Impairment of land and buildings

(1) The owner of a plot of land that is not a way of communication within the meaning of section 125(1), second sentence, may not prohibit the construction, operation, and renewal of telecommunications lines on its land, or the connection of buildings situated on the land to very high capacity networks, insofar as 1. on the land, including building connections, a line or installation secured by a right is also used for the construction, operation, and renewal of a telecommunications line, and this does not permanently further restrict the usability of the land; 2. the land, including buildings, is not unreasonably impaired by the use; 3. the land is publicly owned, is used like a way of communication without being dedicated as such (rural service way), and no important reasons of public safety militate against the use; or 4. the land is owned by a railway track operator and the safety of railway operations is not impaired thereby. Where buildings not situated on the owner's land are nonetheless co-supplied from that owner's land or building, the first sentence applies correspondingly.
(2) The owner of land under subsection (1) may not prohibit crossing it where the crossing is necessary for the construction, operation, and renewal of telecommunications lines on another plot of land.
(3) Where the owner of the land has to tolerate an interference under subsection (1) or subsection (2), the owner may claim reasonable monetary compensation from the operator of the telecommunications line or the owner of the network of lines, where use of the owner's land, or its yield, is impaired beyond a reasonable extent by the construction, the renewal, or by maintenance, repair, or comparable measures directly connected with the operation of the telecommunications line. For an extended use for telecommunications purposes, a one-off monetary compensation may additionally be claimed, provided that no line routes previously existed that could be used for telecommunications purposes. The claim under the second sentence does not exist where the extended use takes place exclusively for connecting buildings on the land used, or where the land is publicly owned. Where the land or its appurtenances are damaged through the exercise of the rights arising from this provision, the operator or the owner of the network of lines must remedy the damage at its own expense. Section 840(1) of the Civil Code applies. The operator of the telecommunications line or the owner of the network of lines must inform the owner of the land of the duty to tolerate interference under subsection (1) or subsection (2) before it occurs.
(4) Insofar as carrying out measures to be tolerated under subsection (1) is not possible, or is possible only at disproportionately high expense, existing passive network infrastructure of third parties may be put to shared use under the conditions of sections 138, 139, and 141.
(5) Where exercise of the right of use under section 125 for laying further telecommunications lines impairs interests of environmental protection, public health and safety, or urban and regional planning, the Federal Network Agency may, after hearing the circles concerned, order the shared use of land, to the extent considered necessary for the interests affected. Section 128(4), second and third sentences, applies correspondingly.