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801.100 KRGLPTC CH-GR

Art. 97 Spatial Planning Act for the Canton of Graubünden (KRG) - Formal Expropriation

Expropriation
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Art. 97 KRG - Formal Expropriation · Formal Expropriation

1. Upon the approval of the basic ordinance, the municipality is granted the right of expropriation for the areas specified therein

1. Zones for public buildings and facilities;

2. Areas or portions of areas in other construction zones intended for buildings and facilities serving public or public-interest purposes;

3. Planned roads and paths designated for expropriation.

2. The right of expropriation extends to real and mandatory rights, as well as neighboring rights, that are required for the execution of the planned buildings and facilities or that conflict with them.

3. If the municipality or an authorized entity intends to exercise the right of expropriation, it must inform the affected property owners in writing, specifying the rights claimed and the compensation offered. In the same manner, the affected parties may demand the exercise of the right of expropriation from the municipality through written notification of their offer.

4. If the parties cannot agree on the amount of compensation, either party may request the competent expropriation commission to conduct an appraisal procedure. Otherwise, the provisions of the cantonal expropriation legislation apply.

← Art. 96 KRG - Procedural Costs Spatial Planning Act for the Canton of Graubünden (KRG) - Subject Matter Art. 98 KRG - Material Expropriation →

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Court Decisions Applying This Provision (1)

PVG 2012 32 · gr (Art. 97 KRG)
Expropriation Right Confirmation and Land Compensation Valuation in ZöBA Cases
Cited in the reasoning section to support the finding that the expropriation right was implicitly granted upon the approval of the municipal land use plan.