Kernrechtsfrage
Whether the 1892 sale established valid pre-1961 real rights over the submerged strip of the parcel under Geneva public-domain law.
Extrahierter Entscheid
No. The sale of municipally owned land as a private-law transaction did not by itself prove that the canton had granted a protected real right over submerged public-domain land.
Extrahierte Begründung
A pre-existing protected right under Art. 4 al. 2 LDP/GE requires that the public authority actually granted such a right on the submerged land. The record showed only a sale of land from the commune's assets, with no indication that the commune exercised sovereign rights over the waters or that the cantonal approval fixed the public/private boundary.