Expropriation Ordinance of the Canton of Graubünden (EntV) - Plan Submission (ENTV)

1. The Land Acquisition Plan and the Property Acquisition Table are publicly displayed with the construction project. With the project approval, the expropriation right is granted.

1. In cases of non-road, non-water, or non-forestry construction projects, the department provides the affected landowners with a personal notification, informing them about the project and the rights to be claimed.

2. The landowners may file an objection to the project and the expropriation within 30 days.

3. The competent authority addresses the objections, approves the project, and decides on the exercise of the right of expropriation.

1. After project approval, the department or authorized fiduciaries shall conduct a conciliation proceeding.

2. Amicable agreements must be documented in writing and, if necessary, entered into the land register. They carry the effect of a legally binding expropriation decision. They are also binding on the holders of mortgages, servitudes, and usufruct rights, provided they have been notified by the representative of the canton and do not request the implementation of the appraisal procedure within ten days.

1. If the attempt at an amicable settlement fails in whole or in part, the department shall refer the case to the competent Expropriation Commission with a request to conduct the appraisal procedure.

1. In cases of expropriation for other works, Articles 2 to 4 shall apply mutatis mutandis.

2. The expropriator must make a serious effort to reach an agreement.

1. If an amicable settlement cannot be or is only partially reached, the expropriator must submit an application for the granting of expropriation rights to the department.

2. The application must be accompanied by a brief description of the proposed project and its purpose, the expropriation plan and the acquisition table in duplicate, as well as an excerpt from the minutes concerning the construction resolution and the resolution regarding the implementation of the expropriation procedure.

1. The application for the granting of the right of expropriation must be communicated to the affected parties by the department, setting a reasonable deadline for any possible response.

2. Rejoinder and surrejoinder are only ordered in exceptional cases.

1. The department conducts the necessary investigations and decides on the granting and scope of the right of expropriation.

2. The decision is to be communicated to the parties in writing.

3. The costs shall in all cases be borne by the applicant.

1. The expropriation approval is also delivered to the competent expropriation commission with the request to conduct the appraisal procedure.

1. Immediately upon receipt of the request for conducting the appraisal procedure, the President of the Commission shall summon the parties to a hearing by registered letter, with the warning that the proceedings will take place even in their absence.

2. All persons whose rights are evident from the land acquisition table shall be summoned. The appearance of those entitled to a mortgage, land charge, or usufruct is optional. The summons must be issued at least seven days before the proceedings.

1. The hearing shall be combined with an on-site inspection. The parties shall have the opportunity to present and justify their requests orally. The commission may also require the requests and justifications to be submitted in writing and may set a short deadline for this purpose.

2. At this hearing, any claims for extension must also be presented, and the expropriated party may request an appraisal of the remainder.

1. Following the hearing, the commission shall once again make an attempt at an amicable resolution. The proposals and concessions made during this process shall not prejudice the decision.

2. For any potential amicable agreement and its effect, Article 4, paragraph 2 shall apply. The agreement shall be co-signed by the president of the commission.

1. If the existence or extent of a right for which compensation is claimed is disputed, the expropriation commission shall decide.

2. If a party disagrees with the assessment by the expropriation commission, the procedure will be suspended and the expropriator will be given a reasonable period to file a lawsuit, with the warning that if this deadline is not observed, the right or the alleged extent thereof will be considered as existing or correct.

1. The Expropriation Commission is not bound by the applications of the parties when determining the facts of the case and the amount of compensation. It may, ex officio, conduct all investigations it deems necessary and, for this purpose, require the parties to present evidence, inspect public records, hear witnesses, and consult experts.

2. The appointment of experts must be communicated to the parties, allowing a short period to assert any potential grounds for rejection.

1. The decision shall typically be communicated to the parties in writing and by registered mail within 14 days from the last hearing.

2. The decision shall include

a) a concise presentation of the facts;

b) the precise designation of the subject of expropriation;

c) the designation of the parties and their applications;

d) the determined compensation, itemized according to its components, with corresponding justification;

e) any further dispositions;

f) information on legal remedies;

g) the signature of the participating president of the commission and, if applicable, the secretary;

h) the date of communication.

1. Compensation claims can still be asserted after the completion of the valuation procedure if

a) an entitled person provides proof that it was impossible for them or their representative to assert their claims due to unavoidable obstacles;

b) the existence of a right only becomes known to the entitled person at a later time, or if the expropriator claims a right contrary to the established plan;

c) a damage to the expropriated party, which was unforeseen at the time of the plan's publication or could not be anticipated in its extent, only occurs during construction or after the completion of the work.

2. Otherwise, compensation claims are considered to be forfeited if they are not asserted with the president of the expropriation commission within six months from when the entitled person became aware of the existence, the claim, or the damage. In the case of subparagraph a, the period begins with the removal of the reason that hindered the assertion.

1. Compensation Claims for Expropriation-like Situations (Material Expropriation)

Compensation claims due to expropriation-like situations (material expropriation) are to be submitted to the competent Commission President. The President conducts a consultation procedure.

2. Prescription of the Claim

Unless a specific legal provision exists, the property owner’s claim becomes time-barred five years after the restriction on property rights comes into effect.

1. Article 18 applies mutatis mutandis to subsequent compensation claims if an expropriation procedure was not conducted or was not conducted against the person making such claims.

I'm sorry, but it appears you have provided incomplete information or specific text to translate. Could you please provide the content of the law article that needs to be translated into English?

1. The compensation of the president and the members of the expropriation commission, as well as the commission's clerks, shall be determined by the government.

2. The compensation of the clerks of the expropriation commissions shall be determined by the respective commission in agreement with the finance department.

1. The costs of the proceedings at first instance in the case of formal expropriation shall be borne by the expropriator. In justified cases, the expropriator may also be required to pay an extrajudicial compensation.

2. The allocation of costs in proceedings pursuant to Articles 18 and 19 shall be decided by the expropriation commission at its discretion. As a rule, the costs are to be imposed on the losing party.

1. This regulation comes into effect simultaneously with the law.