ABSTRACT

The focus of this chapter will be on property in land-use and its restrictions through nature protection measures taken to establish the Natura 2000 network. Such restrictions follow from the protection goal for a specific bird or habitat protection site, and consist of rules preventing certain land uses (such as intensive agriculture, the exploitation of minerals, etc), asking for the toleration of measures (such as the construction of bird-watching paths), and requiring certain active protection measures (such as the management of water supply and drainage). All this may cause economic costs to the landowner or leaseholder, be it forgone revenue or additional expenditure. In the following, it shall be studied how the conflict is solved by constitutional principles, legislation and court practice.