Expropriation Act (EntG) - I. Principle (ENTG)

1. This Act applies, subject to federal law, to all expropriations and the consequences of restrictions on property rights similar to expropriation.

1. If expropriation is possible under federal and cantonal law, the expropriator may decide under which law it is to be carried out. Once the right of expropriation has been granted, this choice is no longer available.

1. Expropriation is only permissible if it is necessary to fulfill tasks that are in the public interest.

1. The right of expropriation may be claimed by the canton and the municipalities, as well as by public-law corporations and institutions under cantonal law.

2. Third parties may be granted the right of expropriation, provided they require it for tasks for which expropriation is permissible.

1. The right of expropriation can only be claimed to the extent necessary to achieve the purpose. In particular, the right of expropriation may be exercised in the construction of public works or works in the public interest for

a. The creation, alteration, maintenance, operation, and future expansion of the work;

b. The procurement of building materials if they are otherwise obtainable only under very burdensome conditions;

c. The procurement and storage of building materials and installations;

d. Measures required to replace expropriated rights or to safeguard public interests.

1. Subject of Expropriation May Include

a. Real rights in real property;

b. Neighbor rights arising from land ownership;

c. * Personal rights of tenants and lessees of the property affected by the expropriation.

1. A temporary expropriation may extend for a maximum of five years, unless otherwise determined by law, decision of the competent authority, or agreement.

2. The period begins with the assignment of possession and terminates, in any case, three months after the completion of the work.

1. Rights to land serving a public purpose may also be expropriated, provided that, when weighing the opposing public interests, it is justified.

2. If existing public facilities are affected by the construction or operation of the expropriator's work, the expropriator must take all necessary measures to ensure their continued use, provided public interest requires it.

3. The expropriator must implement appropriate measures to protect the public and neighboring properties from dangers and disadvantages that are necessarily associated with the construction and operation of their work and are not to be tolerated under neighbor law.

1. Due regard shall be given to the interests of nature and heritage conservation.

1. Rights to wells, springs, and other water resources essential for a property or water supply can only be expropriated if the expropriator provides adequate real compensation.

1. Components and Appurtenances of an Expropriated Property

Components and appurtenances of an expropriated property, which can be separated without disproportionate cost, are to be excluded from expropriation

a. * at the request of the expropriated party, if they are not necessary for the expropriator's work;

b. * at the request of the expropriator, if the expropriated party can utilize them beneficially without the main property.

1. If only a portion of a property or several economically connected properties is expropriated, and this makes the designated use of the remaining portion impossible or unreasonably difficult, the expropriated party can demand the expropriation of the entire property.

2. If the granting of a limited real right renders the designated use of the property impossible or unreasonably difficult for the expropriated party, they can demand the expropriation of the property.

3. If a temporary expropriation causes the right to lose its principal value for the expropriated parties, they can demand a permanent expropriation.

4. These requests must be submitted simultaneously with the filing of the compensation claim, by requesting a double assessment (§ 47 para. 1).

5. The expropriated party can waive the extension within 30 days after the compensation has been legally determined.

1. The expropriator may request the expropriation of the entire property when, in cases of partial expropriation, the compensation amounts to at least four-fifths of the property's value and there are no substantial reasons opposing the expropriation.

2. The request must be submitted to the appraisal commission by demanding a double appraisal (§ 47 para. 1); it can also be submitted during the appeal of the appraisal commission's decision.

3. The expropriator must inform the expropriated party of the choice between partial expropriation and expropriation of the entire property by registered letter within 30 days following the legally binding determination of the compensation.

1. Parcels of land remaining after an expropriation may be allocated to the expropriated owners of adjacent properties in lieu of payment upon request by the expropriator.

2. The valuation commission decides on the allocation, any compensation payable by the expropriated parties, and any adjustment work necessary to be carried out by the expropriator.

1. The expropriator may, within 30 days following the final determination of the compensation, renounce the execution of the expropriation by registered mail to the expropriated party, provided that no advance possession has been granted. Upon the request of the expropriator, the president of the appraisal commission may extend this period, notifying the expropriated parties.

2. The expropriator shall compensate the expropriated party for any damage arising from the renunciation. The claim for compensation must be filed with the appraisal commission and will become time-barred one year after the declaration of renunciation.

3. The expropriated party may have the restriction on disposition registered in the land register removed upon presentation of the declaration of renunciation.

