Subway Urgent: Legal dispute in Kagran – owners block services!

Subway Urgent: Legal dispute in Kagran – owners block services!

Things are boiling again in Vienna – and this time it's about the subway. According to a report by The press Wiener Linien is confronted with a legal dilemma that has dragged on for almost two decades. The focus is not only on the population, but also on eight residents in the Donaustadt district, whose properties were built above the tunnel of subway line 1.

The Constitutional Court (VfGH) recently made a decision that puts the administrative court in the shade. This “arbitrariness” prevented the Wiener Linien from obtaining the necessary rights from the property owners. It's about so-called easements that allow transport companies to use the subsoil. These rights must be agreed upon and recorded in the land register - a process that has now become a legal headache since Wiener Linien discovered these entries as non-existent in the course of its digitalization offensive.

The dispute over the Servitutes

Of the 37 owners, 29 agreed, but no contact could be made with the remaining eight. The mayor of Vienna, Michael Ludwig, has the task of examining the official granting of the privileges. However, he had to reject Wiener Linien's application because the requirements of the Railway Expropriation Compensation Act (EisbEG) were not met.

This decision was supported by the Vienna Administrative Court, but the issue is far from closed. The Wiener Linien filed a complaint with the Constitutional Court, which decided that the administrative court had oversimplified the matter. What is particularly interesting is the fact that Wiener Linien cannot be accused of not offering the owners compensation if they refuse to contact us.

In the meantime, the Vienna Administrative Court is supposed to clarify whether there is “obvious servitude”. If not, the court could, if necessary, compulsorily grant this in return for compensation. The goal is clear: the subway must be able to legally run under the properties.

A view of the subway in Vienna

The subway, or as we say: the U, plays a central role in Vienna's transport system. These modern means of transport are not only practical options for getting around, but also symbols of urbanity in our beautiful city. Its origins lie in the 19th century and have developed continuously since then - the extension of line 1 to Leopoldau is just one step in many.

In Vienna you can use the subway lines to quickly get from one part of the city to another and experience both the historical and modern sides of the city. However, the challenges facing the system show that even well-functioning institutions can get into legal trouble.

The Viennese are eagerly awaiting how the situation will develop. Will the open questions surrounding the easements be resolved soon, or will the dispute continue for a longer period of time? One thing is certain: the Vienna lines are challenged and the users of the subway are looking to the future with great anticipation.