Key Benefits:
On 13 February 2013 (State 1 Er April 2013)
The Swiss Federal Council,
See art. 63 of the Federal Law of 20 June 1930 on Expropriation (LEx) 1 ,
Stops:
1 This order shall apply to expropriation proceedings under the provisions of the LEx.
2 If the LEx is applicable only in the alternative, this order shall apply to the extent that it is compatible with the law in question and its implementing provisions.
1 Where a district of estimate includes regions of different languages, the President shall direct the proceedings by using, as a general rule, the language of the place where the object is to be expropriated. The minutes and, as a general rule, communications and decisions for the parties shall be drawn up in that language.
2 The parties may use one of the four official languages.
1 The representatives of the parties must justify their powers by written power of attorney.
2 In the event of succession, an official list of all heirs must be filed. When the estate opens during the proceedings pending before the committee, the procedure may be suspended until the succession can no longer be repudiated.
3 The power of attorney of legal persons must come from a body authorized to represent them.
4 The representatives of the parties may not recognize any rights, renounce or deal with them only if the power of attorney expressly authorizes them. The same applies when the decision on the existence of a right at issue is entrusted to the committee.
The provisions of the second chapter of the Federal Act of 20 December 1968 on administrative procedure 1 Are applicable to the proceedings before the Chairman or the Commission, and the provisions of the Federal Act of 4 December 1947 of the Federal Civil Procedure 2 To the trial in recognition of the existence of a right (art. 69, para. 2, LEx).
1 The President shall communicate to the Federal Administrative Tribunal, by sending a signed copy of the decision, the fines imposed by himself or by the Commission.
2 The Federal Administrative Tribunal collects the fines.
3 The amount is remitted to the Federal Administrative Tribunal.
1 The President or the Secretary shall open a file for each case. The Federal Administrative Tribunal shall make available the necessary formulae.
2 The date of entry of a case, the parties and their representatives, the object and place of the expropriation and the settlement of the case shall be indicated on the cover of the case.
3 Must appear in the file, arranged in chronological order:
As soon as a case is settled, the file is forwarded to the Federal Administrative Court for classification according to the rules of the Federal Act of 26 June 1998 on Archiving 1 .
1 Communications shall be notified to the parties in writing. If the party has appointed a representative, the notification shall be made to the representative.
2 Decisions and judgments shall, as a general rule, be notified by Swiss Post in accordance with the mode laid down for the transmission of judicial documents. Otherwise, the notification is against an acknowledgement of receipt.
3 Notifications abroad are made in accordance with international conventions or, in the absence of such conventions, through the Federal Department of Foreign Affairs.
1 Where the address of the consignee is not known, the notification shall be made by publication. The notification that must be made outside Canada may also be effected by publication if it is to be accepted that it would be impossible to do otherwise.
2 Publication shall be by insertion in the official sheets of the cantons in which the object of the expropriation is found and, if the President considers it useful, in other newspapers.
3 The day of publication of the first publication shall be considered as the day of the notification.
1 The Federal Administrative Tribunal may conduct inspections if the requirements of this order are complied with.
2 The Presidents shall submit to the Federal Administrative Tribunal each year a report on their management and that of the committees no later than the end of January of the year following that which is the subject of the report; the accounts shall be attached to the Report, unless they have already been produced.
1 If the President is in a case of recusal or if he is prevented from performing his duties on other grounds, he shall be replaced by an alternate. If the latter cannot exercise the presidency, the other alternate shall replace the President.
2 If the two substitutes are in a case of recusal or are prevented from doing so, the President shall ask the Federal Administrative Court to appoint an extraordinary substitute.
1 The chairman or secretary appointed by him shall keep the minutes of the proceedings.
2 The minutes shall include:
3 Oral statements in the minutes shall be signed by the parties.
4 The minutes shall be signed by the Chairman and the Secretary; a copy shall be communicated to the parties no later than 30 days after the hearing.
Where the LEx does not expressly require written form, requests and complaints may be presented orally to the Chairperson.
