Federal Law of June 20, 1930, on Expropriation (LEx) (ENTG)

The right of expropriation may be exercised for works that are in the interest of the Confederation or a considerable part of the country, as well as for other purposes of public interest recognized by a federal law. It may only be exercised to the extent necessary to achieve the intended purpose.

The Confederation may exercise the right of expropriation itself or confer it to third parties.

The right of expropriation is exercised by the Confederation pursuant to a decision of the Federal Council, unless federal legislation assigns this competence to another authority.

The right of expropriation may be granted to third parties on the basis of: a. a federal decree for works that are in the interest of the Confederation or a considerable part of the country; b. a federal law for other purposes of public interest.

If, in the case provided for in para. 2, the right of expropriation must be expressly granted to third parties, the competent department in the matter shall decide. In the case of concessions, the granting of the right of expropriation by the authority granting the concession is reserved.

The right of expropriation may be exercised: a. for the execution, transformation, maintenance, and operation of works, as well as for their future expansion; b. for the transportation and storage of necessary construction materials; c. for the acquisition of such materials, if they can only be procured under particularly onerous conditions; d. for the implementation of protection, restoration, or replacement measures taken within the framework of the realization of a project in accordance with federal provisions on the protection of the environment, nature, and landscape; e. for the execution of necessary measures for the replacement in kind of expropriated rights or the safeguarding of public interests.

Subject to expropriation are real property rights, rights arising from provisions on land ownership in matters of neighborhood relations, as well as personal rights of tenants or leaseholders of the property to be expropriated.

These rights can be eliminated or restricted either permanently or temporarily.

Temporary expropriation is limited in duration to a maximum of ten years, unless the law, a Federal Council decree, or an agreement provides otherwise. The period begins with the transfer of possession and, in any case, ends three months after the completion of the work.

If temporary expropriation causes the right to lose its essential value for the expropriated party, the latter may request permanent expropriation.

Unless otherwise provided by law, rights established on real estate allocated for a public interest purpose may be expropriated.

When the execution or operation of the expropriator's enterprise affects existing public works (such as roads, bridges, pipelines, etc.), the expropriator is required to take all measures to ensure the use of these structures, to the extent that the public interest demands.

The expropriator must also carry out works that are suitable to protect the public and neighboring properties from the dangers and inconveniences necessarily resulting from the execution and operation of their enterprise and which should not be tolerated according to the rules of neighborhood law.

When the execution of the work results in the loss of large areas of cultivated land, the granting of the right of expropriation may be subject to the condition that the expropriator provides for their full or partial replacement by converting fallow or low-yield lands into arable land. The right of expropriation may be granted for this purpose.

The beauty of sites must be preserved as much as possible.

Structures should detract as little as possible from the landscape.

Rights to fountains, springs, and watercourses essential to a property, a water supply service, or another hydraulic installation of public interest can only be expropriated if the expropriator provides a sufficient equivalent amount of water.

The integral parts and accessories of an expropriated property, that can be separated from it without disproportionate cost, are excluded from expropriation: at the request of the expropriated party, when they are not necessary for the enterprise of the expropriator; at the request of the expropriator, when the expropriated party can use them profitably independently of the main property.

If the separation jeopardizes the rights of lien creditors, such creditors may demand security in accordance with Articles 808 and 809 of the Swiss Civil Code even when the depreciation is not due to any fault.

When the request for expropriation concerns only a part of a property or several properties that are economically dependent on each other, and the remainder can no longer be used according to the intended purpose or cannot be used without excessive difficulty, the expropriated party may request total expropriation.

When the establishment of a restricted real right prevents the expropriated party from using the property according to the intended purpose or such use would result in excessive difficulty, he may request the expropriation of the property.

The expropriated party who has obtained an extension of the expropriation may renounce it within twenty days from the final determination of the compensation.

When, in the event of a partial expropriation, the compensation to be paid for the depreciation of the remaining part exceeds one-third of the value of that part, the expropriating party may request total expropriation.

The request for extension must be submitted during the proceedings on the estimation by demanding a double estimation (Art. 71); in the event of an appeal to the Federal Administrative Court against the decision of the estimation commission concerning partial expropriation, the request for extension may also be made concurrently.

The expropriating party is obliged to declare, within 20 days from the final determination of the compensation, whether it opts for partial expropriation or total expropriation.

Within a period of twenty days from the date on which the decision fixing the compensation becomes final, the expropriator has the option, if they have not requested early possession, to waive the execution of the expropriation through a written declaration addressed to the expropriated party. Upon the expropriator's request, the estimation commission may extend this period, with notice given to the expropriated party.

The expropriator is obligated to compensate for any damage caused to the expropriated party by their renunciation. The action for damages must be brought before the estimation commission. It is subject to a statute of limitations of six months from the declaration of renunciation.

The expropriated party may, upon providing the declaration of renunciation, have any restrictions on the right of disposition removed from the land register.

Unless otherwise provided by special legislation, the access, survey activities, staking, and measurements essential for the preparation of a project that might result in expropriation must be published or notified in writing to the property owner at least ten days before being undertaken.

When other preparatory acts such as soil and building analyses are essential, they must be notified in writing to the owner at least 30 days before being undertaken. If the owner objects, these acts require authorization from the competent authority referred to in Art. 38. The deadline to object is 10 days. The owner must be informed of this deadline.

