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701.0 KRPLCATLCPT CH-NE

Art. 39 Cantonal Law on Land Use Planning (CLUP), October 2, 1991 - Compensation

7 Public Works - Energy - Transportation and Communications - 70 Spatial Planning - 701 General Provisions - CHAPTER 2 Cantonal Provisions for Spatial Planning [13] Generalities Contents of the Master Plan Land Consolidation, Boundary Adjustment, Expropriation and Release of Easements [39] Compensation, Contribution and Compensation - Section 5
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Art. 39 Cantonal Law on Land Use Planning (CLUP), October 2, 1991 - Compensation · Compensation

[61] 1 In the event of material expropriation, just compensation is awarded pursuant to the law on expropriation for public utility purposes.

2. The municipality, the canton, and the property owner can agree upon the compensation through an administrative law contract.

3. To qualify for a subsidy from the land development fund, the contract must be approved by the department.

4. Article 84 is also applicable.

← Art. 38 Cantonal Land Use Planning Act (CLUPA), of October 2, 1991 - Disadvantage 7 Public Works - Energy - Transportation and Communications - 70 Land Use Planning - 701 General Provisions - CHAPTER ONE General Provisions Art. 40 Cantonal Law on Spatial Planning (CLSP), of October 2, 1991 - Cantonal Fund →

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Court Decisions Applying This Provision (1)

TA.2002.84 · ne (art.39, 84 ss LCAT)
Property Owners v. Municipality Regarding Zoning Modification and Prior Administrative Decision
Cited in reasoning regarding the possibility for appellants to seek compensation for a material expropriation, although the outcome of the appeal was not based on this provision.