Bad Dürkheim lift

The Bad Dürkheimer gondola in the Palatinate spa and town of Bad Durkheim ( state of Rhineland- Palatinate ) was a small cable car, which was operated from 1973 to the urban area and a decision by the Federal Constitutional Court had to go in 1981 to cease operations.

Geography

The cable car ran from about 130 m above sea level. NN in the terrain of Dürkheimer sausage market, the Brühl meadows, in a northwesterly direction up to nearly 300 m almost to the summit of Devil's Mountain in the Haardt.

Post 3 - the last not torn post

Burnt Mountain Station in October 2004

• Top station of the gondola lift: 49 ° 28 '10 " N, 8 ° 9' 34 " O49.4693798.159344
• Column 1 of the gondola: 49 ° 28 '10 " N, 8 ° 9' 46" O49.4693798.162777

Architectural History

Contract

In 1964, an entrepreneur and the town of Bad Durkheim concluded a partnership agreement establishing the Dürkheimer gondola GmbH. The goal was the establishment of a gondola from the sausage market place up to the Devil's Stone.

Expropriation procedures

At the completion of the project, the Dürkheimer gondola GmbH to acquire lying on the route plots either, or at least to burden them with appropriate easements sought. Since this did not happen in full, the GmbH applied to the district government of the Palatinate, the expropriation of those owners who refused to sell land or to grant easements. In this case it was based on the then applicable Bavarian law on expropriation in the public interest, as amended on 9 December 1943.

The decision on the expropriation of the District government submitted the application to the Ministry of the Interior of the State of Rhineland -Palatinate. This was - as well as the district government - believes that the expropriation did not serve the common good and precludes them the principle of proportionality. Then the state government rejected the requests submitted to expropriation. The Dürkheimer gondola GmbH against this did not appeal.

The town of Bad Durkheim undertook another attempt by presenting the district government an the route of the gondola expelling development plan. But the county government took the view that the development plan was not approved. He was then canceled.

The submission of another - the first substantially corresponding - Although the development plan initially led again to concerns of the district government, which could be resolved after consultation with the city but. In February 1968 then requested the Dürkheimer gondola GmbH - this time to the provisions of the Federal Building - the forced flow on land with easements. The district government made first concerns the admissibility of such confiscatory interventions contends, but the provincial government ordered a further examination. This stated that the expropriation is permissible. Consequently, the land of the affected owners were charged with a Expropriation Decision of 21 November 1968, personal easements. The Dürkheimer gondola GmbH was entering and driving on the land in question allows to there make settings required for operation, maintenance, alteration and renovation work can. The owners were compensated accordingly.

Construction and operation

From 1969 to 1973 took the construction of the cable car. 1973, the driving was opened.

Dispute before the ordinary courts

1969 presented eleven affected by expropriation owners to apply for judicial decision in accordance with § § 157 ff of the Federal Building.

The District Court of Frankenthal (Pfalz ) gave the applicants at first instance on the ground right to the expropriations were not necessary for the sake of the common good. On appeal by the Dürkheimer gondola GmbH, the Oberlandesgericht Zweibrücken raised on appeal to the judgment of the District Court and upheld the expropriation decrees. The directed against it revision of the landowners was rejected by the Supreme Court in Karlsruhe third instance by resolution and without notice.

Judgment of the Federal Constitutional Court

Against the expropriation decisions, the decision of the Oberlandesgericht Zweibrücken and the decision of the Federal Court, where the land owners constitutional complaint with the Federal Constitutional Court in Karlsruhe. The complainants they were based on the violation of Article 14, paragraph 3, sentence 2 of the Basic Law and in one case on the violation of Article 3, paragraph 1 and Article 103, paragraph 1 of the Basic Law.

By judgment of 10 March 1981, the Federal Constitutional Court annulled the expropriation decisions and the decisions of the Oberlandesgericht Zweibrücken and the Federal Supreme Court for violation of Article 14, paragraph 1, sentence 1 of the Basic Law. The judgment before the Constitutional Court essentially the consideration principle that an expropriation of individual citizens in the interest of a private business enterprise is in any event inadmissible if not also were available weighty reasons of public interest. It also explained the application of the Federal Building for illegal because the state legislature had made ​​their own regulations, which would have in place of the Federal Building Code must be applied.

According to the judgment of the Federal Constitutional Court of the operation of the Dürkheimer gondola in 1981 has been set.

Newer development

In January 2000, as a result of arson burned from the top station and most of the cabins. 2001 was able to acquire easements for all to " on the fly" Land of the original operator. He strives together with the citizens' initiative per gondola to a restart of the web for tourism purposes. In this regard, the 2005 supports - with the exception of the support 3 - reduced in order to make a modernized train the way. The Agency of Roads and Transport, today the country operational mobility, issued in December 2006, the approval for new plant construction. Following the announcement of the operator should first run the gondolas back to Dürkheimer Wurstmarkt 2008. But the preparations came to a standstill because the operator a guarantee of the country wants the system to be flying field is not explained in the next few years to the nature reserve. The country denied this warranty. Furthermore, the operator disputed against his insurance company about the damage payment in the amount of five million euros for the burned out in 2000, the mountain station. A trial date in September 2010 in Berlin should decide what was not performed. The insurance company paid the value and not the new value of the mountain. The Planning Permit for reconstruction ( of the approximately 6.5 million euro cost ) of the gondola was the operator until March 2012. At this time, the 72 -year-old investor Peter Schwab Core the cable car station in the previous period of construction law and let the line free hit enough. Thus, the state company has extended mobility in Koblenz Genehming the building right up to the spring of 2017. The cost of the entire reconstruction are now estimated at 11 million euros.