The expansion of the U2/U5 subway lines has already begun. Numerous expropriation proceedings are currently still pending or are yet to be initiated.

For some time now, Wiener Linien has been approaching the property owners affected by the extension of the subway line. The reason for this is the necessary granting of a tunnel easement by the owner, which enables the operation, existence and construction of the subway railroad.

If the new or extended subway is to run under a property, the affected property owners are presented with plans of the route of the subway, expert opinions on the calculation of compensation and a servitude agreement for signature. The contract contains the compensation calculated on the basis of the enclosed expert opinion and other provisions that require closer examination.

If the servitude agreement is not signed or no agreement is reached, Wiener Linien will initiate expropriation proceedings. MA 64 is responsible for this procedure and issues a decision on the admissibility of the expropriation and the amount of compensation. The initiation of the expropriation procedure is recorded in the land register.

It is possible to lodge an appeal against the expropriation itself with the competent authority(provincial administrative court). However, according to the established case law of the Constitutional Court, this appeal does not have a suspensive effect because the public interest in the extension of the subway railroad prevails. This means that construction of the subway can begin before the decision becomes legally binding.

It is also possible to appeal against the amount of compensation. Within three months of the expropriation notice taking legal effect, the determination of the compensation can be requested from the competent regional court . The decision of MA 64 on the amount of compensation then becomes invalid. The amount of compensation is determined in court proceedings (as before MA 64) on the basis of expert opinions. As a rule, the courts are more generous in determining the compensation than the compensation offered by Wiener Linien.

The costs of the court proceedings regarding the amount of compensation shall be borne by the party seeking expropriation, i.e. Wiener Linien. This does not apply in the event that legal actions or acts of representation by a party do not serve the purpose of legal prosecution. The expropriation claimant itself must bear its own costs even if it wins the case.

If you are affected by the expansion of the subway or your property is the subject of expropriation proceedings, we will be happy to advise you. Our real estate department will support you in exhausting all legal remedies in order to assert your interests in the best possible way. Make an appointment today on 01 / 505 77 00 or at office@toplaw.at.

_{Source: Probst, Land redemption and expropriation}