The damage resulting from preparatory acts gives rise to full compensation.

Expropriation can only occur upon payment of full and complete compensation.

Unless otherwise provided by law or agreement, the compensation is payable in cash, either as a lump sum or an annuity.

The monetary compensation may be replaced in whole or in part by an equivalent in kind, particularly when the expropriation prevents the continuation of an agricultural enterprise, involves water rights and hydraulic power, or affects communication routes or pipelines.

Compensation in kind is not permissible without the consent of the expropriated party unless the interests of that party are sufficiently safeguarded.

The granting of a property as compensation in kind can only occur if the expropriated party consents and if the holders of mortgage rights on the expropriated property, whose claims are not repaid, accept the replacement of the collateral.

All damages suffered by the expropriated party as a result of the elimination or reduction of their rights must be taken into account when determining the compensation. Consequently, the compensation includes: a. the full market value of the expropriated right; abis. for cultivable land falling within the scope of the Federal Act of 4 October 1991 on Rural Land Law (RLLA), three times the maximum price determined according to Art. 66, para. 1, RLLA; b. additionally, in the event of partial expropriation of a property or several economically interdependent properties, the amount by which the market value of the remaining part is reduced; c. the amount of all other damages suffered by the expropriated party, insofar as they can be foreseen, in the normal course of events, as a consequence of the expropriation.

The market value (Art. 19, let. a) on the day the expropriation title becomes enforceable is determinative.

The assessment of the market value must appropriately consider the possibility of better utilizing the property.

The value of specific burdens from which the expropriated party is released shall be deducted.

Increases or decreases in value resulting from the expropriator's project are not taken into account. The expropriated party has the right to remove any installations resulting in a value increase for which they are not compensated, up to the point of possession by the expropriator, provided that such removal does not harm the expropriated right.

The assessment of the market value of real estate must take into account the existing easements at the time of the submission of the expropriation plan, excluding usufructs, as well as leases and agricultural leases recorded in the land register.

If other personal rights, such as rights of preemption, purchase, and redemption, are recorded in the land register, the compensation granted to the entitled parties in accordance with Art. 23 shall be deducted.

Holders of prior-ranking real estate liens or charges who may be damaged as a result of the application of paragraphs 1 and 2 can demand that, for the determination of the market value of the property, the rights recorded or noted in the land register without their consent are not taken into account.

In the case of partial expropriation, no compensation for depreciation of the remaining part is granted when the depreciation is offset by specific advantages resulting from the activities of the expropriator.

On the other hand, consideration is given to the damage resulting from the loss or reduction of benefits affecting the market value, which the remaining part would, in all likelihood, have retained if there had been no expropriation.

Holders of expropriated servitudes, with the exception of usufructs, and holders of personal rights annotated in the land register shall be fully compensated for the damage resulting from the diminution or extinction of their rights (Art. 91), to the extent that Art. 21, para. 3, permits such consideration.

Tenants or lessees may, even if their rights are not annotated in the land register, demand full compensation for the damage resulting for them from the early termination of a lease concluded prior to the initiation of the expropriation proceedings.

Holders of mortgage rights, land charges, and usufructs constituted on the expropriated property shall exercise their rights, in accordance with the Swiss Civil Code, on the compensation that replaces it. They are permitted to independently submit conclusions if they risk being adversely affected in their rights.

Usufructuaries may additionally seek, on their own initiative, compensation for the damage resulting from the deprivation of the property subject to usufruct.

No compensation is due for rights and claims arising from unlawful or abusive acts or those created exclusively to obtain compensation.

New installations executed by the expropriator in accordance with Art. 7 that replace or complement existing installations become, unless otherwise agreed, the property of the party to whom the latter belonged. The expropriator is responsible for any additional costs incurred by the maintenance of the new installations, to the extent that they are not offset by benefits resulting from these installations.

The expropriator becomes the owner of the installations and real estate previously designated for public service, which are made available by the new installations.

The estimation commission rules on disputes that may arise in this regard.

The expropriation procedure must be conducted in conjunction with the plan approval procedure for the project that justifies the expropriation. It must be conducted as an independent procedure when the law does not provide for a plan approval procedure.

If a project requiring plan approval necessitates an expropriation, the application for plan approval must explain the necessity and scope of this expropriation. It must be supplemented by an expropriation plan and a schedule of expropriated rights indicating the properties that require expropriation, their owners, the areas concerned, as well as the restricted real rights and personal rights noted for expropriation as recorded by the land register or other public registers. If easements are established, their content must be outlined in general terms. If the expropriation is carried out on a temporary basis, its duration must be specified.

The published text of the plan approval request must indicate that the applications referred to in Art. 33, paras. 1 and 2, must be submitted within the stipulated opposition period.

It must explicitly draw attention to the following provisions: a. Art. 32 concerning the information for tenants and farmers; b. Arts. 42 to 44 concerning the expropriation ban.

Before the publication of the request for plan approval, the expropriator shall send a copy of the text to be published to each of the persons concerned by the expropriation request who are known to them from the land registry, public registers, or in any other way. It specifies what is claimed from each interested party.

If a person affected by the expropriation request receives the personal notice after the publication of the request, their objection period begins upon receipt of this notice.

