Bad Dürkheim gondola lift
| Bad Dürkheim gondola lift | ||
|---|---|---|
 Valley station 2008 |
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| Data | ||
| place | Bad Dürkheim | |
| builder | Dürkheimer Gondelbahn GmbH | |
| Client | Peter Schwab | |
| Builder | City of Bad Dürkheim | |
| Architectural style | Cable car | |
| Construction year | 1969-1973 | |
| demolition | 2018 | |
| Coordinates | 49 ° 27 '58 .9 " N , 8 ° 10' 12.9" E | |
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The Bad Dürkheim gondola lift in the Palatinate spa and district town of Bad Dürkheim ( Rhineland-Palatinate ) was a small cabin lift that was operated in the city from 1973 and had to cease operations in 1981 according to a decision by the Federal Constitutional Court .
While the investor and a citizens' initiative tried to resume operations, essential parts of the facility were destroyed by arson at the beginning of 2000 , including the building of the mountain station and most of the gondolas. Although building permits for a new building existed until 2017 , the uncertainty remained due to the high costs; these were estimated at 11 million euros in 2012 . At the turn of the year 2017/2018, also because civil lawsuits were feared, the final end was announced.
Geographical location
The gondola lift led from about 116 m above sea level. NHN ( ⊙ ) site of the Dürkheimer Wurstmarkt , the Brühlwiesen , in a north-westerly direction up to almost 300 m height ( ⊙ ) almost to the summit of the 317 m high Teufelsstein in the Haardt . From the city on the left of the route were the cultural monuments Heidenmauer , a Celtic ring wall , and Kriemhildenstuhl , a quarry from Roman times , on the right the nature reserve No. 7332-175 Haardtrand - Am Schlammberg .
Support No. 4 - the last not demolished support
2004: Mountain station burnt out in 2000
Valley station 2007
Building history
| Technical data (until 1981) | |
|---|---|
| Route length | about 1270 m |
| Height difference | about 180 m |
| Conveyor rope diameter | 26 mm |
| Number of supports | 8th |
| Driving speed | 3 m / s |
| Travel time | about 7 min. |
| Number of cars | 43 |
| Delivery rate per direction | 650 people / hour |
| Operating period | 1973-1981 |
| Passengers carried | about 2 million |
| Manufacturer | PHB Cologne |
Conclusion of contract
In 1964 the entrepreneur Peter Schwab and the city of Bad Dürkheim signed a partnership agreement on the establishment of the Dürkheimer Gondelbahn GmbH . The aim was to build a gondola from the Wurstmarktplatz up to the Teufelstein. A valley and a mountain station as well as eight supports were to be built.
Expropriation proceedings
In order to realize the project, the Dürkheimer Gondelbahn GmbH endeavored to either acquire land on the route or at least encumber it with appropriate easements . Since this did not succeed in full, the GmbH applied to the district government of the Palatinate for the expropriation of those owners who refused to sell land or allow easements. In doing so, it relied on the then still valid Bavarian law on expropriation for reasons of the common good in the version of December 9, 1943.
For a decision on the expropriation, the district government submitted the application to the Ministry of the Interior of the State of Rhineland-Palatinate. Like the district government, this was of the opinion that the expropriations did not serve the common good and that the principle of proportionality opposed them. The state government then rejected the submitted applications for expropriation. The Dürkheimer Gondelbahn GmbH did not assert any legal remedy against this , so that the rejection became legally binding.
The city of Bad Dürkheim made another attempt by approving a development plan that indicated the route of the gondola lift. But the district government came to the conclusion that the development plan could not be approved; it was then canceled.
The submission of a further development plan - essentially corresponding to the first - initially led to doubts from the district government, but these were resolved after consultation with the city. In February 1968, the Dürkheimer Gondelbahn GmbH applied for - this time in accordance with the provisions of the Federal Building Act - to compulsorily encumber the land in question with easements. The district government initially raised concerns about the admissibility of such expropriation-like interventions , but the district president ordered a further examination. This came to the conclusion that the interventions were permissible. As a result, the land of the owners concerned was encumbered with personal easements by an expropriation decision of November 21, 1968. The Dürkheimer Gondelbahn GmbH was allowed to enter and drive on the respective properties in order to be able to carry out the work required for operation, maintenance, modification and renovation. The owners were compensated accordingly.
Then the construction of the cable car began, which lasted from 1969 to 1973. In 1973 the operation was opened.
Litigation before the ordinary courts
In 1969, eleven owners affected by the expropriation applied for a court decision according to §§ 157 ff. Of the Federal Building Act.
The Frankenthal Regional Court (Palatinate) gave the applicants the right in the first instance on the grounds that the expropriations were not necessary for reasons of general welfare. In response to the appeal by Dürkheimer Gondelbahn GmbH, the Zweibrücken higher regional court overturned the regional court's judgment in the second instance and confirmed the expropriation orders. The directed against it Revision of the landowners was the Federal Court in Karlsruhe in third instance by decision rejected and without notice.
Judgment of the Federal Constitutional Court
The landowners lodged a constitutional complaint with the Federal Constitutional Court in Karlsruhe against the expropriation decisions, the decision of the Zweibrücken Higher Regional Court and the decision of the Federal Court of Justice . The complainants based them on the violation of Article 14 paragraph 3 sentence 2 of the Basic Law and, in one case, on the violation of Article 3 paragraph 1 and Article 103 paragraph 1 of the Basic Law.
