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211.1 ZGB CH-SO

Section 236 Act on the Introduction of the Swiss Civil Code Act on the Introduction of the Swiss Civil Code - VII. Re-transfer

Part Four: Property Law - First Division: Ownership - Title Eighteen: General Provisions
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Section 236 Act on the Introduction of the Swiss Civil Code — VII. Re-transfer

1. The expropriated party or their heirs are entitled to demand the retransfer of the expropriated rights from the expropriator against reimbursement of the compensation received

a) if these rights are not used for the purpose for which the expropriation was approved within 10 years of acquiring ownership; upon request, an extension of this period, up to a maximum of 10 years, may be granted in justified cases, particularly if the relevant facility is included in a legally binding development plan;

b) if they are to be used for a purpose after the expiration of the 10 or 20 years for which expropriation rights would not be granted.

2. The right to retransfer is extinguished in all cases 30 years after the expropriation was granted.

3. Upon retransfer, the expropriated party must take into account the value-enhancing expenditures of the expropriator. Any decrease in value caused by the expropriator's actions on the property must be compensated by the latter.

4. The claim for retransfer of ownership becomes time-barred one year after the expiration of the deadline, in the case of paragraph 1, letter b, one year after the expropriated party becomes aware of the planned misuse.

5. The authority that approved the expropriation decides on the retransfer and extension of the deadline[78].

← § 235 Act on the Introduction of the Swiss Civil Code A. Judicial Procedure § 237 Law on the Introduction of the Swiss Civil Code →

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