ABSTRACT
This chapter follows the historical development and constitutional framework conditions of expropriation, the admissibility requirements, legal consequences and procedural regulations from the perspective of achieving urban densification are analysed. Historically, the expropriation of property for urban development is rooted in nineteenth century laws promulgated by the federal states in the wake of the industrial revolution, aimed at removing from private ownership land required for public works such as rail or road construction. The expropriation of land for urban development has a long tradition in Germany and is closely linked to the country's constitutional framework. Baugesetzbuch (BauGB) as an instrument to ensure well-ordered urban development. The expropriation procedure is regulated by the provisions laid down in §§ 104 to 122 BauGB. If the general good does not directly benefit from the business purpose but is rather an indirect consequence of business activities, then the Federal Constitutional Court views expropriation as inadmissible.
