Position (RORCEE)

1. The Expropriation Assessment Commission is the expropriation court for the entire territorial area of the canton.

2. It is independent in its judicial decision-making and committed only to the law.

3. It is under the supervision of the Administrative Court.

1. The President presides over the Expropriation Valuation Commission and represents it externally.

2. Subject to any contrary provisions in law or regulations, she or he is responsible for all matters concerning the Expropriation Valuation Commission.

1. The Vice President shall represent the President of the Expropriation Assessment Commission.

1. The Presidency consists of the President and the Vice President.

2. It is responsible for

a) the issuance and amendment of the rules of procedure after consultation with the associate judges,

b) fundamental issues regarding the practice of the Expropriation Estimation Commission,

c) preparing the resource agreement and utilizing the resources,

d) further tasks assigned to it by the President.

1. The expert judges participate as members of the panel in the deliberations and sessions of the Expropriation Valuation Commission.

2. At the request of the instructing judge, they have to clarify specific expert questions or submit an oral or written report (presentation) to the panel and make a proposal.

1. The court clerk shall keep the record of proceedings during hearings and sessions of the adjudicating body and assist in the preparation of written reasons for decisions.

2. Additional tasks may be assigned to him or her by the president, vice-president, instructing judge, or other judges.

3. The administrative secretariat of the Expropriation Estimation Commission is managed by the president. He or she may involve the vice-president, court clerk, or third parties.

1. The President shall assign an instructing judge for each case received.

2. He or she shall ensure a balanced distribution of the workload when allocating cases.

1. The President or the Vice President serves as the Investigating Judge.

2. The Investigating Judge conducts the proceedings until the decision and issues all procedural orders.

3. He or she ensures the proper maintenance of the records.

1. The investigating judge determines the panel.

2. He or she must duly consider the regional interests when selecting the specialist judges.

The Investigating Judge or Magistrate summons parties to hearings and sessions. He or she presides over the proceedings.

The panel decides by majority vote.

Abstention is not permitted.

1. A record must be kept of all negotiations and meetings.

2. The investigating judge appoints the recorder.

3. The record contains

a. the names of all present members of the expropriation estimation commission;

b. the names of all present parties and their representatives;

c. the names of other present persons;

d. the date, time, and place of the negotiation or meeting;

e. the exact wording of the parties' applications;

f. the parties' declaration that the decision on the existence of a right is left to the decision-making body (Art. 48 para. 2 of the Expropriation Act of October 3, 1965, in the exact wording);

g. the essential content of the statements of parties, witnesses, experts, and other present persons;

h. photographs and sketches;

i. the signature of the recorder.

1. Decisions of the adjudicating body shall be signed by the presiding judge and the court clerk.

2. All other orders and decisions shall be signed by the presiding judge.

3. Procedural orders may also be signed by the court clerk alone.

1. The procedure before the Expropriation Assessment Commission is governed by the Expropriation Act and the Administrative Jurisdiction Act of May 23, 1989 (APA[3]).

The President shall conduct the administrative affairs of the Expropriation Valuation Commission.

In the event of an impediment, she or he shall be represented by the Vice President.

The President shall appropriately involve the Vice President in the management of business.

1. All incoming transactions must be recorded in the transaction control log.

2. The transaction control log includes

a. the names of the parties and their representatives,

b. the type and date of resolution,

c. the legal remedies pursued,

d. the date of the higher court resolution.

1. The President shall prepare the business report.

1. The President is responsible for concluding the resources agreement with the Administrative Court (Art. 14 GSOG).

1. The compensations of the President, the Vice President, the Specialist Judges, as well as the Court Clerk, are determined in accordance with the Decree of June 9, 2010, on the Compensation of Part-time Judges (EnRD)[4].

1. The President ensures the archiving of the files.

2. The archiving of the files is governed by the Law of March 31, 2009, on Archiving (ArchG) and the associated implementation regulations.

1. Decisions of the Expropriation Compensation Commission may be published in anonymized form.

2. The President decides on the publication.

1. Final decisions of the Expropriation Estimation Commission can be issued in anonymized form to interested third parties upon request.

1. Access to the hearings of the panel or the examining judge is granted to third parties only with the consent of the respective authority and the parties involved in the proceedings, subject to paragraph 2 (Art. 37 para. 1 of the Expropriation Act).

2. Oral final hearings as defined in Article 6 paragraph 1 of the Convention for the Protection of Human Rights and Fundamental Freedoms of November 4, 1950 (ECHR) are public, subject to the grounds for exclusion under the Convention.

3. The panel deliberates and decides in private, excluding the public (Art. 37 para. 2 of the Expropriation Act).

1. The examining judge is responsible for the assessment of requests for access to files in pending proceedings.

2. The president is responsible for the assessment of requests for access to files in legally concluded proceedings.

Without the permission of the examining magistrate, audio and video recordings of negotiations or meetings are prohibited.

1. Responsibility for informing the media about individual cases lies with the examining judge, while the president is generally responsible for informing about the expropriation estimation commission.

1. This regulation shall enter into force on January 1, 2011.

2. It shall be incorporated into the legal code.