With a judgment of March 10, 1981, the Federal Constitutional Court overturned the expropriation decisions as well as the decisions of the Zweibrücken Higher Regional Court and the Federal Court of Justice for violating Article 14 (1) sentence 1 of the Basic Law. The constitutional court essentially based the judgment on the consideration that the expropriation of individual citizens in the interests of a private business enterprise is in any case inadmissible if there are no additional weighty reasons of the common good. Furthermore, it declared the application of the Federal Building Act to be unlawful, as the state legislature had made its own regulations that should have been used in place of the Federal Building Act.
After the ruling by the Federal Constitutional Court, the gondola lift ceased operations in 1981.
Attempted restart and off
In January 2000, the mountain station and most of the cabins burned down as a result of arson . In 2001 the original operator was able to acquire easements for all the properties to be "overflown". Together with the citizens' initiative Pro Gondelbahn, he sought to reopen the lift for tourist purposes. With this in mind, the pillars - with the exception of pillar 4 - were dismantled in 2005 to pave the way for a modernized runway. The State Office for Roads and Transport , today the State Office for Mobility of Rhineland-Palatinate , granted approval for the new construction of the facility in December 2006. The operator announced that the gondolas should run to the Dürkheimer Wurstmarkt again for the first time in 2008.
But the preparations came to a standstill because the operator demanded a guarantee from the country that the area to be overflown would not be declared a nature reserve in the next few years. The country refused this guarantee. The operator also argued with his insurance company about compensation of 5 million euros for the mountain station that burned out in 2000. This should be decided at a court hearing in Berlin in September 2010 ; however, this decision was not made. The insurance only replaced the current value and not the new value of the mountain station. The approval to rebuild the gondola lift (which should initially cost around 6.5 million euros) was initially limited to March 2012. Up to this point in time, the investor had gutted the valley station and had the route cleared sufficiently.
As a result, the State Office for Mobility in Koblenz extended the building permit until spring 2017. The cost of the entire rebuilding has meanwhile been estimated at 11 million euros. In the meantime, the resistance against the building ruins in Bad Dürkheim increased.
At the New Year's reception in 2017, Mayor Christoph Glogger announced that the city wanted to bring about a decision either to rebuild or to demolish the property later this year. The previous operator reached an agreement with the city as follows: If the city can win a suitable investor, all the land and rights that are necessary to operate the gondola will be sold to the interested party. No information was given about a purchase price. At the city council meeting on August 29, 2017, the resolution was finally passed with a dissenting vote: “The city council names the investor group Mathias Hensel and Dr. Burkhard Wagner as the recipient of the offer for the purchase contract dated June 26, 2017 with Mr. Peter Schwab, Bad Dürkheimer Gondelbahn GmbH. "Hensel was quoted regarding the planned commissioning, his dream target for the commissioning was Easter 2019.
In December 2017, the group of investors gave up on the reconstruction. The requirements of nature conservation and the risk of legal action against the new plant are too high . In addition, the consent of the property owners below the route was still missing. The demolition work on the valley station began on March 24, 2018.
Web links
- Texts and pictures about the gondola lift (1)
- Texts and pictures about the gondola lift (2)
- Detailed information on the occasion of the city council meeting on August 29, 2017 (3)
Individual evidence
- ↑ a b The Rhine Palatinate . Ludwigshafen April 24, 2012.
- ↑ a b No chance of a new gondola lift. In: The Rhine Palatinate . Pfalz-Ticker Bad Dürkheim, December 22, 2017, accessed on January 18, 2018 .
- ↑ a b Mayor announces the demolition of the ruined gondola. In: The Rhine Palatinate . Pfalz-Ticker Bad Dürkheim, January 17, 2018, accessed on January 18, 2018 .
- ↑ Map service of the landscape information system of the Rhineland-Palatinate nature conservation administration (LANIS map) ( notes )
- ↑ Law and Ordinance Gazette (GVBl) 1944 . December 9, 1943, p. 1 .
- ↑ Federal Constitutional Court : Az. 1 BvR 96/71 . (BVerfGE 56, 249 ff. - "Dürkheimer Gondelbahn").
- ↑ The Rhine Palatinate . Ludwigshafen January 2, 2007, p. 22 .
- ↑ The Rhine Palatinate . Ludwigshafen June 24, 2010, p. 10 .
- ↑ The Rhine Palatinate . Ludwigshafen April 25, 2012.
- ↑ The Rhine Palatinate . Ludwigshafen August 30, 2011.
- ↑ Rolf Sperber: The "eyesore" in Bad Dürkheim will remain until at least 2017 . In: Rhein-Neckar-Zeitung . Heidelberg January 9, 2014 ( Online: rnz.de [accessed September 14, 2015]).
- ^ City administration Bad Dürkheim: Project sponsor for gondola lift selected . Bad Dürkheim August 29, 2017 ( Online: bad-duerkheim.de [accessed September 5, 2017]).
- ↑ Bad Dürkheim: The ruin of the valley station of the gondola will be torn down . ( rheinpfalz.de [accessed on March 26, 2018]).