Kernrechtsfrage
Whether Kuster's claim was an expropriation compensation claim falling under federal jurisdiction or a tort claim falling under cantonal jurisdiction.
Extrahierter Entscheid
The claim was a claim for unlawful damage, not compensation for temporary expropriation; therefore cantonal courts were competent.
Extrahierte Begründung
No expropriation procedure had been initiated, no rights had been formally taken, and the plaintiff relied on the unlawfulness and avoidability of the flooding. The decisive distinction is whether the claim derives from a public work's planned taking or from wrongful damage.