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BGE 17 I 102 ΓÇó Federal appeal inadmissible in cantonal expropriation compensation case
BGE 17 I 102Amtliche Sammlung des Bundesgerichts (BGE) / Band I15.12.1890Inadmissible
The Federal Court dealt with a cantonal expropriation compensation dispute concerning the taking of 100.3 m² of garden land for a road connection in Zug. The first instance fixed compensation at CHF 1,200, and the cantonal appellate court increased it to CHF 1,400. The landowner then appealed to the Federal Court. The court held the appeal inadmissible: the amount in dispute was insufficient, and the case was governed exclusively by cantonal law because neither the federal Expropriation Act nor the Code of Obligations applied.
Art. 29 O.G.; admissibility of federal appeal in expropriation compensation matters; the Streitwert is determined by the amount actually contested on appeal, and where the opposing party does not challenge the first-instance judgment the threshold cannot be met by reference to the original claim. Compensation for expropriation for local public works, absent a special federal basis, is governed by cantonal public law; it does not arise from a private-law fact pattern and is therefore not subject to the Code of Obligations. The federal Expropriation Act applies only to works undertaken under federal authority or where the Constitution expressly extends it (consid. 2).