Right-of-way (transportation)

When dedication is called a sovereign act by which a subject receives its public service special. With it, the public purpose is defined ( for example, public use ), which the article is intended to serve. Through the dedication alone is an object not yet public thing. He must have been for it actually put into service, ie the specified usage according accessible ( commissioning ).

The dedication and thus the purpose can be changed later ( reclassification ); the repeal is called declassification.

Requirements

Thus, an object can be given to the Widmende private law to dispose of the object must have. This is partly the case, if he is the owner, on the other hand, if he holds an in rem right of use. Has the Widmende no private legal power to dispose or is it in the case of in rem right to use not enough, it requires the consent of the owner.

With the dedication of publicly - legal maintenance obligations. Is the Widmende not identical with the entertainment agents, he also required by this consent.

Absence of the consent of the owner and / or the debtor, the dedication is unlawful and can be challenged.

Type of dedication

The dedication is always performed by an act, eg Law, ordinance, statute or administrative act. But one thing can also be paid by common law, by being used " has always been" a public affair; such as the sea beach.

Most commonly, however, the dedication is done by an administrative act in the form of general application under § 35 sentence 2 Var. 2 Administrative Procedures Act. Since the consent of the owner or the debtor may be necessary, the administrative act is a more participatory needy or multi-level administrative act.

Examples of dedications:

• By law: § 1 para 1 sentence 1 LuftVG; § 5 sentence 1 WaStrG
• Conjunction with restriction of the use of waterways, § 6: by ordinance § 46 No. 3 WaStrG
• By statute: economic, municipal enterprises
• By administrative act: public roads and paths (about § 2 para 1 FStrG )

Reclassification

A reclassification ( change dedication; road and right of way and reclassification ) is when the status or purpose is changed in the public domain by an act. Example: A general road is reclassified to a pedestrian zone.

For pharmaceutical legislation, a reclassification is the use of an unapproved drug in the event of an emergency therapy.

Declassification

A declassification ( in roads and right of way also collect ) is a sovereign state to the termination of a public thing. With the official closure ends the public easement or public ownership of the item.

The declassification can only be made in the manner provided for the dedication of its legal form, then, is the dedication of an administrative act, including the declassification must be such ( " actus contrarius " theory ).

For the so-called re-use see also use ( buildings) and conversion ( urban planning).

Religious and philosophical communities

In Germany, religious and ideological communities can be organized under public law (so-called " corporate status "). In this case, they shall be open to the possibility of dedication. It takes place

• Either explicitly by an ecclesiastical administrative decision as the relevant management body ( church leader)
• Or implied by appropriate use.

Governmental approval is required for this purpose. Ecclesiastical public matters are often referred to as res sacrae, where the terms do not cover well.

In religious communities, the official closure of churches and res sacrae often take place in the context of a church service. The Catholic Canon Law speaks of profanation.

The church closure followed by a subsequent use, a vacancy or demolition.