Art. 43 Bundesgesetz vom 20. Juni 1930 über die Enteignung (EntG)

100 2013 170 · be (Art. 43 Abs. 2 EntG)

Owner Appeal Against Partial Expropriation for Bicycle Path Compensation and Scope Denial

Cited to confirm the cost regime set by the ESK decision should be repeated as per the specific statutory regulation.

20.2012.20.1 · ti (art. 43 e 44 Lespr)

Expropriation Compensation for Loss of Authorized Parking Space and Property Devaluation

Cited regarding the effect of the expropriated party's declaration accepting the offered indemnities, which leads to the discontinuance of proceedings on those specific amounts.

20.2010.1.20 · ti (art. 43 e 44 Lespr)

Expropriation Compensation for Road Works and Zoning Constraints

Cited in reasoning 2 to confirm that issues settled by agreement are struck out, as stated in Order 2.

10.2004.97.2 · ti (Art. 43 cpv. 1 Lespr)

Expropriation Cost Apportionment Following Impossible Agreement Term

Cited to qualify the agreement as a contract for expropriation purposes.

10.2004.97.2 · ti (art. 43 cpv. 1 Lespr)

Expropriation Cost Apportionment Following Impossible Agreement Term

Used to classify the written agreement as an agreement for expropriation purposes.

20.2004.43.21 · ti (art. 43 e 44 Lespr.)

Expropriation Tribunal Compensation for Road Tunnel Land

Used to confirm that the agreement reached on temporary occupation and demolition costs has the force of a decision, thus settling those matters.

20.2004.6.1 · ti (art. 43 Lespr.)

Expropriation Indemnity Valuation for Garden Land Adjacent to Roundabout

Cited in the reasoning for deeming settled issues as expropriation agreements, which resulted in order 3.

20.2004.10.2 · ti (art. 43 Lespr.)

Expropriation for Road Widening Indemnity Valuation

Used to qualify the agreement concerning temporary occupation and indemnity as an expropriation agreement with the force of a decision.

20.2006.55.8 · ti (art. 43 Lespr.)

Expropriation Indemnity Dispute Regarding Partial Taking and Land Utility

Cited in order 2, although not explicitly in the final orders, it defines the agreement that relieved the Tribunal from deciding on temporary occupation and part of the indemnity (implicit basis for the payment in order 1).

20.2004.29.1 · ti (Art. 43 Lespr.)

Expropriation Compensation Dispute for Industrial Zone Land

Mentioned in the reasoning section as the legal basis for considering agreements on temporary occupation and early possession as expropriation agreements, thereby removing them from the Tribunal's decision-making scope.

20.2004.29.2 · ti (art. 43 Lespr.)

Expropriation Compensation Valuation for Partial Land Taking

Cited in the reasoning (point 2) as the basis for defining the partial agreements as expropriation agreements, leading the court to rule only on the remaining indemnity.

20.2006.20.1 · ti (art. 43 e 44 Lespr.)

Expropriation Compensation for Retaining Wall Demolition

These articles are mentioned in the reasoning section (Point 2) to define the prior agreement as an expropriation agreement with the force of a decision, which discharges the Tribunal from ruling on those resolved matters, although they are not explicitly reiterated in the final orders.

20.2005.28.1 · ti (art. 43 Lespr.)

Expropriation Compensation Dispute for Urban Road Construction

Cited in the reasoning concerning the closure of expropriation proceedings based on transactions.

20.2006.2.1 · ti (art. 43 e 44 Lespr.)

Expropriation Compensation for Buildable Land Value

Used to confirm that the resolved part of the claim is struck out due to an expropriation agreement.

20.2004.32.1 · ti (art. 43 e 44 Lespr.)

Landowner Compensation for Road Widening Expropriation

Cited implicitly in point 3 of the dispositive to confirm the striking out of issues resolved by agreement.