The personal notice includes: a. the purpose and scope of the expropriation; b. a summary of the type and location of the work to be carried out; c. the rights of which transfer or establishment is required; d. the place where the application file can be inspected during the objection period; e. the demand to submit objections and claims, in accordance with Art. 33, para. 1; f. the requirement to notify tenants and farmers, in accordance with Art. 32; g. the expropriation ban and its consequences, in accordance with Arts. 42 to 44.

If the expropriation affects leases or farm leases that are not recorded in the land register, the lessors are obliged to inform their tenants or farmers of this immediately upon receipt of the personal notice and to notify the expropriator of the existence of such contracts.

If the lessors receive the personal notice only after the publication of the plan approval request, the tenants and farmers are subject to the same deadlines as the lessors.

The following requests must be submitted within the 30-day opposition period: a. oppositions to expropriation; b. requests based on Articles 7 to 10; c. requests for restitution in kind (Art. 18); d. requests for extension of expropriation (Art. 12); e. requests for expropriation compensation.

Tenants and farmers, as well as beneficiaries of easements and annotated personal rights (Art. 23 and 24, para. 2), are also required to submit their claims within the specified opposition period. Excepted are liens and real burdens encumbering a property for which expropriation is required, as well as usufructuary rights, except concerning the damage the usufructuary claims to suffer due to the deprivation of the object subject to their right (Art. 24).

Requests for expropriation compensation referred to in para. 1, letter e, and para. 2, must be structured in accordance with Art. 19 and, as far as possible, be quantified. They can be specified further in the course of the conciliation procedure.

When the entitled parties have not submitted their claims, the estimation commission assesses them insofar as they are notorious or appear in the table of expropriated rights.

When approving the plans, the competent authority also decides on objections related to expropriation as per Art. 33, para. 1, let. a to c.

Insofar as the requests referred to in Art. 33, para. 1, let. d and e, require a conciliation procedure and, if necessary, an estimation procedure, the authority responsible for approval forwards to the chairman of the competent estimation commission, once the approval of the plans has become final, including the decision rendered, the approved plans, the expropriation plan, the table of expropriated rights, and the submitted claims.

Articles 28 and 31 to 34 apply by analogy to cases where a simplified procedure for plan approval occurs without publication and expropriations are authorized. The expropriator must send the personal notices referred to in Article 31 to the approving authority. The authority then forwards these notices along with the request to the individuals to be expropriated.

When rights referred to in Art. 5 must be expropriated without a decision being made within the framework of a combined procedure as per Arts. 28 to 35, an independent expropriation procedure must be conducted.

If an expropriation procedure has already been conducted for the project, an independent expropriation procedure is only permissible in the following cases: a. the expropriator requests the removal of a right or encroaches upon it whereas the filed expropriation plan, the expropriation schedule, or the information provided by individual notification did not foresee it or did not foresee it to that extent, or b. damage occurs that could not have been foreseen or whose extent could not have been foreseen at the time of the filing of the plans or individual notification.

If the right to expropriate is already exercised in practice, the expropriating party must request the competent authority, once it has knowledge of the exercise of this right, to initiate an autonomous expropriation procedure.

In such cases, the expropriated party is also entitled to request the competent authority to initiate an autonomous expropriation procedure.

Claims and demands related to expropriation are subject to a statute of limitations of five years from the time the expropriated party became aware of the exercise of the concerned right.

The department responsible for the autonomous expropriation procedure is the department competent in the matter.

The authority in charge of plan approval shall decide in place of the department if the expropriation is related to a work whose realization requires plan approval under special legislation.

The special jurisdiction rules provided by other federal laws are reserved.

The competent authority examines the request for the initiation of an independent expropriation procedure and requires the necessary documents from the expropriating party.

In particular, it may require the documents referred to in Art. 28 and the personal notices referred to in Art. 31.

The competent authority decides whether a publication associated with the public filing of the application is necessary; Articles 30 to 33 apply by analogy.

If it is not necessary to publish the expropriation application, the competent authority submits it directly to the opposing party and, if applicable, to other concerned persons; Articles 31 to 33 and Article 35, paragraph 2, apply by analogy.

The competent authority may also order the staking out and profiling of the planned work.

The competent authority rules on objections in matters of expropriation in accordance with Art. 33, para. 1, let. a to c.

Insofar as the requests referred to in Art. 33, para. 1, let. d and e, require a conciliation procedure and, where applicable, an estimation procedure, the competent authority forwards to the president of the competent estimation commission, once the decisions referred to in para. 1 have come into force, including the rendered decision, the approved plans, the expropriation plan, the table of expropriated rights and the claims produced.

From the moment the personal notice or expropriation request is delivered to the person concerned, it is no longer permissible, without the consent of the expropriating authority, to perform any legal or factual acts of disposition that could make the expropriation more costly.

Upon presentation of a certificate from the authority responsible for approval or the competent authority pursuant to Art. 38, the expropriator may have a restriction on the right of disposal recorded in the land register.

The expropriating party is obligated to fully compensate the damage resulting from the expropriation ban.

The existence and extent of the damage are determined simultaneously with the expropriation indemnity.

When more than two years have passed since the initiation of the expropriation procedure without reaching an agreement between the parties or holding debates on the determination of the expropriation indemnity, the expropriated party may request that the damage be determined in advance through a special procedure.

The president of the competent estimation commission initiates the conciliation procedure at the written request of the expropriating party, an expropriated party, or an interested co-party.

