Historic street

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As Historic street in administrative law from an inner-city and even before the introduction of the country road law is spoken for growing certain road. So at that time it was considered a completed road. Today's courts and city administrations deal with the term historic street mainly about current development obligations based on the status of the respective street at the time of the adjoining historical and first-time development (development).

Until around 1850

It was not until the middle of the 19th century that the administrations of the German princes and royal houses introduced road construction laws (e.g. Baden Road Construction Act 1860 or Baden-Württemberg Road Construction Act 1872). Road types and standards were defined for the first time in the laws:

From around 1850 to around 1960

From the introduction of the state building laws (e.g. Baden Local Roads Act of February 20, 1868), the type of development and urban design regulated the status of each street. Today's courts decide the question of a historical completion of a road based on circumstantial evidence:

  • Historical maps (e.g. original maps and hand drawings in land surveying offices)
  • Historical documentation from archives
  • Naming (local path, main street, Vicinalweg, field path, neighborhood street ...)
  • Development plans and building regulations (more and more used from the middle of the 19th century)
  • Building lines in building applications and site plans
  • Actual building design
  • Special buildings (e.g. churches, office buildings, large buildings, bridges, trade and travel routes, squares, special trades ...)

From 1961

From June 30, 1961, the Federal Building Act regulates the status of roads. The financing of the roads is regulated depending on their status. While federal, state, district and main roads are free of charge, collective roads, secondary roads and residential roads are subject to development costs. The decisive factor here is whether a road creates an advantage for the built-up property (e.g. increase in value from grassland to building land) or a disadvantage (e.g. free passage for third parties) through development.

See also

Individual evidence

  1. ↑ Law Forum
  2. ^ Court judgment Baden-Württemberg 1994
  3. ↑ 2004 Court judgment Bavaria 2004 ( Memento from March 29, 2014 in the Internet Archive )
  4. ^ Münstertal development dispute
  5. ^ Judgment VG Freiburg 2012 Development costs for road built in 1869
  6. ↑ Judgment VG Mainz 2011 No development costs for road built in 1900