1. Expropriation may only occur with full compensation.

1. Compensation is generally to be provided in money; there is no legal entitlement to restitution in kind.

2. Without the consent of the expropriated party, restitution in kind is only permissible if their interests are sufficiently safeguarded; subject to section 14.

3. A substitute property may only be allocated if the expropriated party consents and the mortgage creditors of the expropriated property whose rights are not redeemed accept the substitute property as collateral. In this case, the mortgage rights are transferred in accordance with Article 802 of the Swiss Civil Code. Provisions regarding land consolidation and land improvement remain reserved.

1. In determining the compensation, all disadvantages must be taken into account that arise for the expropriated party without their fault due to the deprivation or restriction of their rights. Accordingly, the following are to be compensated

a. the full market value of the expropriated right;

abis. * for agricultural land within the scope of the Federal Act of October 4, 1991, on Rural Land Law (BGBB), three times the determined maximum price according to Article 66 paragraph 1 BGBB;

b. the depreciation that occurs if only part of a plot or several economically connected plots is affected;

c. * all other disadvantages caused to the expropriated party, which can be foreseen as a consequence of the expropriation according to the ordinary course of events.

1. For the determination of the market value, the conditions at the time of the decision of the valuation commission are generally decisive.

2. The possibilities for a better utilization of the expropriated object must be adequately considered.

3. As far as the expropriated party or parties are relieved from special burdens due to the expropriation, their value must be deducted.

4. Increases or decreases in value resulting from the work of the expropriator are to be disregarded.

1. In estimating the market value of real estate, consideration must be given to the public-law ownership restrictions existing at the time of the plan submission, the easements except for usufruct, and the lease and tenancy rights recorded in the land register.

2. If other personal rights, such as pre-emption rights, redemption rights, and purchase rights, are recorded in the land register, the amount of compensation to be paid to the personally entitled parties pursuant to § 22 shall be deducted from the market value of the property.

3. If such rights have been registered or recorded in the land register without the consent of the prior-ranking mortgage and land charge holders, and if such mortgage and land charge holders are disadvantaged by applying the procedure outlined in paragraphs 1 and 2, they may demand that those rights not be taken into account in the determination of the market value; for this purpose, they must request during the valuation hearing the estimation of the market value both with and without considering these rights.

1. In the case of a partial expropriation, no compensation shall be provided for the diminished value of the remaining portion and any additional disadvantages, insofar as they are offset by particular benefits that accrue to the expropriated party from the work of the expropriator. The offsetting of particular benefits shall be omitted to the extent that these are compensated through property owner contributions.

2. Conversely, damages shall also be taken into account if they arise from the deprivation or impairment of characteristics affecting market value, which, without the expropriation, would in all probability have remained with the remaining part.

1. For expropriated easements and for personal rights noted in the land register, the entitled party is to be compensated for the entire damage arising from their restriction or extinction; usufructs are excluded from this regulation.

2. Subordinate rights (Section 20, Paragraph 3) are to be compensated only to the extent that the valuation, without considering the burden, exceeds the preceding land charge rights and ground charge claims. Compensation is also owed if the preceding rights are covered in the valuation, taking the burden into account.

3. Tenants and lessees can claim compensation for all damage from the expropriator, even if their rights are not noted in the land register, for verifiable damage arising from the premature termination of their rental and lease agreements.

1. The holder of a mortgage, real burden, or usufruct is entitled to compensation paid in place of the expropriated property, in accordance with civil law. They may independently file claims if there is a risk of their rights being adversely affected.

2. The usufructuaries may also independently claim compensation for any damage resulting from the deprivation of the object of the usufruct.

1. Rights and claims that have been unlawfully or abusively established in order to gain an advantage are not to be compensated.

1. Acts that are absolutely necessary for the preparation of a project for which expropriation can be requested (such as inspections, planning surveys, soil samples, staking, measurements, etc.) must be notified to the property owner by registered mail at least 10 days prior to execution.

2. To the extent that the canton is not the expropriator, such acts may only be carried out against the will of the property owner with the permission of the Department of Construction, Environment, and Economic Affairs, which may require an appropriate security deposit.

3. Any damage resulting from these acts must be compensated. In case of dispute, the compensation will be determined in an appraisal procedure according to the Expropriation Act. Any compensation claims must be submitted to the Appraisal Commission. Such claims shall become time-barred within one year from the date of discovering the damage, but no later than five years from the date of the damaging event.

1. The application for the granting of the expropriation right must be submitted to the Department of Construction, Environmental, and Economic Affairs for the attention of the Government Council.

