How is "public good" created in relation to land? (Author: Evgeni Gerginski) Public property is all land, 1. owned by the local authority and 2. for which public use has been established. Public use means that the land has been dedicated to public use by law or by resolution of the local council. Anyone may use it for its intended purpose. The legal definition of the term can be found in ABGB § 287 and reads as follows: "Things that are left to all members of the state for appropriation are called free-standing [Sic!] Those which are only granted to them for use, such as: Land roads, streams, rivers, seaports and seashores, are called a common or public good..." The federal government or the municipality is entered in the land register like any other landowner and is the neighbour in the case of construction work adjacent to public property. A common form in which public property is created is the land division when new building plots are created. For example, when a new urban district is created from a large private industrial estate. In this case, land for traffic areas must be ceded to the municipality. The obligation to cede land often goes hand in hand with the construction of the traffic area, which then becomes the property of the local authority or it merely takes over its management - in Vienna these are the so-called §53 roads. As public property is dependent on public funds, the associated costs are often transferred to the future owner of the neighbouring land in the event of rededication (= added value creation). The technical implementation is carried out by a surveyor, among others. This person draws up the so-called subdivision plan, which precisely defines the new property boundaries and the extent of the transfers. Based on this plan, the corresponding notice is issued, in which the rights and obligations of the affected landowners (in Vienna the MA64) are also recorded. Another way in which public property is created is by expropriation. This may only be carried out in return for compensation and must be limited to the least intrusive interference with the rights of others. Expropriation is also only permissible if the opponent of the expropriation refuses to grant the desired rights or demands an obviously excessive fee or if he is not in a position to guarantee the exercise of the desired rights.expropriations are permissible, among other things, for the construction of traffic areas and development pipelines, for construction projects for public purposes and for the management of forests and meadows. Public property is generally a very broad term that also includes water law, forestry law, national defence, health, education and security.