As of: January 19, 2024, 9:30 a.m
By: Charlotte Borst
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In the Dachauer Moos, the city wants to revalue contiguous undeveloped areas with meadows and depressions and create habitats for animals.
© Dieter Michalek
Agricultural land in Riedmoos is being sold at overpriced levels as recreational property.
The city opposes speculative transactions.
Unterschleißheim
– The city of Unterschleißheim wants to secure certain properties as compensation areas in the long term and create habitats for animals and plants.
After a controversial debate, the property and building committee unanimously decided on five preemption statutes for land numbers in Riedmoos and on Andreas-Danzer-Weg.
As soon as one of the areas is to be sold, the notary must ask the city whether it would like to use its right of first refusal.
A strip of undeveloped farmland that borders the “Riedmoos allotment garden” is affected.
The city now also has the right of first refusal for the areas of the “Westermeier Estate” allotment garden area east of Badersfelder Straße.
Sewage pipes are missing
Recreational use is also prohibited here, but idyllic gardens, houses and fences have been built - without permission.
There are also no sewer lines, which, according to the city administration, can lead to environmental problems.
“We have been trying to reclaim these areas for a long time,” says building authority manager Martin Bengler.
Houses and fences should be removed “so that animals can run back and forth undisturbed.”
The city is also interested in a large area on the A92 as a compensation area so that the skylark can settle here.
The city also has the right of first refusal on numerous land numbers in a wedge-shaped area in the Dachauer Moos between Torfstecherweg and Badersfelder Straße, where black buildings were built.
Rewetting the moor was suggested years ago
Years ago, the SPD suggested rewetting the moor.
However, due to its proximity to settlements and fields, the city is not planning any large-scale moorland renaturation.
However, small areas could be re-wetted through pits.
It is hoped that, accompanied by extensive agriculture and reduced fertilization, habitats will be created for lapwings, dragonflies and creeping celery.
All of this is still a thing of the future and a long-term strategy, said Unterschleißheim's mayor Christoph Böck (SPD): “The city will not be able to acquire large areas quickly.
It is a project for generations of city councilors.”
If a property is offered for sale and the city wants to exercise its right of first refusal, it enters into the purchase agreement concluded by the buyer and seller.
The agreed purchase price remains the same and can only be changed if it exceeds the market value, which must be determined by an appraisal.
However, the seller can also withdraw if he does not agree with the city's purchase price.
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Interference with property rights
Ludwig Pettinger (CSU) was critical: “It is a significant interference with property rights.
That violates my sense of justice.” Bernd Knatz (ÖDP) also wonders whether agriculture is “slowly being pushed out” in Riedmoos.
However, building authority manager Bengler sees no conflict: “Rewetting and agriculture can coexist there.”
Thomas Breitenstein (SPD) considers the right of first refusal to be necessary: “It protects the public sector” when it needs space for overarching interests “from fictitious transactions”.
According to the administration, owners have repeatedly sold areas at high prices as recreational properties, even though they were agricultural areas according to planning law, thus fictitiously driving up the purchase price.
Even if the market price was 20 euros per square meter, 50 to 100 euros were demanded.
The city cannot pay excessive prices: “We buy with tax money,” said Böck, “I’m happy if we have the right of first refusal.”
Help Moosach achieve better water quality
A special case is the right of first refusal on Andreas-Danzer-Weg: By purchasing land, the city wants to widen the 4.50 meter wide path to 6.50 meters so that trucks can meet each other and truck traffic is diverted from the Fordweg.
The city also hopes to be able to help the Moosach to achieve better water quality by carrying out nature conservation on a ten-meter-deep bank strip.