Law on construction of the section Wismar Wismar East-West of the motorway A 20 Lübeck-German border (A 11)

Original Language Title: Law on construction of the section Wismar Wismar Ost-West of the motorway A 20 Lübeck-German border (A 11)

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Law on the construction of the section Wismar West-Wismar East of the Bundesautobahn A 20 Lübeck-Bundesfrontier (A 11)

Unofficial table of contents

BABWismarG

Date of completion: 02.03.1994

Full quote:

" Law on the construction of the Wismar West-Wismar Ost section of the Bundesautobahn A 20 Lübeck-Bundesfrontier (A 11) of 2 March 1994 (BGBl. 734), as last amended by Article 287 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407). "

Status: Last amended by Art. 287 V v. 31.10.2006 I 2407

For more details, please refer to the menu under Notes

Footnote

(+ + + Proof of text: 20.4.1994 + + +) 

Unofficial table of contents

Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

§ 1 Approval of the project

(1) For the production of the uniformity of living conditions in the entire territory of the Federal Republic of Germany, the Bundesautobahn A 20 is part of the necessary infrastructure in the section Wismar West-Wismar Ost (bypassing Wismar, Construction-km 31,7 -construction-km 41.8), including the facilities necessary for the operation of the road transport route. The construction is carried out according to the plan, which is attached to this law as annexes 1 to 12. (2) This law provides for the admissibility of the construction measure, including the necessary follow-up measures on other plants with regard to all of it. public concerns. Further official decisions, in particular public-law authorisations, lending, permits, permits, consents and plan findings are not required. This law regulates all public relations between the carrier of the road construction load and the parties affected by the plan in a legally-designed manner. Unofficial table of contents

§ 2 Changes and additions to the plan

(1) The Federal Ministry of Transport, Building and Urban Development is authorized to amend and supplement the plan in accordance with § 1, subject to compliance with the broad guidelines of the planning, by means of a regulation without the consent of the Federal Council, to the extent that after the entry into force of the plan the law shall become aware of the facts which are contrary to the execution of the project in accordance with the conditions laid down. The Federal Ministry of Transport, Building and Urban Development has to consider all the concerns involved. (2) The authority responsible for planning findings in accordance with the Federal Road Traffic Act has to make additional regulations,
1.
in so far as it is reserved for the final decision in the plan referred to in § 1 or a legal regulation referred to in paragraph 1,
2.
in the event that unforeseeable effects of the project or of the installations corresponding to the plan referred to in § 1 or of a legal regulation referred to in paragraph 1 occur on the neighbouring land only after the entry into force of this law and the affected arrangements or the establishment and maintenance of installations which exclude the adverse effects,
3.
to the extent that it is of insignificant importance for planning changes.
The procedures applicable to the determination of the plan shall apply to the procedure. (3) The Federal Administrative Court shall decide on the validity of the legal regulations referred to in paragraph 1 upon request. The provisions of Section 47 of the Administrative Court Rules are applicable to the procedure. Unofficial table of contents

§ 3 Expropriation Proceedings, Expropriation Compensation, Judicial Procedure

(1) The expropriation in favour of the carrier of the road construction load shall be permitted insofar as it is necessary for the execution of the building projects as determined in the plan pursuant to § 1 and § 2 (1) and (2). (2) The expropriation procedure is governed by § § 104 to 122 (3) § § 116 of the Civil Code applies. (3) § § 93 to 103 of the Building Code apply. (4) For the court proceedings, the legal procedure for the property is to be considered as a Review of the decisions of the expropriation authority shall be governed by § § 217 to 232 of the Construction Code accordingly. Unofficial table of contents