The president summons the expropriator and the expropriated parties to appear at a conciliation hearing by personal communication; the hearing is normally held at the relevant location.

If the expropriator does not respond to the summons, the president schedules a new hearing. If expropriated parties fail to appear, the conciliation procedure does not take place concerning them, unless the president deems a hearing necessary.

Holders of mortgage rights, land charges, and usufructs are also summoned to appear through personal communication. If they are not known by name, the president of the estimation commission shall conduct the necessary investigations or publish the summons.

The summons to the conciliation hearing must inform the holders of mortgage rights, land charges, and usufructs that, if they fail to appear: a. they will be bound by the compensation agreements concluded by the owner, and b. they will not be invited to subsequent stages of the procedure, unless they request it.

Compensation claims and related questions are discussed at the hearing; the commission also conducts the necessary investigations to clarify any disputed or doubtful points. The chairman seeks to reconcile the parties.

A record of the conciliation hearing is prepared. This record contains: a. the names of the interested parties who appeared; b. the agreements, as well as the statements of the parties involving recognition, waiver, or reservations; c. the signature of the president of the appraisal commission. The agreements and statements mentioned under letter b must be signed by the parties.

Insofar as the procedure results in an agreement between the parties on compensation claims, the minutes have the same value as a definitive ruling by the assessment commission.

If the set compensation results in a loss for the holder of a mortgage, a land charge, or a usufruct, the agreement shall only be effective in relation to them if they have signed it or were absent from the conciliation hearing. The minutes must expressly mention this fact.

An agreement on compensation reached after the initiation of the expropriation procedure, but outside a procedure before the estimation commission, binds the parties only if it has been concluded in written form; it is communicated to the president of the estimation commission.

This agreement also binds the holders of mortgage rights, land charges, and usufructs who suffer a loss from it, if they have been personally informed by notice from the president of the commission and if they do not request, within a period of thirty days, that the estimation procedure continues.

If necessary, the chairman of the estimation commission shall order ex officio or at the request of one of the parties that the required means of evidence be collected for a possible procedure. He may call upon members of the estimation commission.

Repealed

By means of an ordinance, the Federal Council shall divide the territory of the Confederation into estimation districts.

An estimation commission is established in each district. The commissions consist of: a. a president and two deputies, and b. a maximum of 15 other members.

The Federal Supreme Court appoints the members of the estimation commissions. The cantons may be consulted during the preparation of the appointment of the members referred to in para. 1, letter b.

The members of the estimation commissions are appointed for a term of office of six years, which coincides with that of the members of the Federal Administrative Court. They vacate their offices at the end of the year in which they reach the age of 68.

If necessary, the Federal Supreme Court may, in a given district, resort to members of the estimation commission of another district for temporary support.

The Federal Supreme Court may relieve a member of an estimation commission of their duties before the end of their term: a. if they have intentionally or through gross negligence seriously violated their official duties, or b. if they are permanently unable to perform their duties.

The members of the estimation commission must belong to different professional groups; they must possess the necessary technical, linguistic, and local knowledge for the estimation.

Candidates for appointment to one of the estimation commissions must disclose their connections with interest groups to the Federal Supreme Court. Members of the estimation commissions must keep the Federal Supreme Court informed of any changes in their connections with interest groups.

Members of the estimation commissions shall carry out their tasks diligently. In the exercise of their judicial functions, they are independent and subject only to the law.

They are bound by an obligation of official secrecy during their term; this obligation continues after the end of the term.

Members of the estimation commission perform their duties on an ancillary basis.

If the sustained workload of an estimation commission necessitates it, the Federal Court may appoint, at the request of the Federal Administrative Court, certain members or all members of this commission on a primary basis.

Members of the commission who perform their duties on a primary basis are subject to the Federal Personnel Act of March 24, 2000 (FPA). The Federal Court may enact implementing provisions that are contrary or complementary in the sense of Art. 37, para. 2, FPA.

If employment relationships are established under the provisions set forth in Arts. 59b and 59c, the authority competent to create, modify, and terminate such relationships is as follows: a. the Federal Supreme Court, for members of an estimation commission; b. the Federal Administrative Court, at the request of the chairperson of the competent estimation commission, for employees of a permanent secretariat.

The members of the estimation commissions and the secretariats are administratively affiliated with the Federal Administrative Court.

If the conditions establishing the insurance obligation under the Federal Act of June 25, 1982, on Occupational Old Age, Survivors, and Disability Pension Plans are fulfilled, the members of the estimation commissions and the employees of their secretariats must be insured with PUBLICA.

The Federal Administrative Court periodically pays the social insurance contributions owed by both the employer and the employee. It may engage third parties to ensure the settlement of payments.

The Federal Council issues the necessary implementing provisions.

A secretary and, if necessary, other assistants are secondarily available to the estimation commissions. They are appointed by the president of the estimation commission.

The staff of the secretariat fulfill their duties diligently. They are bound by the instructions given by their commission in the execution of their duties.

They are required to maintain official secrecy during the duration of their activity for the estimation commissions; this obligation continues after the end of their activity.

If the sustainable workload of one or more estimation commissions requires it, the Federal Administrative Court provides a permanent secretariat for each of them or a common permanent secretariat for all these commissions.

The Federal Administrative Court provides the president of the estimation commission with the necessary resources for financing the permanent secretariat. The president submits an annual budget proposal to the Federal Administrative Court.

