Legal dispute around the Rhumequelle: District of Göttingen loses in court!

Legal dispute around the Rhumequelle: District of Göttingen loses in court!

In a continuing legal dispute around the Rhume source in Lower Saxony, the Göttingen Administrative Court ruled that the exercise of the right of first refusal by the district of Göttingen is considered illegal. This raises questions how this protected natural area, which is considered one of the most productive karst sources of Central Europe, continues.

The case revolves around a purchase that was completed in October 2020. An individual from Duderstadt acquired a property that contains the source pot of the Rhume source, thereby attracting the attention of the Göttingen district. The latter had subsequently tried to exercise his right of first refusal, but this was determined by the court as illegally. The file number of the decision is 4 A 29/22.

The details of the purchase contract

The Rhume source was owned by a paper mill until 2003, which was sold to an Irish investor after its bankruptcy. However, this had never realized serious plans for the use of the site. So the property was offered for sale at some point, and finally the plaintiff acquired an area that is located in a nature reserve.

According to the Federal Nature Conservation Act, federal states have a right of first refusal to land in such areas. The district of Göttingen, in its function as a lower nature conservation authority, put this right into force after both the Lower Saxony Ministry of the Environment and the State Operations for Water Management, Coastal and Nature Conservation (LWKN) had given their consent.

the contradiction of the buyer

The buyer objected to the decision of the district. This was largely unsuccessful, which finally made him file a lawsuit. The court decided that the original decision was illegal. An administrative act must be clearly and understandably formulated, which was not the case here, the judges said. In particular, it was unclear whether the right of first refusal was possible for both municipalities and for which parcels it should apply.

Another point that the court complained about was the lack of determination of the decision. He was so vague that no successful exercise of the right of first refusal was possible, especially since no precise descriptions of the affected parcels or a site plan were presented.

The argument of the district

The district argued that there was an urgent case in this case. The administrative committee would have decided instead of the local council. However, the court found that it was not understandable why the municipality of Rhumspringe was unable to convene a session within two months.

It should be noted that the court's decision is not yet final. The district of Göttingen has the opportunity to apply to the Higher Administrative Court of Lüneburg. How the case will develop remains to be seen; The uncertainty about the future of the Rhumequelle therefore continues, As already reported .