Expropriation compensation for loss of mining rights to non-subsurface minerals due to highway construction

The Federal Constitutional Court declined to accept the constitutional complaint for review, leaving the lower court's dismissal without merits in force, thereby denying the petitioner relief regarding compensation for lost mining rights. The dispute concerned a property owner who claimed that the expropriation of land for a new highway construction constituted an unconstitutional taking because it destroyed the economic possibility to extract non-subsurface minerals from the expropriated parcels. The Court's non-acceptance implies that the complaint did not meet the threshold for constitutional review, failing to establish a clear violation of property rights under Article 14 of the German Basic Law in the context of expropriation compensation where the loss of specific usage possibilities was deemed not to render the original decision arbitrarily unconstitutional.