2. The application must include

a. the project plans, which indicate the purpose, type, scope, and location of the works;

b. * the expropriation plan (excerpt from the updated land register plan or situation plan prepared by the land registry surveyor), showing which plots of land and in what way they are claimed by the expropriator;

c. * the expropriation register, containing all landowners, easement beneficiaries, holders of personal rights noted in the land register, and tenants or leaseholders, visible from the land register or otherwise known to the expropriator, indicating for each what rights and to what extent they are claimed by the expropriation.

3. If the contributions to be made by the interested landowners for the construction of the public works are to be determined at the same time, a list of the plots of land considered for contributions must also be included.

4. The application and the attachments must be submitted in duplicate for each municipality whose territory is affected by the expropriation.

5. Reserved is § 37 paragraph 1 for cases where only the fundamental issue of the granting of the expropriation right needs to be clarified initially.

1. The expropriator must, simultaneously with the submission of the expropriation request, depict the scope of the project using stakes, profiles, models, etc., in such a way that it is apparent to the persons subject to expropriation whether and to what extent their rights are affected.

2. The Department of Construction, Environment, and Economic Affairs decides on the measures to be undertaken.

1. The Department of Construction, Environment, and Economy examines whether the requirements of §§ 26 and 27 are met, orders any necessary additions, and submits the expropriation request along with the documents to the municipality for public display.

1. Unless the municipality has provided otherwise in its legislative enactments, the competent authority of the municipality is the municipal council.

1. The municipality shall promptly make public the announcement that the expropriation request, together with attachments, will be available for inspection for 30 days and that the parties involved must submit, within this period and under penalty of preclusion, substantiated objections to the office specified in the public announcement

a. fundamental objections to the expropriation;

b. objections to the extent of the expropriation;

c. requests for alteration or completion of the plans;

d. requests concerning rights affected by the expropriation which are not listed in the expropriation register;

e. requests for the extension of the expropriation;

f. requests according to §§ 8-10;

g. requests for the amendment of the list of properties liable to contribute.

2. The announcement must expressly draw attention to the provisions of §§ 31 and 33.

1. The municipality is required to simultaneously deliver, via registered mail, a duplicate of the public announcement and the relevant extract from the expropriation register to all holders listed in the expropriation register whose rights are subject to expropriation.

1. If expropriation intervenes in lease and tenancy agreements that are not recorded in the land register, landlords and lessors must immediately inform their tenants and lessees upon receipt of the notification.

2. Landlords and lessors are liable to their tenants and lessees for any damage resulting from the failure to provide such notification, in accordance with the provisions of the Code of Obligations (Art. 41 et seq.).

1. If those affected by the expropriation can be precisely determined, the public announcement and plan submission may be waived upon the order of the Department of Construction, Environment, and Economic Affairs. The municipality must issue a personal notification that complies with the requirements of §§ 29 and 30. It must indicate where the expropriation application and attachments can be inspected, provided they are not included with the notification, and at which office submissions should be filed.

1. Once the public announcement of the plan submission has been made, or in the abbreviated procedure, notification has been served on those to be expropriated, no legal or actual dispositions that would complicate the expropriation can be made without the consent of the expropriator.

2. Upon presentation of a certificate from the municipality regarding the plan submission, the expropriator may cause a restriction on disposal to be annotated in the land register in accordance with Article 960, number 1 of the Swiss Civil Code (ZGB).

3. The expropriator is obligated to provide full compensation for any damage arising from the expropriation ban. The compensation for damage is determined at the same time as the compensation for the expropriation. However, if more than one year has elapsed since the commencement of the expropriation ban, the expropriated party may at any time request the assessment commission to determine the compensation for damage in a separate procedure.

1. Upon the expiration of the submission deadline, the municipality forwards the expropriation files along with the submissions to the Department of Construction, Environment, and Economic Affairs.

2. The Department of Construction, Environment, and Economic Affairs submits the entries to the expropriator for comments, insofar as this proves necessary for the clarification of the facts. In cases where an extension of the list of liable properties is requested, the opinions of the affected parties must be obtained in any case.

1. The Department of Construction, Environment, and Economic Affairs may invite the expropriator and the expropriated, as well as other objectors, to a conciliation hearing.

1. The government council decides on the granting and the scope of the right of expropriation, as well as on objections and requests pursuant to § 29, insofar as these could not be amicably resolved.

2. ...

1. Upon the request of the expropriator, the expropriation procedure can be divided such that the granting of expropriation rights is decided in a first procedure, and the extent of those rights is determined in a second procedure. The provisions of this section apply mutatis mutandis.

