711
ENTGLEXLEspr
CH
Art. 2 Bundesgesetz vom 20. Juni 1930 über die Enteignung (EntG)
EntG; Abschnitt I: Das Enteignungsrecht; II. Ausübung; 1. Grundsatz
Art. 2 EntG
Der Bund kann das Enteignungsrecht selbst ausüben oder es an Dritte übertragen.
Gerichtsentscheide zu dieser Bestimmung (23)
A-3820/2022 (Art. 2 al. LEx)
Expropriation Compensation for Railway Tunnel Easements Remanded for Clarification
States that the Confederation can exercise expropriation rights itself or delegate them to third parties.
A-480/2021 (art. 2 LEx)
Property Co-owners' Compensation for Railway Servitudes and Restrictions
This article concerns the exercise of the right of expropriation by the Confederation or third parties.
A-483/2021 (art. 2 LEx)
Annulment for Violation of Right to be Heard and Inquisitorial Principle
This article concerns the exercise of the right of expropriation by the Confederation or third parties.
A-2600/2018 (art. 2 LEx)
Expropriation Compensation for Railway Project Land and Tunnel Servitudes
This article addresses the exercise of expropriation rights by the Confederation or third parties.
A-6912/2017 (Art. 2 LEx)
Easement compensation for public park land in railway expropriation.
Cited for the ability of the Confederation to exercise eminent domain itself or confer it on third parties.
R 2019 18 · gr (Art. 2 EntG)
Challenge to Road Project Approval and Expropriation Dismissed
Cited as the requirement for expropriation, which must be for public works and be necessary and proportionate.
R 2019 19 · gr (Art. 2 EntG)
Property Owners v. Canton: Road Construction Expropriation Upheld
Cited as the condition under which expropriation is permissible, relevant to the expropriation aspect of the appeal.
A1 19 45 · vs (Art. 2 Abs. 1 EntG)
Property Expropriation Valuation Appeal Revaluation for Retaining Wall and Compensation
Cited by the appellant in reasoning regarding the principle of full compensation, but not explicitly in the dispositive.
602 2010 64 · fr (art. 2 al. 1 LEx)
Expropriation Appeal for Lakeside Path Servitude and Compensation for Loss of Privacy
Cited in the reasoning section regarding proportionality and subsidiarity, but not explicitly in the final orders (which focus on costs/reparations).
1C_566/2008 (Art. 2 al. 1 LEx/FR)
Expropriation of private road in industrial zone for public road network: legality under municipal recognition obligation and weighing of public versus private interests.
Ground for confirming that the expropriation was admissible as meeting a public interest requirement.
20.2004.13.3 · ti (art. 2 cpv. 1 Lespr.)
Expropriation Compensation Valuation and Date Determination
Cited regarding the competence to initiate expropriation proceedings, although ultimately it leads to the rejection of the request regarding the road extension.
10.2004.61 · ti (art. 2 cpv. 1 Lespr.)
Owners v. Tribunal: Zoning Revision and Denial of Building Permit Renewal Not Material Expropriation
This article, granting the municipality the right to expropriate, was cited to explain why the court could not impose formal expropriation.
50.2007.5 · ti (art. 2 Lespr)
Municipality Expropriation Upheld Over Landowner's Access Challenge
Cited in the final decree's preamble, related to the general procedural context of expropriation review.
10.2004.87.1 · ti (art. 2 cpv. 1 Lespr.)
Expropriation Compensation for Road Widening and Parking Loss
Cited to confirm that the sacrifice of parking spaces resulted from a public work for which the public entity had the right to expropriate.
10.2005.2.1 · ti (art. 2 Lespr.)
Public Entity Expropriation for Road Formalization Upheld Despite Landowner Challenge to Public Interest
Cited as the procedural basis supporting the right to oppose the expropriation (presumption of public utility for municipal works).