711
ENTGLEXLEspr
CH
Art. 92 Bundesgesetz vom 20. Juni 1930 über die Enteignung (EntG)
EntG; Abschnitt VIII: Vollzug; III. Steuern und Gebühren
Art. 92 EntG
Für den Eigentumsübergang infolge Enteignung dürfen keine Handänderungssteuern, sondern nur Kanzleigebühren erhoben werden; sie sind vom Enteigner zu tragen.
Gerichtsentscheide zu dieser Bestimmung (15)
2022.12.08.entger.1 · bl (§ 92 Abs. 1 lit. b EntG)
Property Owner's Appeal on Water and Sewage Connection Fees Partially Granted Due to Disproportionate Water Fee
Cited in reasoning (E. 2.7) to note the inadmissibility of advancing connection fees before the connection is made, although this was not the basis for the final orders concerning the fee amounts.
2022.05.12.entger.1 · bl (§ 92 Abs. 1 lit. b EntG)
Municipality Cannot Charge Connection Fees Before Actual Water/Wastewater Hookup
Cited as the legal basis for prohibiting the premature collection of connection fees before the actual connection to the infrastructure.
650.21.10 · bl (§ 92 Abs. 1 lit. b EntG)
Municipality Barred from Collecting Pre-Connection Fees
Cited as the legal basis for the court's decision that connection fees are not due before the actual connection to the infrastructure.
2006.06.06 · bl (§ 92 Abs. 1 EntG)
Municipality's Benefit Contribution Invalid for Noise Barriers and Railway Crossings, Road Contribution Rate Bound by Street Classification
Used to establish the general rule that advantage contributions cannot be claimed before the enterprise is completed, but noted this provision is dispositive.
650.05.105 · bl (§ 92 Abs. 1 EntG)
Municipality's Road and Noise Barrier Contributions Lawsuit
The provision is cited to establish the general rule that advantageous contributions cannot be claimed before the company is completed.
2005.05.04 · bl (§ 92 Abs. 3 EntG)
Municipality's Contribution Claim Not Forfeited Despite Unlawful Deferral
This provision previously allowed for the deferral of contributions for agricultural properties, but was repealed and is therefore no longer applicable.
650.2003.140 · bl (§ 92 Abs. 3 EntG)
Municipality's Land Development Contribution Assessment and Forfeiture Period
This provision, which was repealed, had allowed for the privileged treatment of agricultural land in relation to development contributions, and its repeal is key to the court's reasoning regarding the illegality of further stunting.
2005.05.01 · bl (§ 92 Abs. 1 EntG)
Road Construction Cost Overruns Capped at 20% of Provisional Assessment
Cited to establish that a betterment contribution can only be demanded after the construction work is completed.
650.2003.55 · bl (§ 92 Abs. 1 EntG)
Municipality's Cost Overruns and Property Owner Contributions
States that benefit contributions can only be claimed after the construction is completed.
2004.04.04 · bl (§ 92 Abs. 3 EntG)
Municipality's Road Assessment Fee Claim Time-Barred
Cited as the basis for the original deferral of betterment contributions for agricultural land within the building zone, and its subsequent repeal is central to the court's decision.
650.2003.127 · bl (§ 92 Abs. 3 EntG)
Municipality barred from collecting deferred road contributions due to statute of limitations.
This provision was the legal basis for the deferral of betterment contributions for agricultural land within the building zone, which was ultimately repealed.
AC.2002.0192 · vd (art. 92 LEx)
Taxpayers' Challenge to Waste Incinerator Expropriation Inadmissible
This provision regarding anticipated possession was cited in order to reject the appeal regarding this point, although the appeal was already deemed inadmissible on other grounds.
16.2003 · bl (§ 92 EntG)
Special Assessment for Road Improvements Upheld Despite Apartment Count Challenge
Cited as the legal basis for the enforceability of benefit contributions only after the completion of the undertaking.
2003.03.04 · bl (§ 92 EntG)
Property Owner's Road Improvement Contribution Challenge Fails
Specifies that benefit contributions can only be demanded after the completion of the public work.
2002.02.03 · bl (§ 92 Abs. 1 EntG)
Development Charges on Undeveloped Land with Existing Utility Connections
Cited to establish that betterment contributions cannot be claimed before the project is completed.