1; permission may be sought by the third party. In cases where allocation is subject to recoupment charges within the meaning of Section 57 sentence 4 and Section 58 para. It discharges the responsibilities transferred to it by the municipality under Section 157 para.
(1) Where compensation is due in the form of transference of title to the property or the establishing of a right and no agreement can be reached, the property owner may demand the vesting of ownership in the municipality or the establishment of the right. the beneficiary has land available which would be suitable as replacement land and does not require this land for the pursuance of his profession or livelihood or in performance of the tasks incumbent upon him, or2. (3) Where the municipality has adopted a resolution on the adjustment of plot boundaries prior to July 1st 1987 (Section 82 Federal Building Act), Sections 80 to 83 of the Federal Building Act shall continue to have application. 6. (1) Exceptions to the designations contained in a binding land-use plan may be permitted where explicit provision is made for such dispensations in the binding land-use plan in respect of type and scale.
(4) Individual spaces outside the territory covered by the project and infrastructure plan may be incorporated into the project-based binding land-use plan. (7) In cases where an application either for the granting of building permission or the issuing of a preliminary notice under planning control law to confirm the permissibility of a planning application under land law has been unlawfully rejected prior to expiration of the term specified in sentence 2, and where, following the outcome of an appeal, permission or a preliminary notice with the contents requested cannot be issued as a consequence of the use permitted at the time of application having since been withdrawn or changed, the level of compensation shall be calculated in accordance with sentence 6. Where the beneficiary of compensation is partly responsible for property loss arising, Section 254 of the Civil Law Code [Bürgerliches Gesetzbuch] applies (4) The assessment of compensation is based on the state of the plot at the time at which the expropriation authority adjudicates on the application for expropriation.
in the case of land which has been built on, the type and extent of building are not to be altered in the course of implementing the urban development measure, or2. Registration may be made until such time as the resolution on the reallocation plan is adopted (Section 66 para. Such a financial settlement is subject as applicable to the regulations governing the payment of compensation contained in Subdivision Two of Part Five, to the extent that the allocation is lower in value than the property contributed, or more than marginally lower in value than the entitlement [Sollanspruch].
1 or of any other procedural or formal flaws under state law, the preparatory land-use plan or statute may be put back into force with retrospective effect.Nothing shall affect the obligation incumbent on the authority responsible for permission procedures to verify that those requirements whose violation would have no effect on the validity of a preparatory land-use plan or statute have indeed been observed. 2 sentence 1 no.
(1) The municipality may employ a project-based binding land-use plan to determine the admissibility of a development project if on the basis of an implementation plan for the project and the associated infrastructure (the project and infrastructure plan), drawn up in consultation with the municipality, it is evident that the project developer is prepared and in a position to enter into an obligation prior to a resolution to adopt a binding land-use plan pursuant to Section 10 para.
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