2. Where the right of expropriation is already established by law and only the extent of the expropriation right needs to be determined, the provisions of this section apply mutatis mutandis.

1. The Cantonal Council elects an Assessment Commission, consisting of a president, a vice president, seven members, and seven substitute members. The new election takes place every third year following the new election of the Cantonal Council, with the term commencing on January 1st.

2. The Cantonal Council elects the president and the vice president from among the judges of the District Court of Lucerne.

3. The remaining members and substitute members must, based on their professional training or experience, be capable of participating in disputes concerning expropriation law. Before taking office, they must take the official oath or make the official promise before the president of the Assessment Commission.

4. Furthermore, the provisions of §§ 40 and 41 of the Judicial Act concerning the incompatibilities and ancillary activities of the parity representatives of the conciliation authorities apply mutatis mutandis to the remaining members and substitute members.

1. The Estimation Commission is affiliated with the District Court of Lucerne and is organizationally assigned to the group of first-instance courts.

2. The Cantonal Court exercises supervision over the Estimation Commission. It regulates further details concerning its organization in a decree.

1. The Valuation Commission generally deliberates in a panel of three. This includes the President and two members appointed by him or her for the individual case. The President may involve two additional members if the matter to be assessed requires it.

2. For recusals, the provisions of the Administrative Procedure Act apply with the following deviations

a. * The President informs the parties of the composition of the Valuation Commission and indicates that they can raise grounds for recusal with him or her within 10 days.

b. * The President decides on requests for recusal. If there are requests for recusal against him or her, the Vice President decides, or if he or she is unable to do so, the most senior member of the Valuation Commission makes the decision.

3. If both the President and the Vice President are unable to perform their duties, the Cantonal Court appoints a substitute.

4. With the consent of the parties, the President of the Valuation Commission may decide alone. For appeals, §§ 41, 58, and 59 apply.

1. The Estimation Commission decides on

a. the type and amount of compensation (§§ 16 ff.);

b. requests for the extension of expropriation (§§ 12 and 13) and for the separation of components and accessories (§ 11);

c. appropriation and its incidental consequences (§ 14);

d. subsequent compensation claims (§ 55);

e. compensation claims in case of renunciation of expropriation (§ 15);

f. compensation claims from the expropriation ban (§ 33);

g. requests for early possession and the related services (§ 52);

h. *the right of reclamation of the expropriated party and the related requests (§ 75);

i. all other requests referred to the Estimation Commission for decision by this law or by agreement.

1bis. The president of the Estimation Commission decides in all proceedings which can be concluded without a decision on the merits.

2. If the Estimation Commission is assigned further tasks in other laws, the provisions of this law shall apply accordingly, subject to any differing regulations.

3. The Estimation Commission decides on its own jurisdiction. The decision is subject to appeal.

1. Decisions of the Valuation Commission may be appealed to the Cantonal Court by means of an administrative court appeal.

1. Legal documents must be submitted in one copy for the assessment authority and for each opposing party. If multiple opposing parties have designated the same representative, a single copy suffices for them.

1. In the interest of reliably determining the facts of the case, the assessment authorities may suspend the proceedings in whole or in part.

1. If the existence of a right for which compensation is claimed is disputed, the proceedings shall be suspended, and a deadline shall be set for the expropriator to file a lawsuit with the ordinary court, with the warning that if the deadline is not observed, the right will be considered as existing. Upon request by a party, a provisional assessment may take place.

2. The parties may, however, by express declaration, submit the decision regarding the existence of the right to the appraisal authority, provided the authority agrees. Legal remedies under this law are available against the decision in this regard as well.

1. The assessment authorities may set reasonable deadlines for the parties within which they may submit requests for extension or other new demands and present new facts or evidence.

2. The order may be accompanied by the threat that late submissions will not be considered.

1. If there is a request for the extension of the expropriation, the appraisal authorities must determine the compensation to be paid both for partial expropriation and for the expropriation of the entire property.

2. If mortgage or land charge holders as defined in § 20 Paragraph 3 request a double appraisal, the market value must be appraised both with and without consideration of the rights in question.

1. The appraisal authorities are not bound by the applications of the parties. They also appraise affected rights without application, which emerge from the expropriation register or are otherwise evident. The decision may only be based on facts that the interested parties have been able to express themselves on orally or in writing.

