Passage of water and sewage
The passage of water and wastewater is an element of German water law . It regulates the compulsory toleration of the passage of water and sewage by the owner or person entitled to use a property on the basis of an administrative act under public law .
Legal basis
Section 93 of the Water Management Act empowers the administrative authority ( water authority ) to oblige an owner or person entitled to use a property by issuing a toleration order to tolerate the passage of water and waste water as well as the construction and maintenance of the facilities used for this purpose, insofar as this is for the drainage or irrigation of property , for water supply , for sewage disposal , for the operation of a dam or for protection against or to compensate for impairments of the natural or water balance due to a lack of water .
Factual requirements
According to § 93 sentence 2 i. V. § 92 sentence 2 WHG, the issuance of the toleration order is only permissible if the project cannot be carried out as expediently or only with considerable additional effort and the benefit to be expected from the project is considerably greater than the disadvantage of the person concerned.
Procedure
The authority acts upon request ; As a rule, the applicant is the person who requests the transfer.
With the application, the necessity of the line routing or the specific additional expense of alternative line routing must be proven by the applicant. It must also be proven that an alternative can be provided by a civil law line right z. B. in the form of the registration of an easement does not exist, or that no agreement could be reached between the parties.
compensation
If the obligation to tolerate or permit unreasonably restrict the property, compensation must be paid for this in accordance with Section 95 WHG. The procedure and amount of the compensation are based on §§ 96ff. WHG.
Similar regulations
Another legal basis for the tolerance obligation can be found in § 8 AVBWasserV.
- Passage law (Switzerland)
- Emergency right of way
