And for all of these reasons…
…we declared publicly in September 2019 that we stand against the expansion of the mine, and that we will not sell our land to RWE.
If they want to expand the mine regardless, as planned, they must start a legal process to win our land from us. If the competent authority in Arnsberg decides that we should be evicted from our homes by RWE, we have pledged to take legal action.
There is a piece of land that sits on the boundary between Keyenberg and the Garzweiler mine. We are using this land as an example, to ask the courts about the legal questions of expropriation.
We will not negotiate the sale of this piece of land with RWE. We have notified the company, and the Arnsberg local authority of this, in a formal communication.
Then it’s up to the court to decide whether the expropriation would be justifiable and legally permissible.
Since then, there has been a development: the German government has agreed a coal phase-out law (July 2020) that we believe goes against the German constitution.
The law contains a provision (§ 48) that will have a significant impact on people like us who live at the Garzweiler II opencast mine. The law says that expanding the Garzweiler II opencast mine is a “necessity” for energy policy and economics.
It contravenes our right to property, to human dignity and to legal protection.
We will therefore lodge a constitutional complaint against the Coal Act.
On our News page we regularly inform about the latest developments.