2. The decision has the effect of a judicial judgment.

3. The document shall contain

a. the names of the participating judges and parties;

b. the applications of the parties;

c. the facts;

d. the considerations;

e. the legal ruling, specifying numerically the components listed in § 18 and indicating to what extent they are to be paid before the marking and surveying;

f. the legal remedies instruction;

g. the date as well as the signature of the president and the secretary;

h. the delivery date.

1. Agreements concluded after the granting of the expropriation right, but outside the appraisal proceedings concerning compensation, require written form to be valid. They must be communicated to the chairperson of the appraisal commission.

1. Insofar as this law does not regulate the estimation procedure itself, the provisions of the Administrative Procedure Act are applicable in a supplementary manner.

1. The appraisal procedure is initiated by a written application to the President of the Appraisal Commission.

2. Both the expropriator and the expropriated party are entitled to submit this application.

1. The expropriator may, after initiating the appraisal procedure, request the appraisal commission to authorize him or her, after making an inspection and hearing the expropriated party, to take possession or exercise a right even before the compensation is paid, if he or she demonstrates that otherwise significant disadvantages would arise for the expropriator or that the prompt fulfillment of the expropriation purpose appears urgently necessary.

2. The request shall be granted if the assessment of the expropriated party's claims is still possible despite the taking of possession. The appraisal commission must order the necessary measures for this purpose (photographs, sketches, etc.).

3. Upon request of the expropriated party, the expropriator may be required to make advance payments or, if it is a private legal entity, to provide appropriate security in advance or both. The advance payments are to be distributed according to §§ 65-67.

4. The expropriator is obligated to fully compensate for any damage arising from the premature transfer of possession.

5. ...

1. If the conditions for conducting the estimation procedure are met, the President of the Estimation Commission shall, by registered letter, set a deadline of 30 days for those affected by the expropriation to submit

a. Compensation claims for the expropriation or granting of rights, for any reduction in value, and for any other damage resulting from the expropriation;

b. Requests for the extension of the expropriation;

c. Requests for in-kind benefits.

2. The notice must explicitly point out the legal consequences contained in §§ 48 paragraph 1 and 55. It must also indicate where the expropriation application and its annexes can be examined during the notification period.

3. Landlords and lessors must be instructed in the notice, with reference to their liability for damages, to promptly inform their tenants and lessees about the deadline if the expropriation affects rental and lease agreements that are not recorded in the land register (§ 31).

1. The notice must also be made public by the President of the Valuation Commission, provided that the individuals affected by the expropriation cannot be precisely identified.

1. Claims for compensation, as well as requests for the extension of expropriation and for in-kind compensation, may still be filed after the expiry of the submission deadline and after the appraisal procedure has been carried out

a. if a claimant provides evidence that he or she or his or her representative was unable to submit the claims due to unavoidable obstacles;

b. if the existence of a right came to the claimant's knowledge only at a later date, as demonstrated by evidence;

c. if an expropriator, contrary to the expropriation application and supporting documents, claims or diminishes a right;

d. if damage, unforeseeable in its extent at the time of the plan's publication, occurs to the expropriated party only during or after the construction of the works, or as a result of their use.

2. The claims for compensation and further requests are forfeited if they are not filed within three months after the removal of the hindrance (paragraph 1a) or after acquiring knowledge (paragraphs 1b-d). Paragraph 3 remains reserved.

3. Claims for compensation due to excessive interference must be filed at the latest within one year after the affected parties had certain knowledge of the infringement of their rights.

4. Subsequent claims for compensation and further requests may also be filed if an expropriation procedure has not been conducted or has not been conducted against the injured party.

5. Subsequent claims for compensation and further requests must be filed by registered letter with the president of the appraisal commission.

**1. The President of the Appraisal Commission shall summon the parties to the appraisal hearing by registered letter at least 20 days in advance. The parties shall be informed in the summons that the hearing will take place even in their absence.**

**2. Those affected by the expropriation who have not made any submissions, but whose rights are evident from the expropriation register, shall also be summoned.**

**3. Holders of mortgage rights, encumbrances, and usufruct rights are at liberty to appear; however, they must be informed that, if they do not appear, the owner is entitled to conclude an agreement on compensation that is binding on them as well.**

1. The assessment hearing is typically combined with an on-site inspection. The parties are given the opportunity to substantiate their claims during this time.

2. During the hearing, an attempt should be made to reach an amicable settlement. The settlement is to be recorded in a protocol to be signed by the parties involved, which has the effect of a legally binding decision. If the agreed compensation results in a loss for a mortgage, servitude, or usufruct holder, the settlement is only effective against them if they have signed it or did not participate in the assessment hearing. The protocol must provide clarification on this matter.

