Green area on private ground: property rights in the focus of the OVG judgment!

Green area on private ground: property rights in the focus of the OVG judgment!

A current judgment of the Greifswald Higher Administrative Court has tipped the B-Plan for a green area on private ground. The case concerns a property owner, the approximately 1,000 square meter property of which was included in the planning. The court made it clear that careful consideration is required to determine whether the restriction of property is justified. Otherwise, the withdrawal can be considered disproportionate.

This judgment, which was made on September 26, 2023, raises important questions about the legal basis of such planning. If public interests against private property rights are weighed up, this consideration must be transparently and comprehensible. The exact details of the case and the underlying arguments are in the report on www.iz.de to read.