Court declares the right of first refusal of the Göttingen district to be illegal!

Court declares the right of first refusal of the Göttingen district to be illegal!

In the small community of Pöhlde, the first question of the future of one of the most famous natural wonder Germany is in space: What happens to the Rhumequelle? A recent judgment by the Göttingen Administrative Court has brought new uncertainty into the topic. This is one of the most productive karst sources in Central Europe that has been owned by various investors since 2003. The last owner, an investor from Ireland, was unable to realize his plans and finally offered the site for sale.

In October 2020, a buyer from Duderstadt acquired the property on which the Rhumequelle is located. The problem began when the district of Göttingen asserted its right of first refusal. This legal procedure was favored by nature conservation, since the source and its environment are in a protected area. The district acted on behalf of the state of Lower Saxony and explained that in favor of the municipalities of Rhumspringe and Herzberg am Harz, one wanted to make use of this right of first refusal.

Legal dispute over the right of first refusal

The buyer, dissatisfied with the district's decision, made an objection. But the district stuck to its decision. The case finally escalated to court, where the judgment was now right to the plaintiff. The court decided that the right of first refusal was not valid, since the procedures and decision -making processes did not comply with the legally required principle of certainty. This means that the decision did not offer sufficient clarity about the exercise of the right of first refusal.

In particular, the court criticized that remained unclear which parcels the right of first refusal should apply. This has significant legal relevance, because in such cases both the municipalities and the responsible organ, i.e. the municipal council, must be correctly involved. The district had tried to accelerate the decision in an urgent procedure by the administrative committee, which was not legally covered.

This decision is of enormous importance for the district of Göttingen, since it illuminates fundamental aspects of nature conservation law and municipal decision -making. The court made it clear that an application for the exercise of the right of first refusal can only be made at the express request of the municipalities. Even if the municipality of Rhumspringe submitted an application, it had not been properly concluded.

The district now has the opportunity to appeal to the Higher Administrative Court. It remains open how the Rhume source will continue. It is considered an important tourist attraction and also has an important function for nature conservation. The judgment brings new uncertainty into the plans for the source and the surrounding areas.

The dissolution of this legal dispute could be crucial for an important region like the Harz. Especially against the background that the Rhume source is not only a natural water source, but also an important symbol for the surrounding communities. In the coming weeks it will have to be shown whether the district is using its law and how the resistance on both sides can lead to a solution.

remains to be seen whether a future procedural path will clarify the disputes around the Rhume source. In the meantime, the questions are urged: What role will nature conservation play in the further procedure and how will this affect the plans of the new owner?

More details and continuous news about the events in the region, especially about the Rhume source, are at www.harzkurier.de to be found.