The staff of the permanent secretariat are subject to the LPers, the compensation regulations enacted by the Federal Council pursuant to Art. 113, para. 1, and the relevant execution rules governing the employment relationships of the staff of the Federal Administrative Court.

To deliberate, the estimation commission must be composed of three members, namely: a. the president or his deputy, and b. two other members.

The president appoints his deputy and the other members.

The secretary participates in the sessions with a consultative voice.

When the matters to be dealt with accumulate or when the president is unable to perform his duties for an extended period, he instructs his deputy to handle part of the matters.

When several languages are used by the interested parties, the president or his deputy must, as much as possible, be of the same language as the expropriated party.

If the parties declare their agreement, the president of the estimation commission or the deputy shall decide following the conciliation hearing without the participation of the other members. The right of appeal (Art. 77 et seq.) is reserved.

The liability of the members of the estimation commissions, the persons mandated by the commissions, and the staff of the secretariats is governed by the Liability Law of March 14, 1958.

The disqualification of members of the appraisal commissions is governed by the same rules as those applicable to the members of the Federal Administrative Court. Disputes are decided in the first instance by the commission, in the absence of the members concerned.

The Federal Administrative Court assumes the following tasks and exercises the following competencies: a. it oversees the administrative management of the estimation commissions and their presidents; b. it can request ad-hoc or periodic reports from the presidents and the commissions; c. it performs the tasks referred to in Articles 59 ter and 59 quater; d. it ensures the payment of indemnities or remunerations to the members of the estimation commissions and the collaborators of their secretariats.

The appraisal commission decides, among other things: a. on the amount of compensation (Art. 16 and 17); b. on requests to exclude integral parts and accessories from expropriation (Art. 11) and on requests for its extension (Art. 12 and 13); bbis. on requests for compensation for damages resulting from preparatory acts (Art. 15, para. 3); c. on requests for compensation deriving from the obligation to safeguard public interest and neighboring funds (Art. 7); d. on new ownership relations and additional costs incurred through the maintenance of new installations (Art. 26); e. on requests for compensation deriving from the renunciation of expropriation (Art. 14); f. on requests for compensation deriving from the expropriation freeze (Art. 44); g. on requests for early possession and the provisions to be made thereto when the president does not have the competence to decide under Art. 76, para. 2; h. on the consequences of delay in the payment of expropriation compensation (Art. 88); i. on the expropriated party's right to demand retrocession and the related claims (Art. 108); k. ...

The commission itself decides on its competence.

Jurisdiction generally lies with the appraisal commission of the district in which the expropriated object is located.

At the request of one of the parties or the president of an appraisal commission, the Federal Administrative Court may exceptionally assign a commission to adjudicate expropriations outside its district when such an extension of jurisdiction allows for a uniform appraisal or avoids expenses.

If the conciliation procedure does not result in an agreement between the parties, the president of the estimation commission shall automatically initiate the estimation procedure.

With the consent of the parties, the estimation procedure may be postponed until the completion of the work.

The estimation commission renders its decision following the hearing of the parties and generally after a local inspection. The president summons the parties at least 30 days in advance, informing them that proceedings will continue even if they fail to appear.

Additionally summoned to the discussions concerning the determination of compensation are those affected by the expropriation who have not submitted a claim but whose rights are noted in the table of expropriated rights (Art. 27) or are otherwise publicly known.

Holders of mortgage rights, land charges, and usufructs are summoned only if they have requested the continuation of the estimation procedure (Art. 54, para. 2). However, they are permitted to participate in the discussions and, upon proving an interest in the determination of compensation, to submit claims (Art. 24).

The president may order that before or after the hearing, the parties proceed with a single exchange of written submissions, indicating their means of proof. Before particularly difficult decisions are made, the president may order an additional exchange of written submissions.

If the existence of a right that is the subject of a compensation claim is contested, the procedure is suspended, and a deadline is set for the expropriating party to initiate action before the ordinary court, failing which the right shall be considered as existing. At the request of one of the parties, an estimation may be conducted conditionally.

However, the parties may, through an express declaration, assign the adjudication of the dispute to the commission. An appeal against its decision is reserved (Art. 77 et seq.).

When holders of mortgage rights or land charges intend, according to Art. 21, para. 3, to demand the valuation of the property without taking into account the restricted real rights and the subordinate annotated personal rights, they must make this request at the latest during the debates on the valuation.

In such a case, the valuation commission must estimate the property both taking into account the rights in question and disregarding these rights.

Subordinate real rights and annotated personal rights (Art. 23, para. 1) give rise to compensation only if the valuation without the charges exceeds the amount of prior-ranking mortgage claims and land charges, or when this amount is also covered by the valuation with the charges.

When the extension of expropriation is requested, the valuation commission is required to determine the compensation to be paid for both partial and total expropriation.

The estimation commission may, on its own initiative, conduct any investigations necessary to ascertain the facts and determine the amount of compensation to be awarded and, for this purpose, require the parties to produce evidence, consult experts, review public records, and hear witnesses.

It is not bound by the parties' conclusions in determining the amount of compensation.