Before making a decision, the President shall, as a general rule, invite the expropriating person or the person against whom the decision must be taken to make his observations in writing. If it is necessary to proceed with the administration of evidence, the President may request official reports and hear witnesses.
If, within the prescribed period, the expropriating authority does not comply with a decision of the President, the President shall make the prescribed measures, at the expense of the expropriating authority.
Where the expropriating does not comply with the requirements of Art. 28 LEx, each expropriated person may file a complaint with the President until the conciliation hearing.
1 In the summary procedure, after receipt of the copy of the notices, the President shall ex officio examine whether a picketing is necessary. He orders, if necessary, that it be carried out.
2 Within the period of production, persons affected by the expropriation may denounce to the President the shortcomings of the opinions or plans.
1 The President shall rule on the admissibility of oppositions and applications within the meaning of Art. 39 and 40 LEx, as well as claims for compensation under s. 41 LEx.
2 Its decision may be appealed to the Federal Administrative Court within 30 days of notification.
1 The authority shall transmit to the competent department the opposition formed after the expiry of the time limit and whose admissibility it has accepted.
2 The President shall initiate the conciliation procedure no later than at the time when the late filing of the claim is allowed. It may, if necessary, set a hearing before the decision.
If the work extends over the territory of several districts of estimation, the chairpersons shall agree on the desirability of having one of them open the same conciliation procedure for all persons expropriated; Then the one who will assume this function. In the event of an agreement, they submit a proposal to the Federal Administrative Tribunal.
Within 20 days after the receipt of the documents transmitted to the municipality, the President shall provide a copy of the documents to the expropriating authority, unless the latter immediately waives it.
1 The parties are cited at the conciliation hearing by way of publication in the official sheets and newspapers indicated in s. 109, para. 2 and 3, LEx. Where the address of the expropriated person is known or it is possible to know it by checking with an official service, that person shall be mentioned personally by notification of the text of the official publication or any other Appropriate manner.
2 The conciliation hearing must be held at least ten days after publication.
3 The citation by way of publication is not necessary in the case of summary proceedings (Art. 33 LEx) or procedure according to Art. 4l LEx, as long as potential beneficiaries of mortgage rights, land charges and usufruits are known. Their attention will be drawn to a personal opinion on the requirement of art. 47 LEx.
1 All persons expropriated are cited for the same hour at the conciliation hearing. If the number does not permit, the President shall personally or distribute them in groups on several dates.
2 Any person expropriated has the right to attend the conciliation hearings for each group.
1 If the expropriating authority does not comply with the quotation, the President shall establish a new hearing. If an expropriated person fails to comply with the quotation, the conciliation procedure shall lapse, unless the President considers a second hearing necessary.
2 If the expropriating does not follow the second quotation, the conciliation is deemed to have been unsuccessful; if no further opposition is pending, the estimation procedure is immediately open.
3 If the absence of the expropriating authority does not permit a hearing, the President shall condemn it to the costs incurred by the expropriated persons present who require it.
The President shall order the administration of the necessary evidence, if possible already before the conciliation hearing. It may, if necessary, postpone the hearing until it is better informed.
1 The conciliation hearing deals in the first line with objections to expropriation, requests for amendments to the plan and applications based on ss. 7 to 10 LEx.
2 To the extent that the objections and requests referred to in para. 1 remain at issue, the President shall forward them to the competent department; he shall, where appropriate, attach the opinion which he has prepared.
3 If the conciliation procedure does not result in an amicable settlement of an opposition or an application under Art. 7 to 10 LEx, the Commission continues as far as possible the procedure for claims.
1 In case of consignment in early possession (art. 76 LEx), the President shall, at the request of the expropriated person, fix the security rights to be provided by the expropriating in cash or secure securities.
2 The securities used as security rights are deposited with a bank designated by the President.
3 The Commission decides on progress payments.
4 Art. 77ss LEx applies to the appeal.
1 If the expropriated person requests an advance payment in accordance with s. 19 Bis LEx, the committee is immediately convened by the President. It shall decide on the amount of the advance payment after the hearing of the persons concerned and the administration of any evidence that may be necessary.
