The nationalization of private property is not an act of Communist tyranny, but under certain conditions, by the basic law to be covered. From a constitutional point of view, have to expropriate the initiators of the referendum “Deutsche Wohnen & Co” for their campaign against large real estate companies in Berlin and a reasonable prospect of success. However, you need to take a long breath, for the expropriation of land not lands often end up in court.
This is no wonder, because in the case of expropriations initiated a public interest and private economic power in head-to-head. There are always policy decisions of the Federal court or the Federal constitutional court. The article 14 of the basic law is formulated in a simple, but very open to interpretation: “the property obliges. Its use should also serve the public weal. Expropriation is only for the benefit of the General public is permitted.“ The nature and extent of the compensation must be regulated by law, “under a just consideration of the interests of the General public and of those Involved”.
It’s about the common good – and affordable housing
The activists in Berlin have not seen, apparently, only the basic law, but also the Supreme court rulings on expropriation in more detail before you have worked out your bill. At first glance, it met all the criteria set by the Constitution. The company, which are to be associated, which can be fairly precisely defined. All the companies are “affected with a view to profit” and at least 3000 dwellings in the stock. Including subsidiary companies in which the group with at least a 20 percent share.
The compensation is to be regulated in the basic law required, by law. It is a public-Law institution (AöR) will be established in the Land of Berlin zuschießt 20 percent of the compensation sum as equity. The AöR is to manage the socially owned housing stock, and for the remaining 80 percent of compensation claims, take out loans, for which Berlin stands. The aim of the new institution is “to be the supply of the city population with housing of the rotatable Rent”. Thus, the community is defined. Potential annual surpluses from rental income to remain in the AöR. The institution is committed to “principles of good work”, and a total mieterrat be set up.
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at Least 200,000 apartments to be withdrawn from the private market
“It is clear that we are entering to a legal uncharted territory,” says Michael Prütz, one of the activists of the expropriation project. The aim of the referendum was to withdraw at least 200,000 units in the private market. In a decision that a state Convention of the Left summed up on the weekend, it means in addition: “we are aware that a potentially successful referendum is only an intermediate step on the way to the safe socialization of large housing stocks”. All the political actors and initiatives should contribute their accumulated Expertise.
Also in the SPD, there is sympathy for the referendum that will soon start a signature collection. “Our goal must be a socialization of housing”, is a decision of the young socialists, the majority is not in the SPD land Association, however, is capable of. Also the SPD members of the Bundestag Cansel Kiziltepe called party internally to support the Initiative. As revolutionary as it may sound – the expropriation of the land is in Germany, too, is not uncommon. In General, it comes to individual properties, the route of a road, a railway or a power line.
Since 2012, was launched in Berlin, 104 expropriation
should be borne in mind also, that in the Wake of the great financial crisis ten years ago, even in the UK and the USA banks expropriated or were nationalized. Legal experts agree, however, that the socialization of private property, in individual cases must comply with the principle of proportionality, and only “ultima ratio” may be, as formulated by the former President of the Federal constitutional court, Hans-Jürgen papier. On the other hand, is also enshrined in the basic law protection of private property does not give “the owner the right to realize precisely the way to make use of, which promises him the greatest economic benefit,” wrote the constitutional historian and Professor of law, Joachim.
In Berlin, have been launched since 2012, at least 104 expropriation procedures. It went to individual plots of land, which was contrary to the public Plan. For the execution of these procedures, which are legally very complex, and regularly end up in court, there is an expropriation authority of the state of Berlin. According to the construction administration of the Senate, the normal processing duration as well as the legal Review of the “several years”.
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