Questione giuridica chiave
Whether a cantonal mining regale grounded in custom is incompatible with the Swiss Civil Code and the constitutional guarantee of property.
Decisione estratta
A cantonal mining regale may rest on custom as a valid cantonal norm and remains valid against the Civil Code and the property guarantee.
Motivazione estratta
The Court referred to earlier case law holding that the cantons may introduce a mining regale by law; the same applies to cantonal customary law, which can likewise contain valid norms. Therefore a customary cantonal mining regale is not displaced by the Civil Code or by the constitutional protection of property.