Art. 9 Legge federale del 20 giugno 1930 sull'espropriazione (LEspr)

VD.2021.219 · bs (Art. 9 Abs. 2 EntG)

Expropriation Compensation Claim Not Barred by Building Act Limitation Period

The provision specifying the 10-year prescription period for compensation claims, which the court found incorrectly applied by the lower authority, is implicitly used as the substantive law basis for determining the final outcome, even though the analysis focused on whether the special BPG rules applied instead.

VD.2021.219 · bs (§ 9 Abs. 1 EntG)

Expropriation Compensation Claim Not Barred by Building Act Limitation Period

Cited as the general rule granting the right to full compensation in cases equivalent to expropriation.

VD.2021.219 · bs (§ 9 Abs. 2 EntG)

Expropriation Compensation Claim Not Barred by Building Act Limitation Period

This provision establishing the 10-year general prescription period is cited and analyzed as the default rule against which the special BPG rules were assessed.

50.2016.3 · ti (art. 9 Lespr)

Expropriation Indemnity for Land with Potential Building Value

Cited in the reasoning as the basis for full indemnity in expropriation, which is relevant to the modification of the indemnity amount in Order 1.

2018.02.08.entger.1 · bl (§ 9 Abs. 2 EntG)

Expropriation Upheld Despite Procedural Defects; Compensation Awarded

This provision requires the expropriating party to create suitable facilities to protect public and neighboring properties from dangers and disadvantages, which was considered when dismissing the expropriated party's claims for additional drainage and fence construction.

20.2012.13.1 · ti (art. 9 Lespr)

Expropriation Compensation Dispute for Road Widening

Cited in the reasoning for the right to full compensation for formal expropriation.

20.2012.19.5 · ti (art. 9 Lespr)

Expropriation Compensation and Devaluation Claim for Road Widening

Cited in the reasoning to establish the requirement for full indemnity for formal expropriation, forming the basis for the calculation in order 1.

10.2013.1.1 · ti (art. 9 Lespr)

Municipality Expropriation for Rockfall Protection Net and Right of Way Compensation

Cited in the reasoning regarding the principle of full compensation in formal expropriation.

10.2013.1.1 · ti (art. 9 Lespr)

Municipality Expropriation for Rockfall Protection Net and Right of Way Compensation

Used to establish that formal expropriation is subject to the payment of full compensation.

20.2010.1.20 · ti (art. 9 Lespr)

Expropriation Compensation for Road Works and Zoning Constraints

Cited in reasoning 4.4.1 as the general rule for formal expropriation compensation, underpinning the orders regarding indemnity.

10.2011.1.1 · ti (art. 9 Lespr)

Expropriation Tribunal Ruling on Material Expropriation and Indemnity Calculation for Triangular Land Parcel

Cited in the reasoning leading up to order 2.1, which sets the indemnity for expropriation, suggesting it underpins the calculation of full indemnity.

20.2011.12.3 · ti (art. 9 Lespr)

Expropriation Indemnity for Partial Taking and Infrastructure Replacement

Cited in the reasoning regarding the requirement of a full indemnity, which justifies the final amounts set in order 1.

20.2008.14.1 · ti (art. 9 Lespr)

Expropriation Valuation of Non-Buildable Land Used for Aggregate Processing

This provision concerning the full indemnity principle was used to structure the calculation of the main expropriation indemnity in order 1.

50.2008.5 · ti (art. 9 Lespr)

Municipality Expropriation for Road Widening: Valuation Dispute Over Comparable Sales Data Exclusion

Mentioned in the reasoning section by the appellant but not cited in the final dispositive orders (orders 1, 2, 3).

20.2009.11.1 · ti (art. 9 Lespr)

Expropriation for Road Correction: Indemnity Valuation and Damages Assessment

Basis for the requirement of full indemnity for formal expropriation.