Value equalization law

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Basic data
Title: Law on the legal relationships with structural measures on previously used land
Short title: Value equalization law
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Public law , civil law
References : 624-2
Issued on: October 12, 1971
( BGBl. I p. 1625 )
Entry into force on: October 13, 1971
Last change by: Art. 7 para. 32 G of June 19, 2001
( Federal Law Gazette I p. 1149, 1173 )
Effective date of the
last change: 		September 1, 2001
(Art. 11 G of June 19, 2001)
Weblink: Text of the law
Please note the note on the applicable legal version.

The Value Equalization Act (WAG), which came into force in 1971, regulates the legal relationships on land on which an object has been connected at the instigation of an occupying power or foreign armed forces stationed in Germany . To put it simply, it is about the following facts: An occupying power had confiscated a piece of land after the end of the Second World War and built or redesigned a building on it. The usage relationship between the foreign state and the property owner ended when the property was released (Section 3 (1)). The following questions arose: Who does the property associated with the property belong to? Can the property owner request removal of the property? Is the property owner obliged to compensate for an increase in value? If these questions are not already regulated by the BGB or by agreement, the WAG applies. One example is the construction work of the British military government on the confiscated Steintorwall 3 property in Braunschweig .

Essential content

  • § 3: Acquisition of property by the property owner with the release of the property
  • § 4: Obligation of the property owner to compensate for an increase in value
  • § 8: The Federal Republic of Germany is entitled to compensation
  • Sections 10–18: Employment obligation of the Federal Republic of Germany
  • Sections 19–31: procedural and final provisions
    • § 21: The property owner has no claim to removal
    • Section 23: Administrative legal channels
    • Section 24: Legal recourse to the ordinary courts for actions relating to the determination of the compensation, the security deposit pursuant to Section 19 and the compensation to be granted pursuant to this Act
    • Section 30: Application to land that was used by Soviet troops (as an occupying power or on a contractual basis). Precedence of the Property Act , the Compensation and Compensation Act.

Development of the law

Minor changes were made in 1977 by the simplification amendment and in 2001 by the Tenancy Law Reform Act. According to the Unification Treaty , the law was exempt from coming into force in the accession area because “the purpose of these regulations is to be regarded as settled today.” This decision was corrected by Article 7 of the Compensation and Compensation Act (EALG); the WAG came into force there essentially on December 1, 1994. "The corresponding application of the Value Adjustment Act to the legal relationships in the new federal states is necessary in order to adequately regulate the complicated legal relationships that arose as a result of the structural changes carried out by the Soviet troops on third-party properties .... From the transition of the Value Adjustment Act to the area the new federal states were initially refrained from, as no comparable cases were known in the new federal states. In practice, however, it has been shown that the problem cases that the Value Adjustment Act regulates in the old federal territory also occurred in the new federal states. "

Jurisprudence and administrative regulations

Supreme court rulings on the Value Adjustment Act are not known. However, in its decision on the Schalke Listening Post , the Federal Administrative Court considered applying the law analogously to the present case, but denied it.

In recovery Circular of the Ministry of Finance to § 349 LAG is regulated as value-assemblies are to be treated by the Soviet occupying power.

Responsibilities

  • Bavaria: Ordinance to determine the authority according to § 9 sentence 2 of the Value Equalization Act, BayRS IV, p. 696:

"The competent authority according to Section 9 Clause 2 of the Value Adjustment Act is the government in whose district the property is located."

  • Berlin: IX. The division of the Senate Department for Urban Development and the Environment includes: 6. ... Authority according to Section 9 Clause 2 of the Value Adjustment Act ....
  • Hamburg: Order for the implementation of the Value Adjustment Act of March 2, 1972, Official. Number 1972, p. 325:

"The competent authority according to § 9 sentence 2, § 11, § 13 paragraph 1 sentence 3, § 19 sentence 3 and § 20 sentence 3 of the Value Adjustment Act of October 12, 1971 (Federal Law Gazette I, page 1625) is the financial authority."

  • Hesse: Ordinance on responsibilities under the Protection Areas Act, the Land Procurement Act and the Value Adjustment Act of November 7, 2006, GVBl. I p. 558.

"The competent authority in accordance with Section 9 Clause 2 of the Value Adjustment Act is the regional council in whose district the property is located."

canceled; see. GVBl. 2006 I p. 558, GVBl. II 314-18 § 4.

  • North Rhine-Westphalia: Ordinance to determine the authority according to § 9 sentence 2 of the Value Equalization Act (repealed by Regulation of April 5, 2005 (Article 161 of the Second Limitation Act, GV.NRW. P. 274), entered into force on April 28, 2005. ) (Obsolete due to expiry of the deadline.)
  • Rhineland-Palatinate: State ordinance on jurisdiction under the Value Adjustment Act of September 19, 1972, GVBl 1972, 316:

"The competent authority in accordance with Section 9 Clause 2 of the Value Adjustment Act is the Structure and Approval Directorate."

  • Saxony: Ordinance of the Saxon State Ministry of Finance transferring the responsibility for regulating the equalization claims to the regional councils of May 23, 1997

"The competent authorities for decisions in accordance with Section 9 Clause 2 Value Adjustment Act are the regional councils."

  • Schleswig-Holstein: State ordinance for the determination of the authority according to § 9 sentence 2 of the Value Adjustment Act of August 28, 1972

"Authority according to § 9 sentence 2 of the Value Adjustment Act is the Ministry of the Interior."

literature

  • Raimund Kössler: Current legal issues on former, developed WGT properties in private ownership using the example of the State of Brandenburg. In: ZOV 1998, pp. 9-10.

Individual evidence

  1. ↑ Official justification: BT-Drs. 6/1615 .
  2. ↑ Appendix I Chapter IV Subject A: Regulations Following the War, Section I No. 21.
  3. ↑ Justification for the Unification Treaty, Bundestag printed paper 11/7817, p. 101. (PDF; 4.0 MB)
  4. ↑ Law of September 27, 1994 ( Federal Law Gazette I p. 2624, 2633 ).
  5. ↑ Justification for the government draft of the EALG, Bundestag printed paper 12/4887 p. 52 f. (PDF; 1.8 MB)
  6. ↑ Decision of November 21, 2000 - 4 B 36.00, NVwZ 2001, 537.
  7. ↑ Circular for reclaiming or otherwise taking account of burden equalization services in the event of compensation for damage - Reclaim circular - of January 29, 2013, Az. I 2 - LA 3481 (3482) - 1/13, juris, section 5.2.1.2.2: Compensation for damage after use of the property by the Soviets .
  8. ↑ Division of business by the Senate. Retrieved on February 13, 2013. ( Memento of the original from February 15, 2013 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.berlin.de
  9. ↑ Annex to Section 4, Paragraph 1 of the Act on Responsibilities in the General Administration of Berlin i. d. F. of July 22, 1996 (GVBl. P. 302, ber. P. 472), last amended by Art. VII of the law of December 15, 2010 (GVBl. P. 560).