The proceedings and decision of the valuation commission are recorded in a report that contains: a. the names of the interested parties who appeared; b. the exact designation of the object of the expropriation; c. the parties’ conclusions and statements having the value of acknowledgment; d. the list of documents submitted by the parties; e. a summary account of the parties' presentations; f. the results of the evidence administration; g. the text of the decision made, with an indication of the reasons, the various components of the compensation listed in Art. 19 must be indicated separately and precisely in figures; h. the signature of the chairman of the valuation commission. A separate report of the proceedings is drawn up if they do not result in a decision, witnesses are heard, or for other reasons, a report appears necessary.

The decision of the estimation commission is communicated by delivering a copy to each of the parties and to those co-interested parties who have submitted findings in the procedure (Art. 67, para. 3). Decisions relating to related cases are communicated simultaneously as far as possible.

Insofar as the decision of the estimation commission is not subject to an appeal, it has the same effect as a final judgment of the Federal Administrative Court; it can be challenged by the same legal remedies.

The expropriator may at any time request authorization to take possession of the right or to exercise it even before the compensation is paid, if they prove that, without such action, the enterprise would be exposed to serious harm. If the right to expropriate has already been exercised de facto on an existing work, this early possession is authorized by law.

The president of the appraisal commission decides on the request at the earliest when the expropriation order becomes enforceable, and in any case, after hearing the expropriated party and, if necessary, after a special site inspection. They may seek the assistance of members of the appraisal commission if deemed necessary or if required by one of the parties.

In proceedings before the Federal Administrative Court and the Federal Supreme Court, the instructing judge rules on the request.

The authorization must be granted unless taking possession makes it impossible to examine the compensation claim, or if such an examination cannot be ensured by commission measures such as taking photographs or sketches. ...

The expropriated party may request that the expropriator be required to provide suitable securities or make advance payments, or perform both simultaneously. The president of the appraisal commission decides on the request, either alone or with the participation of members of the appraisal commission. The advances are distributed according to Art. 94. In all cases, the final compensation bears interest at the rate set by the Federal Administrative Court from the day of taking possession, and the expropriated party is compensated for any other damage resulting from early possession.

...

The decision of the estimation commission may be appealed to the Federal Administrative Court.

Unless otherwise provided by this Act, the procedure is governed by the Federal Administrative Court Act of June 17, 2005.

New claims are admissible in the procedure before the Federal Administrative Court against decisions concerning the determination of compensation if it is established that they could not have been made before the commission.

The main parties, as well as holders of mortgage rights, land charges, and usufructs, are entitled to appeal to the extent that the decision of the estimation commission causes them a loss.

The opposing party may, within ten days of receiving the appeal by the Federal Administrative Court, join the appeal and submit claims as if it had filed an independent appeal. These claims must be substantiated. If the principal appeal is withdrawn or declared inadmissible, the joined appeal becomes void.

Except in cases where the expropriating party expressly reserves the right to renounce the expropriation even after the closure of the proceedings, the examining magistrate may, at the request of the opposing party and after the exchange of briefs, require the expropriating party to immediately pay the compensation to the extent that it is no longer disputed in view of the conclusions of the parties.

At the request of the expropriating party, and provided that they offer sufficient security for the amount still in dispute, the examining magistrate may decide that the expropriation shall take effect upon the payment of the undisputed portion of the compensation.

Decisions of the Federal Administrative Court may be appealed to the Federal Supreme Court in accordance with the Federal Supreme Court Act of 17 June 2005.

The standing to appeal is governed by Art. 78, para. 1. Furthermore, the procedure is governed by the Federal Supreme Court Act of 17 June 2005.

The expropriation compensation must be paid within 30 days following its final determination; if it consists of a sum of money, it shall bear interest at the rate set by the Federal Administrative Court as of the expiration of this period. If the final measurement of the expropriated area is not yet possible at that time, the expropriator shall pay 90% of the compensation calculated based on the measurements indicated in the deposited plan, subject to additional payment or partial restitution.

When the expropriator is delayed in fulfilling non-monetary obligations, the president of the estimation commission shall, at the request of the entitled party, set an appropriate deadline for compliance, notifying that, failing which, the works may be executed by the entitled party at the expense of the expropriator. In this case, the entitled party may demand a suitable advance from the expropriator, which the president of the estimation commission determines in case of dispute.

In the event of a dispute, the estimation commission establishes the amounts due to the entitled party who carried out the work themselves and the compensation for damages resulting from the delay.

The compensation for expropriation of a property or a restricted real right on a property, as well as compensation for depreciation for the remaining part of a property, must be paid, on behalf of the entitled parties, into the hands of the land registry conservator in the district where the property is located. The expropriating party shall simultaneously deliver to the conservator the documents by which the compensations have been definitively fixed.

The compensations awarded to the expropriated party for other damages suffered by them and the compensations to tenants and farmers must be paid directly to them.

The land registry conservator informs the expropriated party of the payment, notifying them that if they do not contest its accuracy within ten days, the distribution procedure will commence.

In the event of a dispute, the land registry conservator refers the matter to the decision of the commission's president. The distribution is postponed until such a decision has been made.

Upon payment of the compensation, the expropriating entity acquires ownership of the expropriated property or the right constituted in its favor on the property through expropriation. Unless otherwise agreed by the parties or a waiver by the expropriating entity to their cancellation, the restricted real rights, the personal rights annotated in the land register, and other compulsory rights encumbering the expropriated property are extinguished, even when they have not been produced despite the relevant summons and when the estimation commission has not assessed them.

