Kernrechtsfrage
Whether the Schätzungskommission is competent to decide requests for takeover of access facilities under § 37(2) BauG.
Extrahierter Entscheid
Yes. Because the takeover question is inseparably linked to the later allocation of costs through a contribution plan, the Schätzungskommission may decide it.
Extrahierte Begründung
The court held that the takeover decision simultaneously determines in principle whether the earlier costs can later be shifted to the liable landowners and, where applicable, the municipality. Given this juncture between takeover and contribution plan, deciding takeover competence belongs to the Schätzungskommission.