3. A protocol of the hearing must be maintained.

4. The President may order an exchange of written submissions on all or certain contentious issues, with the expropriated party acting as the plaintiff. The President determines the scope of the exchange of submissions and the deadlines.

1. In the estimation procedure, the following legal remedies are permissible

a. the administrative court complaint;

b. the appeal;

c. the supervisory complaint.

2. The provisions of the Administrative Procedure Act apply to the procedure, unless § 59 and the provisions of this section prescribe otherwise.

1. The administrative court appeal is admissible against final decisions and independently appealable interim decisions of the valuation commission and its president.

2. In addition to the main parties, the administrative court appeal may also be filed by mortgage creditors, holders of land charges, and beneficiaries of usufruct as ancillary parties, provided they have participated in the proceedings.

3. New requests are permissible provided that it can be demonstrated they could not have been made before the valuation commission.

4. If only one party has filed an administrative court appeal, the opposing party may submit written requests to the cantonal court within 10 days of receiving the appeal document, as if it had declared its own continuation of the appeal. The reasoning for this cross-appeal must be included with the response to the main appeal. The cross-appeal lapses if the main appeal is withdrawn or if it is not admitted.

5. The cantonal court also has the authority to exercise discretionary control.

1. Monetary compensations shall be paid within 30 days after the final determination; this deadline also applies to amicable settlements (§§ 49 and 57 para. 2) unless a different agreement is reached. After the expiry of this period, the compensations shall accrue interest at the rate set by the Federal Administrative Court for compensation in expropriations under federal law, provided that the expropriated party does not, with their consent, remain in the enjoyment of the expropriated right beyond this period.

2. Where the exact amount of compensation cannot be determined before the completion of construction works, only the amount specified in the decision of the valuation authority shall initially be paid. The remaining amount shall be paid immediately after demarcation and survey; it shall accrue interest at the rate specified in paragraph 1 until this time and, if the expropriator is a private legal entity, shall be secured upon the request of the expropriated party.

3. In the case of performance in kind, the decision or the agreement shall specify deadlines adapted to the circumstances. In the event of default, the president of the valuation commission shall, upon request by the entitled party, set a reasonable extension for the expropriator under the threat of substitute execution. The president’s decision is final.

1. The compensations for the expropriation of a property, a limited real right, as well as for the depreciation of the remaining part of a property, must be paid to the entitled parties at the land registry office in whose district the property or the larger area of several claimed properties is located. At the same time, the documents that legally establish these compensations must be submitted.

2. The compensation for other disadvantages caused to the expropriated parties, as well as compensation to tenants and leaseholders, must be paid directly to the entitled parties.

1. Upon payment of compensation or provision of in-kind benefits, the expropriator acquires ownership of the expropriated property or the right granted over a property through expropriation.

2. In the absence of other agreements between the parties, any limited real rights and registered personal rights encumbering the expropriated property shall expire, even if they were not registered or assessed by the valuation commission despite the notice given. This is subject to § 55 paragraph 1.

1. No transfer taxes may be levied for the transfer of ownership as a result of expropriation. This also applies to amicable settlements regarding compensation in accordance with §§ 49 and 57 paragraph 2.

1. The expropriator is authorized to register the acquisition of rights with the land registry immediately after the payment of compensation (§ 61) and any necessary surveying.

2. The expropriated party may demand that the right of reversion pursuant to §§ 69 ff. be noted in the land register as a restriction on disposition.

1. The land registry administrator is permitted to disburse the compensation paid for the expropriated property, for limited real rights, as well as for the depreciation of a non-expropriated property to the owner only with the consent of any potential beneficiaries of limited real rights and registered personal rights.

2. For the disbursement of compensation for the expropriated servitudes to the entitled parties, the consent of any potential mortgage and land charge beneficiaries of the dominant property is required.

1. If the parties cannot reach an agreement regarding the disbursement of compensation within a deadline set by the registrar of the land register, the registrar shall distribute the compensation according to the following provisions.

2. The registrar of the land register shall request all holders of mortgages, land charges, and usufruct rights, through a public announcement, to file their claims, including for interest and costs, within 30 days, submitting relevant documentation. The announcement must be accompanied by a warning that those who do not file their claims will be excluded from the distribution to the extent that their rights are not evident from the public records, and that the dues will be deposited until the submission of the documents.

3. Those entitled who are evident from the land register, and who have a known residence or a representative in Switzerland, shall receive copies of the announcement via registered mail.

