Followup to Lecture series Stadtgespräche: Land ownership in urban development – between private benefit and the common good
2025/06/18
Prof. Dr.-Ing. Hans-Joachim Linke’s lecture on “Ownership of land in urban development – between private benefit and the common good” explored the tension between private property rights and public interests in addressing urban challenges such as climate adaptation and infrastructure development.

Initial discussions included property guarantee (article 14 of the German Basic Law), which protects private ownership but imposes obligations to serve the common good, as well as sovereign instruments, such as building orders, land reallocation, and urban redevelopment measures, to enforce public-oriented urban planning. Moreover, in Germany, urban development contracts and voluntary arrangements are prioritized over coercive measures, guided by the principle of proportionality to minimize infringement on property rights. Challenges include insufficient legal frameworks for retrofitting existing properties and municipalities’ reluctance to use coercive tools, such as building orders, due to limited experience. Conclusions stressed the need for early property owner involvement, transparent decision-making, and legal adjustments to empower municipalities. Societal recognition of shared responsibility is critical to avoid exacerbating climate change impacts and social segregation. Overall, the lecture advocated for bottom-up processes to develop local solutions, replacing rigid top-down mandates, as well as media engagement to raise awareness and foster collective action for sustainable urban development.
