Bauexperte
2012-08-17 09:18:13
- #1
The old legal situation is decisive
The street in front of her house had actually always been there. At least, that’s what a homeowner from southern Baden thought. Because now the authorities are telling her that there isn’t actually a street there – and are asking the puzzled woman to pay up.
Is a street already a street just because it looks like a street? No, ruled the Administrative Court of Freiburg. The case concerned an old street in Kandern, Baden-Württemberg, which was laid out in 1869 and last surfaced with tar in 1930. After 80 years, the pavement had started to crumble, and the city administration had the path renovated according to modern standards. Then they sent the residents invoices and argued that their properties could now, for the first time, be accessed via a street.
Development contribution for the initial construction of the street
A resident took legal action against this – after all, she had often walked and driven on the street in front of her house. But the judges sided with the municipality. Whether a street was present “does not depend solely on the actual existence of the street,” the judgment says. Rather, it is decisive whether it was planned and built in accordance with the street law valid at the time. According to a court spokesman, the ruling could be precedent-setting from Wednesday onward (Case no. 4 K 1621/10).
Source: dpa
Haufe.Recht
Kind regards
The street in front of her house had actually always been there. At least, that’s what a homeowner from southern Baden thought. Because now the authorities are telling her that there isn’t actually a street there – and are asking the puzzled woman to pay up.
Is a street already a street just because it looks like a street? No, ruled the Administrative Court of Freiburg. The case concerned an old street in Kandern, Baden-Württemberg, which was laid out in 1869 and last surfaced with tar in 1930. After 80 years, the pavement had started to crumble, and the city administration had the path renovated according to modern standards. Then they sent the residents invoices and argued that their properties could now, for the first time, be accessed via a street.
Development contribution for the initial construction of the street
A resident took legal action against this – after all, she had often walked and driven on the street in front of her house. But the judges sided with the municipality. Whether a street was present “does not depend solely on the actual existence of the street,” the judgment says. Rather, it is decisive whether it was planned and built in accordance with the street law valid at the time. According to a court spokesman, the ruling could be precedent-setting from Wednesday onward (Case no. 4 K 1621/10).
Source: dpa
Haufe.Recht
Kind regards