The payment has the same effects in cases where the compensation has been determined by an agreement after the commencement of the expropriation procedure.

No transfer taxes may be claimed for the transfer of property as a result of expropriation; only chancery fees may be collected, which are to be borne by the expropriator.

The expropriating party may request that the acquisition of property resulting from the expropriation be recorded in the land register immediately after a duly recognized payment of the compensation and the necessary surveying.

At the request of the expropriating party, and provided that the party demonstrates an interest and provides sufficient security for the performance of its obligations, the president of the appraisal commission may authorize the registration prior to the final survey.

At the request of the expropriating party, the appraisal commission shall order that the payment of compensation resulting from the expropriation of neighboring rights be recorded in the land register.

The compensation paid into the hands of the land registry conservator for the expropriation of a property or for the depreciation of a non-expropriated parcel can only be released to the owner with the consent of the holders of limited real rights or personal rights that are annotated.

Compensation for the expropriation of servitudes can only be paid to the beneficiaries with the consent of the holders of real estate mortgage rights or land charges encumbering the dominant estate.

If, within a reasonable period of at least three months, allotted by the land registry official, the expropriated property owner or the holder of an expropriated servitude does not prove that all holders of restricted real rights agree to payment in their hands or to a distribution agreement, the land registry official distributes the compensation amount in accordance with Articles 96 to 100.

Cantonal governments are authorized, upon notification to the Federal Council, to assign the distribution to other offices for the entirety or a part of their territory.

Decisions from the distribution offices may be appealed to the supervisory authority designated by the canton and, ultimately, be contested before the Federal Supreme Court.

The cantons are liable to the injured parties, in accordance with Article 955 of the Swiss Civil Code, for damage resulting from the violation of legal provisions.

Prior to the establishment of the distribution table, all holders of mortgage rights, land charges, and usufructs are summoned, by means of publication, to submit their claims within a period of twenty days, including those concerning interests and costs, and to submit their supporting documents. The summons is accompanied by a warning that those who fail to submit their claims will be excluded from the distribution insofar as their rights are not recorded in public registers, and that until the submission of the documents, the corresponding amounts will be deposited.

The individuals indicated in the public registers receive a copy of the publication, provided that their domicile is known or they have a representative in Switzerland.

After the expiration of the submission deadline, the competent office shall prepare a distribution plan. Based on the entries in the land register and other public registers, as well as on the submissions that supplement or correct these entries, it shall indicate the rank and amount of each claim, as well as the corresponding dividends. The rank is determined in accordance with the Swiss Civil Code.

To the extent that payments result in the extinguishment of mortgage rights, the rights of holders with a lower rank benefit from the vacated spaces.

The compensation paid for the extinguishment of servitudes shall be allocated to the holders of mortgage rights and land charges encumbering the dominant estate, according to their rank.

The distribution table remains deposited for thirty days with the office responsible for the distribution, after notice has been given to the interested parties. During this period, any interested party may challenge the table before the judge of the place where the expropriated property is located. For the procedure, the provisions of the legislation on debt enforcement and bankruptcy are applicable.

When the action for modification of the distribution table is directed against the admission and allocation of another interested party, it is instituted against the latter. If the action concerns the claimant's own allocation, it is instituted against all interested parties whose allocation would be modified if the claims of the action are admitted or, if it is not likely to result in such a modification, against the expropriated party.

The court informs the distribution office of both the commencement and the outcome of the proceedings.

The distribution office shall pay to the holders of mortgage rights, land charges, and usufructs the amounts allocated to them, as soon as their allocation has become definitive and they have submitted their titles.

If a creditor secured by a mortgage or mortgage certificate incurs a loss, a certificate is issued to them; this certificate holds the same value as an acknowledgment of debt made in court.

Amounts related to unsubmitted mortgage titles are deposited with the cantonal deposit office, with notice given to the entitled parties. The remaining balance is paid to the expropriated party.

After the distribution has been effected, the office shall proceed with the necessary modifications and entries in the land register, as well as the amendment or cancellation of mortgage titles.

If a mortgage title is not presented, the modifications and entries are nevertheless carried out in the land register and communicated to the interested parties by publication and additionally, for those whose names and addresses are known, by registered letter. Interested parties are notified that the transfer or pledging of the title without indication of the deficit is punishable.

The expropriated party may, unless they have expressly waived this right in writing, demand the retrocession of an expropriated right, subject to the reimbursement of its value and, if circumstances justify it, compensation for depreciation: a. when, within a period of five years since its acquisition by the expropriator, the right in question has not been utilized for the purpose for which the expropriation took place. The competent department in this matter may extend this period if the expropriator, through no fault of their own, has been unable to complete the works; b. when, within a period of twenty-five years, the right expropriated for the future expansion of an existing enterprise has not been used for that purpose; c. when the expropriator, without having used the expropriated right for a public interest purpose, intends to dispose of it or assign it to a use for which the expropriation is not granted.

In case of the extension of the expropriation in accordance with Arts. 12 and 13, the right to demand retrocession exists only if its conditions are fulfilled with respect to the entire expropriated object, and it can only be exercised for the entirety.

The right to demand reversion can be exercised by the former owner of the expropriated right or by their heirs. When the expropriation involves a parcel of land or a property easement, the expropriated party and their heirs can only demand reversion if they still own the remainder of the property or the former dominant estate.

