Dike law

from Wikipedia, the free encyclopedia

As a dike right the whole is legal standards referred, relying on the legal status of dykes relate. An important area is the regulation of the dike load. The dyke load is the obligation to maintain and build the dykes. In addition, the dyke law also regulates the ownership of the dykes and the dyke properties.

Current legal situation

Constitutional foundations

According to Art. 74 No. 17 of the Basic Law , coastal protection , which also includes the construction of the dikes, is the subject of competing legislation , and according to Art. 91a, Paragraph 1, No. 3 of the Basic Law, it is a joint task of the Federation and the Länder. According to this, the federal states are authorized to legislate , unless the Federal Republic of Germany makes use of its legislative authority. The classification as a joint task means that the federal and state governments have to pay for the costs incurred by the public sector.

Dike laws of the federal states

According to Art. 66 of the EGBGB , the state legal provisions, which belong to the dyke and sewer law, remain unaffected by civil law .

The German coastal states of Lower Saxony , Bremen , Hamburg , Schleswig-Holstein and Mecklenburg-Western Pomerania have regulations on dyke law in different laws.

  • In Bremen, the Bremen Water Act (BremWG) contains in Chapter VIII. Provisions for the construction and maintenance of the dikes.
(see also: History of the Bremen dyke system )
  • In Hamburg, Part Six, Section III of the Hamburg Water Act (HWaG) contains regulations on dyke construction and expansion.
  • In Mecklenburg-Western Pomerania, the regulations can be found in the Water Act of the State of Mecklenburg-Western Pomerania (LWaG) of November 30, 1992
  • Lower Saxony created the dike law in the Lower Saxony Dyke Act (NDG) of 1963 with regulations for the construction and maintenance of dikes. The Dyke Act applies in the version dated February 23, 2004, last amended by the Act of October 13, 2011 (Nds. GVBl. P. 353).
  • In Schleswig-Holstein, the seventh part of the Schleswig-Holstein Water Act (Landeswassergesetz - LWG -) contains regulations on dykes
  • In Saxony-Anhalt, the Water Act contains regulations for dykes.

Today's organization of the dyke load

In Germany, the owners of dike properties are grouped into dike associations . These associations are legally corporations under public law . The dyke associations are responsible for the construction and maintenance of the dykes. The associations are each headed by the dike count (also dike guard, dike judge, dike captain). The supervisory authorities of the dike associations are superordinate to the dike associations. They exercise the authority under police law to protect the dykes and are also known as the dyke police.

Expropriations for dyke construction

Today's dyke law provides that ownership of the dykes is transferred to the state or public corporations. This is quite permissible as a form of legal expropriation according to Article 14.3 of the Basic Law, since flood protection itself is the protection of property rights and an important task of the common good. However, the interests of the general public must be weighed up against the interference with property, taking into account the principle of proportionality .

Individual evidence

  1. ↑ Law of February 24, 2004, Brem.GBl. P. 45, last amended on November 21, 2006, Brem.GBl. P. 467  ( Page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / www.umweltdigital.de  
  2. ↑ Law of March 29, 2005 (HmbGVBl. S. 97)  ( page no longer available , search in web archives )  Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.@1@ 2Template: Toter Link / hh.juris.de  
  3. ↑ GVOBl. Mecklenburg-Vorpommern 1992, p. 669, last amended by law of August 1, 2006 (GVOBl. MV p. 634) ( Memento of the original of October 11, 2007 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.mv-regierung.de
  4. ↑ Nds.GVBl. No. 6/2004 page 84
  5. ^ Act in the version published on January 6, 2004, GVOBl. Schleswig-Holstein 2004, p. 8; last amended by law of March 6, 2007, GVOBl. p. 136
  6. ↑ BVerfG judgment of December 18, 1968, Az. 1 BvR 638, 673/64 and 200, 238, 249/65, BVerfGE 24, 367 (Hamburg Deichordnungsgesetz).
  7. ↑ BVerfG decision of January 15, 1969, Az. 1 BvL 3/66, BVerfGE 25, 112 (Lower Saxony Dyke Act)

literature

on the creation of the right to dike:

  • Deich- und Hauptsielverband Dithmarschen (Hrsg.): Chronicle of the Deich- und Hauptsielverbandes Dithmarschen , Vol. I: Historical presentation, legal basis, formation of water and soil associations and association activities , 2nd edition, Hemmingstedt 2008, pp. 17 to 57 .
  • Gierke, J. von (1901/1917): The history of the German dyke law, I. and II. Part.- Breslau.
  • Peters, K.-H. (1992): Development of dyke and water law in the North Sea coastal area - in: Kramer, J., Rohde, H. (1992): Historischer Küstenschutz. Dyke construction, island protection and inland drainage on the North and Baltic Seas - German Association for Water Management and Cultural Building eV, DVWK: 181-206, Stuttgart (Wittwer).