Questione giuridica chiave
Whether the takeover and extension of an existing private access road created a special benefit justifying landowner contributions.
Decisione estratta
No. Because the relevant road section was not materially improved and the property received no additional access benefit, no special benefit existed.
Motivazione estratta
Contribution liability under Art. 19 RPG, § 108 PBG and § 6 GBV requires a public access facility to create a measurable added value or special benefit. Here the access road remained essentially unchanged; no paving, curbing, sidewalk or lighting was added on the section serving the appellant, and the road was already in good condition. Closing the new road to through traffic also prevented any broader traffic advantage.