Question juridique clé
Which publication stage is decisive for the intertemporal application of § 82bis of the Land Improvement Ordinance in two-stage cost-allocation proceedings?
Solution extraite
The first publication, namely the publication of the guidelines and basic elements, is decisive; the second publication only implements those approved elements.
Motifs extraits
For § 82bis, the relevant point is the stage at which the cost allocation plan is already published. In two-stage procedures, the first publication fixes the applicable legal regime because the second stage merely carries out the already approved guidelines and basic elements. It would be inconsistent to let a legal change intervene between the determination of the basic elements and their implementation.