4. If the parties can be precisely identified, the setting of the deadline may be communicated personally via registered mail.

1. After the expiration of the submission deadline, the land registry administrator drafts a distribution plan considering the entries in the land register and the records of the appraisal process, indicating the rank and amount of claims and their corresponding entitlements.

2. The distribution plan is to be made available for inspection. The land registry administrator notifies the parties involved of the availability and sets a deadline of 30 days within which they may file substantiated objections against the distribution plan.

3. The land registry administrator attempts to resolve any objections received and arranges payments insofar as the distribution plan has become legally binding.

4. For unresolved objections, the land registry administrator sets a deadline for judicial assertion of the claim with the effect that if no legal action is taken, payment will be made according to the distribution plan.

5. If a pledgee or pledger suffers a loss concerning a mortgage certificate or debt certificate, they shall be issued a certificate attesting to this fact. This certificate serves as a judicial acknowledgment of debt.

1. The Land Registry Office shall, after distribution, make the necessary amendments and deletions in the land register as well as the correction or invalidation of the mortgage deeds.

2. If a mortgage deed has not been submitted, the necessary amendments and deletions in the land register shall nevertheless be carried out and communicated to the parties involved by public announcement and, if their names and places of residence are known, also by registered letter, with the notification that the sale or pledge of the deed without regard to the deficiency is punishable.

1. The expropriated party, unless he or she has waived this right by written declaration, can demand the retransfer of the expropriated right upon reimbursement of the compensation determined in the expropriation proceedings or agreed upon by the parties for the right and, where justified by the circumstances, for any depreciation and further disadvantages

a. if the right is not used within 5 years from acquisition by the expropriator either for the purpose for which it was expropriated or for another purpose justifying expropriation;

b. if, in the case of expropriation for the future expansion of a project or other precautionary expropriations, the expropriated right is not utilized within 25 years from the payment of the compensation either for this purpose or another purpose justifying expropriation;

c. if the right, without being put to use for a public purpose, is sold or is intended to be used for a purpose for which the right of expropriation does not exist.

2. The government council may extend the deadlines for important reasons.

1. The right of reversion may be exercised by the former holder of the expropriated right or their heirs, but in the case of partial expropriations or expropriation of only certain rights, only if they remain the owners of the remaining property, the partially expropriated property, or the formerly entitled property.

1. The expropriator must notify the party entitled to reclaim, under penalty of damages, by registered letter if he or she intends to sell the expropriated right or use it for a purpose for which the right of expropriation was not granted.

2. Where the right of reclamation is noted in the land register, the land registry office must inform the entitled party of the sale of the expropriated right.

1. The right of reversion due to non-use of the expropriated right expires one year after the expiration of the periods specified in § 69 paragraphs 1a and b.

2. In the case of § 69 paragraph 1c, the right of reversion expires 30 days after the entitled person has received the notification, or, if no notification has been given, after the sale or other use has become known to him or her, but in any case after a period of 5 years since the sale or other use.

1. The expropriated right must be returned in the condition it is in at the time of reclamation.

2. If changes have been made by the expropriator, and the previous condition can no longer be restored or only restored with disproportionate costs, the reclaiming party is obligated to reasonably compensate for any increase in value; conversely, they are entitled to a deduction for any decrease in value. Improvements made to the property can be removed by the expropriator, provided it is possible without detriment to the right being returned.

1. Whoever demands the retransfer must pay the compensation to the expropriator within three months of the acknowledgment or final legal determination of the obligation to retransfer; otherwise, he or she loses the claim to restitution.

1. If the right of reclamation is disputed or the parties cannot agree on the amount of the consideration, the valuation commission shall decide.

1. Restrictions on property, which occur outside of an expropriation procedure as defined in the fourth section, only give rise to a claim for compensation if they are equivalent in effect to an expropriation.

1. The community responsible for the compensation is the one from which the property restriction originates.

2. The community liable for compensation may require other communities or economically interested third parties to contribute according to their interest and financial capacity; in case of a dispute, the government council shall decide on the requests for contributions.

1. If no amicable agreement can be reached, the appraisal commission shall decide on the existence of an obligation to compensate and on the amount of compensation.

2. Both the individual affected by the property restriction and the public body are entitled to initiate the appraisal procedure.

3. In cases of compensation claims due to the reduction of oversized building zones in accordance with Article 15, paragraph 2 of the Spatial Planning Act, the Canton of Lucerne shall be given the opportunity to participate in the proceedings as a party.

