In its broadly discussed „Garzweiler“-decision, the German Federal Constitutional Court tried to strengthen the legal position of landowners and tenants in the face of invasive surface mining projects. To this end, the Court established detailed constitutional requirements binding legislation, which allows for expropriation of land owners. Additionally, the Court elaborated constitutional safeguards with regard to a fair administrative procedure and effective judicial scrutiny. This essay critically analyses the underlying fundamental rights doctrine, the Court applied.