Decision no. 482a/2009

In its decision of 21 October 2008, the Arbitration Panel had already recommended the restitution of approx. 5,400 m² of built-on property in the immediate vicinity of the Franz-Josef station in Vienna-Alsergrund. The present decision deals with several smaller sections of the original area of 8,200 m² which now constitute public roads or are intended for public use.

After the consultations with the City of Vienna and the Republic of Austria provided for in the General Settlement Fund Law – both regional administrative bodies were owners of 136 m² and 240 m² of this public road area on the statutory cut off day, 17 January 2001 – a compensation amount of 1,750 Euro/m² was determined. The total compensation of 658,000 Euro for the public road area that was no longer able to be restituted in rem was calculated from this amount.

A further area of 213 m² belonging to the City of Vienna, although not in use as a public road, is, however, intended to serve public purposes according to the land register. In response to an inquiry as to its current function, the Arbitration Panel received the reply from the City of Vienna that this area had not yet been assigned for communal use and moreover no specific plans existed for the area as yet. Therefore, the Arbitration Panel was able to recommend the in rem restitution of the property area.