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BGE 4 I 130 ΓÇó Security deposit enforcement in expropriation belongs to the Federal Council
BGE 4 I 130Amtliche Sammlung des Bundesgerichts (BGE) / Band I25.04.1877Dismissed
The Federal Court dealt with complaints against a valuation commission decision in an expropriation matter. Nordostbahn sought an order compelling Nationalbahn to provide further security and threatening forfeiture of the complaint if it did not comply. The Court held that the appeal right is governed independently by the statutory time limit and cannot be conditioned on later security performance. It further held that any question whether an already given security excludes or requires supplementation, and the execution of valuation commission decisions, belongs to the Federal Council. Nordostbahn's request was therefore rejected and referred to the Federal Council.
Art. 35, Art. 46 expropriation statute; security deposit and appeal rights in expropriation proceedings: the right to complain against a valuation commission decision is independent of the duty to furnish security and cannot be made to lapse for non-compliance with the security order. The security serves only to permit immediate commencement of works on the expropriated property. If security has already been given, the legal consequences of that circumstance and any additional security requirement are for the Federal Council to determine under Art. 46 para. 2; execution of valuation commission decisions likewise belongs to it, not to the Federal Court (consid. 1-2).