Enteignungsentschädigung

Enteignungsentschädigung refers to the compensation paid to an individual or entity when their property is expropriated by the state or a public authority. This process, known as expropriation or eminent domain, typically occurs for public purposes, such as the construction of infrastructure like roads, railways, or public buildings. The principle behind Enteignungsentschädigung is that while the state has the right to acquire private property for the common good, the owner must be fairly compensated for their loss.

The determination of the appropriate compensation is a crucial aspect of Enteignungsentschädigung. Generally, it is based on the market value of the expropriated property at the time of the expropriation. This valuation can involve various methods, including appraisals, expert opinions, and consideration of comparable sales. The goal is to ensure that the expropriated party is made whole, meaning they receive an amount that would allow them to acquire comparable property or to otherwise mitigate their financial loss.

Legal frameworks in most jurisdictions outline the specific procedures for expropriation and the calculation of Enteignungsentschädigung. These frameworks often include provisions for negotiation between the property owner and the expropriating authority, and if an agreement cannot be reached, for legal recourse through the courts. The concept is rooted in the protection of private property rights while balancing them with the needs of public interest and development.