Questão jurídica principal
Which limitation period applies to a compensation claim for material expropriation under Obwalden public law when no specific rule exists?
Decisão extraída
In the absence of a special cantonal rule, the limitation period is determined by analogy to civil-law claims; for compensation for material expropriation, the applicable period is ten years.
Fundamentação extraída
Obwalden's positive public law contains no limitation provision. According to Federal Supreme Court practice, public-law claims without a special rule are governed by analogy to the civil-law limitation system. A compensation claim arising from material expropriation is analogous to Art. 127 OR, so the ten-year period applies; the one-year period of Art. 60 OR does not, because the claim is not based on tort but on the compensation consequence of a lawful expropriation-like restriction.