Kassel has to repay 10 million euros to residents - court decides!

Kassel has to repay 10 million euros to residents - court decides!

The city of Kassel is forced to pay around 10 million euros in repayments for road contributions to residents. These repayments concern the residents of over 100 streets, the renovation of which began before autumn 2019. The background of this decision is a decision by the Hessian Administrative Court (VGH), which declared the city's contribution statute of the city as invalid. reports that the Kassel statutes provided for a municipal share of 50 percent of the costs for the renewal of residents. This crossed the admissible framework of the Hessian Local Tax Act (KAG) by one percentage point.

The city originally intended to act against the judgment of the Kassel Administrative Court, but the application for a calling was rejected. As early as September 2019, the city council took over the relevant street contribution statute. The residents concerned do not have to worry about the repayment because they are informed directly by the city. The repayments are expected to take up to two years.

background to road contributions

According to § 11 of the KAG, municipalities have the right to raise road contributions for the renovation and expansion of public roads, paths and places. In Kassel, on the other hand, only renovations and conversions were compensated, while development contributions were excluded. These regulations have led to massive repayments in the past. The city was recently sentenced to a repayment of around 30 million euros to households that were burdened due to too high water fees.

The KAG allows municipalities and counties to determine, fees, fees and contributions via statutes. However, the municipalities are not forced to raise road contributions, but can be obliged to do so, especially for deficit households. The legal basis for this was changed in summer 2018. Since then, municipalities have been able to decide for themselves whether they want to raise a one -off or recurring road posts or do without them. Interior Ministry Hessen explains that the financial burden is often perceived by road contributions.

Criticism of road contributions

The road contributions are criticized because they unilaterally burden the owner without taking into account their actual performance. There are demands that streets from tax funds should be financed because they represent a fundamental infrastructure. The Hessian taxpayers' association has welcomed the abolition of the obligation to collect road contributions, but sees potential subsidization critically. The discussion about the financial future of the municipalities and the increase in other taxes remains up to date, especially against the background that more and more communities decide to abolish road contributions. Bdst Hessen warns that the abolition should not be associated with massive tax increases. In summary, it can be said that Kassel faces a financial challenge that will have far -reaching effects on the residents and the municipal budget planning. The questions about the road contributions and their regulations are not only important for Kassel, but also affect numerous cities and municipalities in Hesse that have to deal with similar challenges.