Questão jurídica principal
Whether the heritage protection order of 26 March 1986 caused material expropriation and triggered Heimschlag rights and compensation.
Decisão extraída
The protection order, assessed at the decisive date of 18 March 1987, did not itself amount to material expropriation because economically reasonable use of the site remained possible.
Fundamentação extraída
The Court held that the intensity of the interference must be assessed from the protection order itself and the lawful use possibilities at the relevant date, not from later delays or the conduct of permit authorities. After excluding the already released coal magazine and considering the remaining buildable southwest area and usable floor space of the protected buildings, the interference remained below the threshold of an expropriation-like burden.