could e.g. then demand a relocation of the lines or something like that, since no easement for the lines is registered. If that is the case, you have a negotiation approach.

I would have set these 35 euros as a fair price, but since it is de facto not developable, this seems too high to the gentleman at the city and hard to enforce in the municipal council.

Non-developable land contaminated with pipelines = basically almost worthless. Take the 15€ and that’s it.

Hello Seven 1984

I think the community should act generously.
First of all: electricity, water, etc. already run over it. Without being registered as a building encumbrance in the land register. Aren't you entitled to compensation there, like rent?
Now the community wants to do more with it and that's why they want to buy it.
If you don’t like the price, just say you’re not selling. And you definitely don’t want to asphalt it. Let’s see who gives in first.

Steven

If you don't like the price, you just say you won't sell. And you certainly don't want to asphalt it. Let's see who gives in first.

The city does not guarantee. That would be, in case of doubt, a perfect reason for expropriation. All necessary reasons are fulfilled. And what the OP gets then is anyone's guess. I would just sell. "Further prerequisites for expropriation are always that ─ the public interest requires it, ─ the purpose of the expropriation cannot be achieved in any other reasonable way, and ─ the applicant has previously made serious efforts to acquire the property by private treaty on reasonable terms and – if applicable – has offered substitute land."

Hello Seven 1984

I think the community should act generously.
First of all: electricity, water, etc. are already running over it. Without being registered as a building encumbrance in the land register.

Building encumbrances are not recorded in the land register; they are recorded in the building encumbrance register of the community. Easements aka utility rights are registered in the land register?

Was nothing recorded in the building encumbrance register either?