The claims arise from the Aircraft Noise Protection Act (FluLärmG) in conjunction with the location of land or buildings within protection zones.
The FluLärmG defines three protection zones within a noise protection area; two protection zones for the day (day protection zone 1 and day protection zone 2) and one protection zone for the night (night protection zone). The noise protection zone comprises the area outside the airfield site. The noise protection zone for the respective airfield is defined by an ordinance of the state government.
If, as a result of a building ban pursuant to § 5 para. 1 sentences 1 and 2 or para. 2 sentence 1 of the German Air Traffic Noise Act (FluLärmG), the previously permissible building use is cancelled and if this results in a not merely insignificant reduction in the value of the property, the owner may demand appropriate financial compensation to this extent. The owner may also demand appropriate financial compensation if the ban on construction results in the loss of value of expenses for preparations for the constructional use of the property, which the owner made in reliance on the continuation of the previously permissible constructional use.
The competent authorities in Bavaria are the
- Government of Upper Bavaria - Air Office of Southern Bavaria for the administrative districts of Upper Bavaria, Lower Bavaria and Swabia
- Government of Middle Franconia - Air Office North Bavaria for the administrative districts of Upper, Middle and Lower Franconia and the Upper Palatinate.