Over-allocation in reallocation

2019-04-07 21:59:56

Okay, so everything is voluntary (for now). Then I would just say that the established rules are more the community’s wishful thinking before negotiation. Depending on the assessment of how much interest the community has in the new development area and how great your need/wish to build is, you can definitely bargain there.

This back-and-forth buyback is nonsense. I would initially insist that only the parts are bought that are ultimately supposed to remain with the community and are necessary for roads, etc. That obviously means you will be financially involved in the development costs. Maybe in the end it’s a zero-sum game, but you have to calculate that with hard facts.

You cannot be forced to accept any rules against your will for now. That would only be possible in the context of expropriation, a very long and rocky road.

Okay, exactly, we insist on the plot size. We definitely have an appointment with the mayor and the land consolidation company tomorrow. There is great interest from the citizens and our wish is also to build there. Yes, I see it the same way that this back-and-forth purchase is nonsense. But if they have decided it that way, I probably can’t get around it. Unless they make a special regulation. All in all, it will be a zero-sum game anyway. But I wanted to know if they can refuse me the additional allocation? And if there is anything legal about that?

2019-04-07 22:27:18

As I said, if you simply don't sell more than the street share, then they can get up on their hind legs and complain, it is and remains your land. Once it's sold, you can no longer force the community to do anything. The risk is that they might then exclude you from participating. But your description sounded like considerable extra effort, so a solution can definitely be found that both sides can live with.

2019-04-07 22:28:53

But I still wanted to know if they can refuse me the additional allocation?

The other way around: for the 30% that they want to take away from your property in order to be able to trade it, I see no basis. The 25% that flow into development areas during reallocation, however, I consider (including street trees and visitor parking spaces) to be a usual amount. So, I consider the under-allocation beyond the development area deduction to be highly questionable – but covered by "freedom of contract," meaning a fool can still voluntarily sign it and it then applies.

2019-04-07 22:33:08

Just to be clear: We are talking about the same piece of meadow here, or do you want to buy a different piece from the municipality as an exchange?

2019-04-07 22:38:33

Just to be clear: We are talking about the same piece of meadow here, or do you want to buy another piece from the municipality as a trade?

Ideally a "trade" but that doesn't matter anyway since in a reallocation everything is taken out and put back in anyway, right?

2019-04-07 22:43:26

um, no! That is a huge difference...

As we have just discussed at length, the owner is king. You in your realm and the other in his realm. Just as you cannot be forced to sell, you cannot force the community either. It can only be done amicably. And therefore there have to be two transactions, there is no other way.

Over-allocation in reallocation

Minado89

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Minado89

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