Act on Compulsory Purchase (Enteignungsgesetz)

1. Compulsory expropriations are permissible only when required by the public welfare, and in such cases, full compensation is to be provided.

2. The expropriations may pertain to movable and immovable property or rights therein, and they are either permanent or temporary.

3. In all cases of compulsory expropriation, private property should be spared as much as possible without endangering the intended purpose.

1. The state and municipalities may carry out compulsory expropriations at any time if required by the public welfare, particularly if one of the following purposes is present

1. Construction of new or correction of existing roads;

2. Correction of rivers and streams;

3. Construction of new or expansion of already existing state or municipal buildings serving public purposes;

4. Acquisition of gravel pits necessary for road maintenance and creation of necessary access roads to the same;

5. Construction of new or relocation of already existing wells, water, gas, and electrical lines;

6. Establishment of new or expansion of existing cemeteries;

7. Measures of a sanitary and safety-police nature;

8. Acquisition of spring water that is necessary for public purposes or for the essential needs of a larger number of dwellings or properties.

1. When corporations, companies, or individuals wish to undertake a project in the public interest, the request for expropriation must be resolved by the Cantonal Council.

2. For compulsory expropriations in favor of railway companies and telegraph and telephone lines, the provisions of the relevant federal law apply.

1. No one is obliged to relinquish more of their property than is necessary for the construction and functional usage of the intended work.

1. The obligor of the transfer may demand the acquisition of the entire property

1. if through the transfer of part of a building, the remaining part would be significantly disfigured or its use would be substantially restricted;

2. if complexes of buildings and properties which are economically interconnected could no longer be used or exploited in the same way, or only with great difficulty, due to a partial transfer;

3. if, in the case of a property, only such a small part remains with the obligor of the transfer that its usability would be significantly reduced.

1. If the person obligated to assign demands the total takeover, he must do so before the appraisal process has begun. However, he is free to withdraw from this demand within 14 days from the date of notification of the decision by the appraisal commission if the price for the total takeover does not suffice for him.

2. Furthermore, the provisions of Articles 20 et seq. shall also apply here.

1. Property or rights thereto that have been transferred can be reclaimed from the former owner or their legal successors against the reimbursement of the compensation received, if

1. the public work, for which the transfer took place, has not been commenced within two years from the day of transfer without sufficient reasons; however, the right of reclamation must be asserted within 30 days;

2. the transferred property or right is not used for the specified purpose.

2. The right of reclamation is excluded if the former owner has exercised the right of expansion (Articles 5 and 6).

1. If changes have occurred to the transferred property in the meantime that increase or decrease its value for the former owner, the reclaim is permissible in the former case only against reimbursement of the expenses incurred thereon, and in the latter case, the resulting decrease in value must be accounted for.

1. If a transferred property or right is to be sold by the new owner for a lower amount than was paid for the transfer, the previous owner is entitled to demand the restitution by paying the amount for which the sale was intended.

1. Disputes concerning the application of Articles 7-9 are to be decided by the courts.

1. If the transfer or limitation of the right of ownership is merely temporary, it must not exceed a duration of three years against the will of the owner and must also be fully compensated.

1. The compensation must be full restitution for all economic disadvantages that accrue to the assignor without their fault as a result of the assignment.

1. For the determination of compensation, the full market value shall serve as the basis.

2. Any actions or alterations made to the subject of expropriation solely for the purpose of obtaining higher compensation, which can be proven, do not require compensation.

1. The time for calculating the compensation shall be deemed to be the public announcement of the expropriation plan (Art. 16-17), and the time for payment shall be the date when the decision on the amount of compensation becomes legally binding (Art. 23).

1. Right to Full Compensation: An owner who is not required to cede their property, but whose real estate experiences a decrease in value or can no longer be used in the previous manner due to embankments, excavations, or other damages, is also entitled to full compensation. All financial disadvantages suffered by the injured party must likewise be compensated. [6]

1. If the state or a municipality intends to carry out compulsory expropriations (Art. 2), the government council or the municipal council must publicly announce detailed plans, which explicitly indicate the scope of the project, notify the property owners, and make them available for inspection for 30 days.

2. If any of these property owners contests the public interest of the project planned by the municipality, they must appeal to the government council within the mentioned period.

3. If the designated period expires without any actions, the transfer becomes a legal obligation.

1. If it concerns an assignment in the sense of Art. 3 of this law, the entrepreneur must submit detailed plans of the work specifying the items to be assigned to the government council, which will make the project public and grant a period for objections to the general public as well as specifically to the owners, of at least 30 days.

2. Based on the opinion of the government council, the cantonal council then decides on the assignment request.

1. Any person must allow the staking out and surveying necessary for the preparation of the plans required in Articles 16 and 17, against full compensation for any resulting damage. However, the work may not commence until the respective owner has been notified and security for the payment of the compensation has been provided.

1. If the urgency of a work is demonstrated, and there are no disputes other than the determination of the compensation amount, and this determination itself is in no way complicated, the government council may permit the commencement of the work against adequate security.

2. In this case, the contractor's right of withdrawal is excluded.

1. If an amicable settlement regarding the compensation to be paid cannot be reached, the Government Council shall, upon request of an interested party, appoint an appraisal commission.

1. The Assessment Commission shall be composed of three members; it has the right to consult experts if necessary.

1. The valuation commission shall obtain from both parties the necessary information regarding the value of the properties in question and the associated rights.

2. Their decision must be communicated to the parties involved in writing, with a detailed explanation.

1. An appeal against the decision of the appraisal commission may be lodged with the higher court within thirty days from the delivery of the decision.

2. The judge must determine the compensation for both the entire property and the portion subject to compulsory transfer if the obligor has requested a complete takeover (Articles 5 and 6).

3. During the appeal period, the entrepreneur may withdraw from the request for transfer.

4. If neither action is taken within the designated period, the decision of the appraisal commission becomes legally binding for both parties.

1. The costs of the appraisal procedure shall be borne by the party requesting the assignment. If the determination of the compensation amount comes before the judge, the judge shall also decide on the allocation of costs.

2. In the event of withdrawal (Art. 23), the contractor must compensate for all damages caused to the owner. If an amicable settlement is not reached, the judge shall decide.

1. The compensation amount must in every case be transmitted to the municipal council of the municipality in whose territory the transferred property is located.

2. ...

1. The government council shall issue the necessary implementing provisions.

1. This law shall enter into force on the day of its adoption by the Landsgemeinde.