1. Compensation claims must be registered and substantiated with the President of the Assessment Commission by registered letter within 10 years from the entry into force of the property restriction; the public authority may extend this period upon request by the affected property owner.

2. The public authority may, at any time, determine the existence or non-existence of a compensation obligation as well as the amount of the compensation on its own initiative.

1. For the obligation to compensate and the assessment of compensation, the circumstances at the time of the imposition of the property restriction are decisive.

1. If the property owner experiences an expropriation-like restriction on property rights that renders the intended use of the property impossible or disproportionately difficult, he or she may demand that the public authority take over the property.

2. The public authority may demand the transfer of ownership of the property if the compensation for the expropriation-like restriction on property rights constitutes at least four-fifths of the property's value and the affected party cannot assert significant reasons against it.

3. Furthermore, §§ 12 and 13 apply mutatis mutandis.

1. Within 6 months after the decision on compensation has become legally binding, the public authority must decide whether it will pay the compensation or lift the property restriction.

1. Compensation may be reclaimed by the public authority in full or in part within 10 years of payment if the property restriction is subsequently lifted or significantly eased. In the event of a change in ownership, the obligation to refund passes to the new owner, provided it is noted in the land register.

2. When determining the timing and amount of the refund, consideration must be given to the circumstances of the affected party. If equitable reasons justify it, the public authority may defer the claim for repayment until the advantage obtained is realized through sale or development.

3. The public authority is obliged to have the obligation to refund the compensation noted in the land register.

4. Disputes regarding the refund and reduction are decided by the assessment commission.

1. The provisions of the other sections of this Act shall apply mutatis mutandis to the consequences of restrictions on property akin to expropriation.

1. The official notifications provided for in this law shall be carried out by registered mail.

2. If the recipient does not reside in Switzerland and has not appointed a representative there despite being requested to do so, or if the recipient's whereabouts are unknown, the document to be served shall be deposited with the municipality where the object of the expropriation is located, and this shall be publicly announced; the deadlines shall commence upon the announcement.

1. The provisions of the Administrative Procedure Act apply to deadlines and dates.

1. Whoever claims the right of expropriation bears the costs

a. of the expropriation proceedings;

b. of the execution of the expropriation;

c. of the proceedings for the determination of compensation.

2. The person to be expropriated may be charged all or part of the procedural costs if he or she litigates recklessly, particularly if he or she demands disproportionately more than what was offered in the event of an amicable settlement or awarded by the assessment commission.

3. If compensation is claimed due to property restrictions similar to expropriation, the procedural costs are borne

a. in the assessment procedure by the involved public entity, unless the claimant litigates recklessly;

b. in the appeal proceedings before the Cantonal Court by the party who, according to the provisions of the Administrative Procedure Act, is liable for costs.

4. Otherwise, the provisions of the Administrative Procedure Act apply.

1. Upon the enactment of this law, all provisions that are in conflict with it shall be repealed, unless reserved in Paragraph 2. In particular, the following are repealed

a. the Law on Compensation Payments for the Assignment of Land or Structures dated 24th Wintermonth 1830;

b. Sections 78 and 79 of the Road Law dated 15 September 1964;

c. Sections 41-64 of the Building Law for the Residents' Municipality of Lucerne dated 13 December 1966.

2. The following are reserved

a. * Sections 13, 14, and 62 to 76 of the Road Law, except Sections 66 Paragraph 3 and 71 Paragraph 3;

b. * ...

c. * Section 29 of the Pathway Law 47 Inserted by the Pathway Law of 23 October 1990, in effect since 1 January 1991 (G 1991 3);

d. * Section 13 of the Law on Geoinformation and Official Surveying (Geoinformation Law) dated 8 September 2003 48 Inserted by the Geoinformation Law of 8 September 2003, in effect since 1 January 2004 (G 2003 321).

3. The Road Law shall be amended as follows

1. The Executive Council is entrusted with the implementation of this Act. It sets the compensations and other remunerations for the remaining members and substitute members of the assessment commission pursuant to § 38 paragraph 3.

1. The determined maximum price for agricultural land within the scope of the Swiss Civil Code (BGBB) according to § 18 paragraph 1abis is applicable to the proceedings pending before the cantonal appraisal commission as of the time the amendment entered into force on December 4, 2023.

1. The law comes into effect on January 1, 1971. It is to be published by the government council.

2. It applies to all expropriations for which the appraisal procedure has not yet been initiated at the time of its entry into force.