When the expropriator intends to alienate the expropriated right or to dedicate it to a purpose for which expropriation was not granted, the expropriator is required to notify the individual who holds the right to demand retrocession.

If this right can no longer be exercised because the expropriator, by their own fault, failed to provide the required notice, the expropriator must compensate for the damage resulting to the entitled party.

The right to demand the retrocession due to the non-utilization of the expropriated right is subject to a prescription period of one year from the expiry of the deadlines indicated in Art. 102, para. 1, let. a and b.

The right to demand retrocession in accordance with Art. 102, para. 1, let. c, is subject to a prescription period of one year from the day on which the entitled party received notice from the expropriator or, if such notice has not been given, from the date on which the party became aware of the alienation or the new use, in any case by five years from the accomplished fact.

The expropriated right must be restored to the condition it is in at the time the request for retrocession is made.

If the expropriator has made modifications and the former condition cannot be restored or cannot be restored without disproportionate costs, the person requesting the retrocession is obliged to provide a suitable compensation for the increase in value; they are entitled to deduct depreciation from their compensation. The expropriator may remove the installations made by them, provided that this removal does not harm the right to be restored.

Anyone who demands retrocession is required to fulfill their obligations within three months from the day the obligation to retrocede and the extent of their performances have been acknowledged or definitively established. Failure to comply with this deadline results in the loss of the right.

When the right to demand retrocession is disputed or the parties cannot agree on the amount of compensation, the estimation commission decides. ...

Publications are made in the official publication organs of the cantons and communes whose territory is concerned. Deadlines are calculated from the date of publication in the official organ of the canton.

Insofar as this Act does not contain specific provisions on the subject, the procedure is governed by the Federal Act of December 20, 1968, on Administrative Procedure.

The submissions intended for the estimation commission, as prescribed by the present law, must be accompanied by at least the number of duplicates to be delivered to the opposing parties.

Documents submitted by the parties and those issued by the estimation commission and its president are exempt from stamp duty.

An order of the Federal Council shall determine the fees to be charged for operations conducted under this law, as well as the compensation for the appraisal commissions and their presidents.

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The expropriator shall bear the costs arising from the exercise of the right of expropriation.

In the case of claims that are manifestly abusive or clearly exaggerated, the costs may be charged in whole or in part to the expropriated party.

The general rules of the Federal Act of 4 December 1947 on Federal Civil Procedure concerning costs are applicable to the retrocession procedure (Art. 102 and 103) and, when the conditions mentioned in Art. 36, para. 2, are not met, to the autonomous expropriation procedure.

Each authority shall determine the procedural costs for the phase falling under its responsibility, subject to the decisions of the appellate instances.

The expropriator is obliged to pay a suitable compensation to the expropriated party for the extrajudicial costs incurred due to the expropriation, conciliation, and appraisal procedures. In the combined procedure, the parties involved in the plan approval process who are threatened by expropriation may claim such compensation.

If the claims of the expropriated party are entirely or mostly rejected, it is possible to completely or partially waive the allocation of legal costs.

In cases of manifestly abusive claims or clearly exaggerated demands, the expropriated party may be required to pay the legal costs to the expropriator.

Art. 114, para. 3 and 4, applies by analogy.

The costs incurred by the procedure before the Federal Administrative Court, including the costs awarded to the expropriated party, are borne by the expropriator. If the claims of the expropriated party are rejected entirely or for the most part, the costs may be allocated differently. Unnecessarily incurred costs shall be borne in each case by the party who caused them.

In the cases listed in Art. 114, para. 3, the costs must be allocated according to the general rules of the Federal Civil Procedure Law of December 4, 1947.

In the procedure before the Federal Supreme Court, the allocation of costs is governed by the Federal Supreme Court Act of June 17, 2005.

When the expropriating party is the Confederation, a canton, or a municipality, it is exempted from the obligation to provide securities.

Anyone who removes, damages, or relocates signals, markers, or other signs used for a survey, staking, or profiling established for the purpose of expropriation according to this Act, is liable to a fine of up to 300 francs, unless the act committed is subject to a more severe penalty under the Swiss Penal Code.

When an expropriation is possible both under federal law and under cantonal law, it is for the expropriating party to decide according to which of these legislations it shall take place.

If the expropriation has been authorized under cantonal law, the expropriating party can no longer invoke the present law.

The following are repealed as of the entry into force of this Act: 1. the Federal Act of May 1, 1850, on Expropriation for Public Utility; 2. the Federal Council Ordinance of October 25, 1902, concerning the organization of federal assessment commissions; 3. the revised regulations of the Federal Supreme Court of December 5, 1902, for the federal assessment commissions established pursuant to the Federal Act of May 1, 1850, on Expropriation for Public Utility; 4. all other legal provisions or ordinances contrary to this Act.

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The Federal Council shall be responsible for fixing the date of entry into force of this Federal Act. As of this date, the Federal Act shall apply to all expropriations for which the valuation procedure has not yet been initiated in accordance with the former law. The valuation commissions currently established shall continue to settle expropriations to be carried out under the former procedure.

The new provisions concerning the late submission of claims, enforcement and reversion shall also apply, to the extent possible, to expropriations settled under the former law.

They also govern the conditions and time limits to be observed for claiming reversion in cases of expropriation settled upon the entry into force of this Federal Act.

Date of entry into force: 1 January 1932