§ 4 Early possession of the property

(1) In the event that the owner or owner refuses to leave the property of a land required for the construction or alteration of the transport route by agreement subject to all claims for compensation, the expropriation authority shall have the following: Carrier of the road construction load on request to be incorporated. Further conditions are not required. (2) The expropriation authority has to negotiate verbally with the parties at the latest six weeks after receipt of the application for possession of the property. To this end, the carrier of the road construction load and the persons concerned must be loaded. In so doing, the person concerned must be informed of the request for possession. The charge period shall be three weeks. With the summons, the persons concerned shall be asked to submit any objections to the application before the oral proceedings with the expropriation authority. They must also be pointed out that, even in the case of non-appearance, the application for possession of the property and other applications to be made in the proceedings can be decided. (3) Where the condition of the land is of importance, the The expropriation authority shall establish it in a minutes until the beginning of the oral proceedings, or be determined by an expert. A copy of the minutes or the result of the investigation must be sent to the parties concerned. (4) The decision on the possession of the property shall be the institution of the road construction load and the person concerned no later than two weeks after the oral proceedings . The transfer of possessions shall take effect in the date referred to by the expropriation authority. This date shall be set at a maximum of two weeks after the date of notification of the pre-possession order to the immediate owner. The owner of the property is removed from the property and the owner of the road building load owner. The carrier of the road construction load may, on the property, meet the construction project, which is referred to in the application for possession of the property, and the measures necessary for it. The decision on the possession of the property is immediately enforceable. (5) The institution of the road construction load shall compensate for the financial disadvantages resulting from the early possession of the property, provided that the disadvantages are not caused by the interest rate. the compensation for the deprivation or restriction of the property or other right shall be compensated for. The nature and amount of the compensation shall be determined by the expropriation authority in a decision. Unofficial table of contents

§ 5 Representative of the owner

If the ownership of a property is unresolved, the municipal supervisory authority of the municipality in which the affected property is located shall, in the cases of § § 3 and 4, upon request of the expropriation authority within two weeks after the date of application. Request a representative of the owner. § 16 (3) and (4) of the Administrative Procedure Act shall apply. Unofficial table of contents

§ 6 Entry into force

This Act shall enter into force on the day after the announcement. Unofficial table of contents

Appendix 1 Explanatory report

(Contents: undetected explanatory report with unrepresentable graphics and overview maps,
Reference: Investment country I to the BGBl. 22 of 19.4.1994 I 734, p. 11-158) Unofficial table of contents

Appendix 2 Overview map

(Contents: non-representable overview maps,
Reference: Investment country I to the BGBl. 22, 19.4.1994 I 734, p. 159-164) Unofficial table of contents

Appendix 3 Map

(Contents: not representable overview,
Reference: Investment country I to the BGBl. 22 of 19.4.1994 I 734, p. 165-166) Unofficial table of contents

Appendix 4 overview map and overview map

(Content: non-representable overview plan and overview map,
Reference: Investment country I to the BGBl. 22 of 19.4.1994 I 734, p. 167-168) Unofficial table of contents

Annex 5 List of structures, supply lines and other installations (List of buildings)

(Content: unrecorded construction directory,
Reference: Investment country I to the BGBl. 22 of 19.4.1994 I 734, p. 169-214) Unofficial table of contents

Appendix 6 Cross-sections

(Contents: non-representable cross-sectional drawings,
Reference: Investment country I to the BGBl. 22 of 19.4.1994 I 734, p. 215-219) Unofficial table of contents

Appendix 7 Site plan and elevation plan

(Content: location and elevation plans, not representable,
Reference: Investment and investment country II to BGBl. 22 of 19.4.1994 I 734, p. 221-228) Unofficial table of contents

Annex 8 Supply management plan

(Contents: non-representable supply management plan-the supply lines affected by the plan are included in Annexes 5 and 7-,
Reference: Investment and investment country II to BGBl. 22 of 19.4.1994 I 734, p. 229) Unofficial table of contents

Appendix 9 GrunderwerbsDirectory

(Content: undetected basic value index,
Reference: Investment and investment country II to BGBl. 22 of 19.4.1994 I 734, p. 231-280) Unofficial table of contents

Appendix 10 GrunderwerbspPlans

(Content: non-representable basic-value plans,
Reference: Investment and investment country II to BGBl. 22 of 19.4.1994 I 734, p. 281-282) Unofficial table of contents

Annex 11 Results of the landscape-related accompanying planning

(Content: undetected explanatory report with non-representable graphics and plans,
Reference: Investment country III to BGBl. 22 of 19.4.1994 I 734, p. 283-378) Unofficial table of contents

Appendix 12 Sound technical investigation

(Content: undetected explanatory report with non-representable overview plans,
Reference: Investment country III to BGBl. 22 of 19.4.1994 I 734, p. 379-396)