Werner Koch (expert)

from Wikipedia, the free encyclopedia
Werner Koch

Werner Koch (born April 23, 1927 in Stuttgart ; † April 28, 1993 ibid) was a German expert and in particular valuation expert for trees , shrubs and permanent crops .

Life

Werner Koch initially worked from 1953 to 1971 at the property office of the Stuttgart city ​​administration in the field of land acquisition. He then became a freelance, publicly appointed and sworn expert for horticultural appraisal and compensation as well as for land damage . From 1974 until his death he was a lecturer at the Nürtingen-Geislingen University of Economics and Environment .

Koch developed a modified material value method, called the “Koch method” by the Federal Court of Justice, which enables trees, bushes, hedges, etc. to be valued for damages and compensation. It was included in the city ​​council guidelines. The Koch method has been the so-called state of the art since the BGH judgment of May 13, 1975 - Kastanienbaum judgment - Az. VI ZR 85/74 . The Koch method was also confirmed by the BGH judgment of January 25, 2013 - V ZR 222/12 with the following motto: “Even if a wood or a tree is not destroyed, but only damaged (here: Thuja plantation), the resulting Depreciation of the property can be calculated according to the “Koch method”. The provisions of the Real Estate Valuation Ordinance of May 19, 2010 do not conflict with this. "

Numerous higher regional courts , regional courts and local courts have confirmed the Koch method through judgments. This can be found in the numerous case law overviews in the legal journal Insurance Law , as well as in the "Updated wood value tables ".

Werner Koch founded the wood seminars . They were carried out under his direction in Bonn-Bad Godesberg and Leipzig. At these seminars, experts and employees of authorities at home and abroad were brought closer to the "Koch method" and procedures for assessing the stability of trees .

He was chairman of the working group of experts in horticulture, landscaping and sports field construction (AGS) and chairman of the support group of experts' board of trustees (SVK) .

Koch was a natural philosopher and a holistically thinking leader. Werner Koch has published numerous articles in horticultural, economic and legal journals.

Method cook

The Koch method is suitable for the valuation of protective and design greenery in the areas of compensation and compensation . The Koch method determines the real value of the green on the basis of normal production costs according to current price relationships. How do you usually plant where? Partial production plus further production costs including interest costs (value replacement). In the case of partial damage: loss of substance plus costs and consequential costs of the injury.

Applicability method cook

Compensation compensation
Basis of claim Unauthorized act , breach of contract , § 249 BGB , § 251 BGB Expropriation , expropriation-like intervention . Numerous federal and state laws, e.g. B. Building Code (BauGB)

Replanting case

Werner Koch also developed the “replanting method” to compensate permanent crops (vines, fruit trees, etc.). The calculation is based on a change in revenue and costs and determines the value of a permanent crop.

Awards

Fonts

  • Appreciation and compensation in horticulture, including home and allotment gardens, and orchards and viticulture . Publishing house Eugen Ulmer, Stuttgart 1967
  • Traffic and compensation values ​​of trees, bushes, hedges, fruit trees and vines according to the material value method . Verlag Pflug und Feder, Bonn 1978
  • Guidelines for determining compensation in allotment gardens . 1980
  • Standard literature on valuation: Updated woody value tables. Trees and bushes as part of property on roads, in parks and gardens and in the open countryside, including fruit trees . 3rd edition by Hötzel / Hund, Verlag Versicherungswirtschaft, Karlsruhe 2001, ISBN 3-88487-897-2

Web links