Ordinance on Expropriation Proceedings - Submission of the Application

1. Anyone seeking expropriation must present their intention to the Government Council by submitting an application accompanied by an overview plan and a general report.

2. The Department of Justice may arrange for the completion or supplementation of the documents.

1. The expropriation application is communicated to the owners of the properties to be expropriated, with a reasonable period for submitting a written statement.

1. Upon the submission of the application, the government council may impose an expropriation ban. This order shall be communicated to the individuals subject to expropriation via registered mail or through an announcement in the official publication organ and shall be delivered to the land registry office for registration in the land register.

2. From the time the ban order is issued, no actual or legal changes may be made to the objects of expropriation that would impede the process of expropriation.

3. The expropriator is fully liable for any damage arising from the expropriation ban.

1. The Department of Justice typically invites both the expropriator and the party subject to expropriation to a conciliation hearing at the location of the property in question.

1. If no agreement can be reached in this conciliation process, the files, along with a report and request, shall be submitted to the governing council. The competent authority shall decide on the right of expropriation.

1. The procedure for determining the compensation shall generally be initiated by a settlement negotiation before the President and the Actuary of the Cantonal Valuation Commission.

2. ...

3. The expropriator may be required by the President to mark out the object of expropriation.

1. The Cantonal Valuation Commission or its President shall decide on the existence and scope of the rights underlying the compensation claims and on all disputes arising between the expropriator and the expropriated during the course of the proceedings.

2. The deciding authority is not bound by the applications of the parties.

1. An appeal against the decisions of the Cantonal Assessment Commission or its President acting as a sole judge can be filed with the High Court within 10 days from the issuance.

1. The compensation shall be due for immediate payment to the competent land registry officer upon the finality of the decision. It shall bear interest at 5% after the expiration of 30 days. Immediately upon receipt, it shall in principle be disbursed to the expropriated party by the land registry officer. Where the object of expropriation is encumbered with liens, the creditors, unless they expressly waive payment, shall be satisfied according to their priority or, if of equal rank, according to the size of their claim.

1. Upon disbursement, the land register administrator shall make the necessary entries in the land register. The expropriator shall be responsible for ensuring the registration.

1. The costs of the conciliation and appraisal proceedings shall be borne by the expropriator.

2. The costs of the proceedings before the higher court shall be imposed in accordance with the provisions of the Code of Civil Procedure.

1. The expropriator shall pay the expropriated party compensation at the discretion of the valuation authorities.

1. All fees and expenses (such as for the approval of expropriation, safekeeping and disbursement of compensation, land registry entries) shall be borne by the expropriator.

1. Furthermore, the regulations of the High Court pursuant to § 239 paragraph 2 of the Introductory Act to the Civil Code of April 4, 1954, shall apply.

1. This regulation shall enter into force with the Introductory Act to the Civil Code.