Compensation for authorised activities

Even if care has been taken to locate a noxious activity away from people, accidents can still occur. When this happened, the question arose whether the authorisation of the activity by a public body prevented the victim claiming compensation from the creator of the nuisance. The general view of the law was that the victim could not prevent the activity carrying on, since it was authorised. The German Supreme Court in 1882 told a neighbour whose property had been harmed by trains ‘the permission for the railway includes the general order from the state authority that the adjoining property owner has to tolerate this nuisance, without which the business would not be feasible.’ But even if the neighbour could not stop the activity, he would be entitled to compensation for the interference with his rights. For example, in 2000 a German landowner gained compensation where his access to his own property was restricted by people attending a neighbouring care centre for drug addicts.