Questão jurídica principal
Whether landowner contributions may be levied for infrastructure works that have not yet caused costs to the municipality under § 24 BauG.
Decisão extraída
No. Under § 24 BauG, landowner contributions for public works may be collected only up to the amount of costs already incurred by the municipality; future works fall outside this rule unless they are true replacement charges.
Fundamentação extraída
The court held that early maturity clauses are possible, but only if the statutory requirements of a benefit charge are already met, including both current benefit to the property and costs already incurred by the public body. Winznau had incurred no costs for the planned road network, so the fee could not be based on future expenditure. The special case of replacement charges under § 24(2) BauG did not apply.