Implementing Ordinance on the Act on Expropriation (Cantonal Expropriation Ordinance, kEntV) - Interest Rate

1. Where the law prescribes interest at the usual rate, the interest rate applicable at the time of maturity for new first-rank mortgage loans by the Nidwalden Cantonal Bank shall be applied.

1. The expropriation prohibition is to be noted in the land register upon the request of the expropriator.

2. The expropriator must specify when the publication of the plan was announced in the official gazette; if the publication of the plan was omitted, he must attach the approval of the President of the Expropriation Commission for the expedited procedure.

3. If the parties obligated to transfer were not made aware of the expropriation prohibition, a copy of the application must be delivered to them.

4. If the registration becomes irrelevant, the expropriator must initiate the deletion; if he neglects this, the competent directorate shall initiate the deletion.

1. For each affected property owner, the competent directorate, and the expropriator who submits the request, a copy of the decision or application must be attached to the land registry office.

2. The land registry office does not charge any fees.

1. The expropriator shall transfer to the land registry office, along with the necessary documentation, all expropriation compensations that have been conclusively determined in the appraisal procedure, unless he is obligated to pay them directly to the entitled parties.

2. Compensations agreed upon in settlements outside the appraisal procedure may be paid directly by the expropriator in compliance with the distribution regulations; however, he is also entitled to transfer these compensations to the land registry office for distribution.

1. The expropriator submits the decision or settlement to the land registry office.

2. Upon receipt of payment, the land registry office provisionally records the acquisition of rights in the land register.

1. If the submitted documents do not clearly indicate how the compensation is to be distributed, the Land Registry Office shall notify the expropriated landowner and all holders of limited real rights and registered personal rights of the payment by registered letter; it shall inform them how the compensation will be distributed, unless they raise an objection within 20 days.

1. If an objection is raised, the land registry office shall notify the entitled parties against whom it is directed and set a deadline for their counter-comments.

2. If the objection is not acknowledged by all parties involved, the registrar may schedule a negotiation for settlement or attempt to reach an understanding through other means.

1. The rules of the Swiss Code of Civil Procedure (CPC) apply to the contestation proceedings.

2. Requests for an extension of the contestation period must be addressed to the President of the Cantonal Court.

3. For the representation of the defendants in the contestation process, the President of the Cantonal Court grants the land registry office an appropriate compensation, which is charged to the party liable for payment according to the cost decision.

1. Upon the conclusion of the distribution procedure, the land registry officer shall initiate the necessary amendments to the land register and mortgage deeds due to the expropriation.

1. The fees provided for in this regulation shall be paid by the expropriator, subject to any other arrangement.

1. The competent authority levies the following fees

1. for the authorization to enter foreign property (Art. 21 of the Act): CHF 50.-

2. for the decision on necessary measures (Art. 23 of the Act): CHF 50.-

3. for the examination of expropriation requests

a) for each surrender obliged party (Art. 22 para. 2 no. 3 of the Act): CHF 10.-, but at least CHF 100.-

b) for the objection and re-examination of a document: CHF 40.-

4. for the plan presentation (Art. 24 of the Act): for each surrender obliged party: CHF 20.-, but at least CHF 200.- and at most CHF 2,000.-

5. for public notices (Art. 24 of the Act): 50 percent more than the publication costs

6. for personal notices (Art. 21, 24, and 27 of the Act): for each notice CHF 5.-, but at least CHF 40.-

1. For decisions regarding objections (Art. 30 of the Act), the Executive Council shall levy fees ranging from CHF 50.- to CHF 1,000.-, and in special cases, up to CHF 2,000.-.

1. The Expropriation Commission and its President shall charge fees for their services which are fifty percent higher than the total compensation payable to commission members and the secretary.

2. Time expenditure is the distribution key when session costs need to be divided among several cases.

3. Disbursements (such as witness fees and costs for expert opinions, etc.) are to be accounted for separately; all other costs of the Expropriation Commission and the court registry are covered by the fee.

1. For the fees of the administrative court, the legislation concerning administrative jurisdiction shall apply.

1. The Land Registry Office levies the following fees

1. For the examination and disbursement of compensations (Art. 36 para. 2 and Art. 47 of the Act): per instruction ½ per mille, but at least CHF 50.- and at most CHF 1,000.-

2. For notifying the parties involved (§ 6 and § 7): for each letter CHF 5.-, but at least CHF 40.-

3. For its mediation activities in the event of disagreement among the entitled claimants (Art. 46 of the Act and § 7): depending on the time expenditure, CHF 50.- to CHF 500.-

4. For drafting and issuing the distribution plan (Art. 45 of the Act): for each claim CHF 20.-

5. For the preparation and delivery of extracts from the distribution plan (Art. 45 para. 2 of the Act): depending on the extract, CHF 5.-

6. For the notarization of losses of mortgage creditors (Art. 47 para. 3 of the Act): per document CHF 20.-

7. For the rectification of land registry entries and titles (Art. 48 of the Act): for each land registry entry to be amended and each document to be amended, CHF 20.-

8. For admonishing the holder of outstanding mortgage certificates (Art. 48 para. 2 of the Act): CHF 20.-

2. Additionally, the expropriator is required to reimburse the expenses incurred by the Land Registry Office.

3. The costs for the amortization of lost mortgage certificates are to be borne by the mortgage creditor.

1. The Ordinance of December 7, 1968, on Land Registry Fees is amended in § 2 with the following paragraph 3: ...

1. This ordinance is subject to an optional referendum.

2. It shall come into force on January 1, 1976, in accordance with Article 46 of the Organizational Law.