Key legal question
Whether costs of necessary technical studies are recoverable as party compensation in expropriation proceedings under § 12 of the Expropriation Procedure Regulation.
Extracted holding
Yes, but only insofar as the studies were objectively necessary and limited to what was truly required for the compensation claim.
Extracted reasoning
§ 12 leaves the amount of party compensation to the discretion of the assessment bodies. That discretion must be exercised according to the principle that the expense caused by the proceedings should be reimbursed. The necessity of the expense is judged by the usual standard for such proceedings. Technical studies can be included, but restraint is required because planning and variant studies can easily go beyond what is needed; the expropriated party must also mitigate the loss where reasonably possible.