Over-allocation in reallocation

Hello everyone,
it is about the following: in my municipality they want to develop a new residential area. In this planned development area I own a plot of about 800 sqm. The municipality demands 25% for roads and sidewalks and 30% is bought off at the meadow price, meaning a 55% deduction. Therefore, of my 800 sqm only about 360 sqm remain. Now I wanted a plot of about 650 sqm for my building project. I would buy back the missing 290 sqm from the municipality at a higher price than I sold the 30%. But the municipality says such an additional allocation is not possible, only about 5%. Is it possible that the municipality denies me the right to additional allocation? And is there a legal basis or something similar for this?

I hope you can help me

Regards
Dominik

You are talking about a partial expropriation? Is the development of the building area not possible without your property? At what stage is the whole project? Do you already have anything in writing? A little too little information.

You are talking about a partial expropriation? Is it not possible to develop the building area without your property? At what stage is the whole project? Do you already have anything in writing? A bit too little information.

First of all, thank you very much for the answer. Unfortunately, I don’t know much about it and I don’t exactly know what “partial expropriation” means. But at the moment, it’s not that far advanced yet, meaning I haven’t signed anything to participate in the land readjustment. They are currently working on planning the readjustment. My property is located exactly in the middle, so they would have to build around my property in case of an “exclusion,” which I think they don’t want. I only have something in writing regarding how the area deduction is handled, but I haven’t agreed to any readjustment yet.

Well, I asked because you kind of "complained" that you "have to" sell and then are only allowed to buy back a smaller part. So who is forcing you if the land belongs to you?

What happens if you just say no? There must have already been some corresponding correspondence if the municipality has already planned that far.

Well, I asked because you kind of "complained" that you "have to" sell and then are only allowed to buy back a smaller portion. So who is forcing you if the land belongs to you?

What happens if you just say no? Surely there must have been relevant correspondence if the municipality has already planned so far there.

The municipality forces me if I want to build on it. So I have to give up the 55%.
If I don’t want to give anything up, I’m not allowed to build and my part won’t be developed and I’ll be “excluded” or the building area won’t happen at all. There was only a letter asking if one is interested and there have already been 2 info evenings about the direction they want to take, and there was an “urban development concept.”

Good, so everything is voluntary (for now). Then I would just say that the established rules are more the community's wishful thinking before negotiations. Depending on how much interest the community has in the new development area and how urgent your need/desire to build is, you can definitely negotiate there.

This buy-back and resale is nonsense. I would initially insist that only the parts are bought that will ultimately remain with the community and are necessary for roads, etc. This naturally means you will be financially involved in the development costs. Maybe in the end it’s a zero-sum game, that has to be calculated concretely with hard facts.

At first, no one can force you to accept any rules against your will. That would only be possible in the context of an expropriation, a very long and rocky path.