Kernrechtsfrage
Whether compensation for strip expropriation from built-up land may be set schematically at only a fraction of the local building-land price.
Extrahierter Entscheid
No. The court held that such a schematic fraction violates full compensation; the value of the strip must be assessed concretely according to its functional importance for the property.
Extrahierte Begründung
For built-up plots, unlike undeveloped land, no general rule based on the local square-meter building-land price can be applied. The decisive factor is the functional value of the expropriated strip in the use of the property, or the value it would probably have had in the near future without the taking. In this case, the small and shallow plot meant that even a minor loss of garden area, especially on the south side, caused substantial damage, so a full building-land-based compensation was justified.