2 The decision on the amount of the advance payment must indicate that it cannot be challenged by an appeal to the Federal Administrative Court.
1 In the event of an interim agreement on claims for compensation by certain expropriated persons, they shall have the right to know the agreements concluded between the expropriating and all the persons expropriated and to declare whether they consider it The agreement as final.
2 In the interests of a uniform settlement of allowances, the President may also question an interim agreement, unless the parties are unanimous in their declaration.
1 The Minutes of the Agreement indicate whether the holders of immovable property rights, property rights or usufruits bearing on the expropriated property took part in the proceedings. If so, they must also sign the minutes in the event of their accession to the agreement.
2 They must justify their rights through an extract from the land register or the public registers which take place under the terms of the cantonal law.
1 Where, after the initiation of the expropriation procedure, a party communicates to the President a written agreement on the compensation, the party inquires about the existence of property rights, property or usufruits by being provided with Extracts from the land registry and, if necessary, by notifying the expropriated property.
2 If it is likely that certain holders of these rights will not be able to be disinterested by the compensation for their debt and interest, the agreement has been communicated to them with the notice that it will bind them if they do not request, within the time limit of 30 days, continuation of the estimation procedure.
Once the plans have been completed or amended, the President shall, after hearing the expropriating, decide whether to resubmit the plans and, if so, whether the ordinary or summary procedure is applicable.
1 The chairman of the committee of assessment shall keep a list of all members and alternates of the committee up to date. It shall immediately bring any vacancy to the knowledge of the Federal Administrative Tribunal. The latter provides for replacements.
2 The Federal Administrative Tribunal maintains the full status of all commissions. It is published online and in the Federal Directory.
1 The chairman or one of the members of the commission may assume the duties of secretary and shall receive special compensation from that head.
2 The committee may also appoint an ad hoc secretary who will sign the minutes with the president.
1 The recusal of the chairman, the members or the secretary of the committee shall apply mutatis mutandis to art. 34-38 of the Act of 17 June 2005 on the Federal Court (LTF) 1 Governing the recusal.
2 Unless the grounds for objection are known later, applications for recusal must be submitted in writing:
1 The grounds for objection must be indicated in the request and supported, if possible, by supporting documents.
2 The members of the Commission who are in one of the recusal cases referred to in s. 34 LTF 1 Or who intends to recuse must inform the President immediately after they have received their invitation.
1 Where there is a ground for objection against the President, the President shall be replaced. If an alternate is unable to exercise the presidential function, the latter shall be transferred to the other alternate.
2 If the existence of a ground for objection is contested, the Committee of Estimate shall decide at first instance, where appropriate by way of circulation.
3 The decision of the Commission may be challenged by an appeal to the Federal Administrative Court.
4 Where there is a need to rule on the motion for objection directed against a member of the Commission, the appointing authority shall appeal to another member.
The Chairman or his alternate shall make up the committee for each case of assessment in accordance with Art. 60 LEx, so that members have the necessary special knowledge.
1 The member who is called by the President and prevented from sitting on the grounds of illness or other serious grounds shall notify the President as soon as he receives the invitation, so that another member may be called in time.
2 If one of the members of the committee is not present during the debates, the parties may agree to proceed with the incomplete committee.
1 A party who intends to make a decision by a commission other than that in its district shall ask the chairman of the committee responsible for the place, at the latest at the reception of the invitation.
2 The President shall transmit the request with his observations to the Federal Administrative Tribunal.
3 If the President considers a uniform estimate to be appropriate, he shall contact the chairpersons of the other competent committees for the purpose of making a joint proposal to the Federal Administrative Court.
1 The estimation procedure for fixing the compensation remaining in dispute and determining the issues relating to it may take place immediately after the conciliation procedure. In other cases, the President automatically opens it without delay.
2 The requests of the parties to refer the debates on the estimate after the completion of the work must be submitted as soon as the ground for reference exists.
Related expropriations must be considered if possible at the same time.
1 Claims and claims which cannot be settled during the main estimation procedure (Art. 66, let. B, LEx) shall be submitted to the Commission in writing with an indication of the evidence.
2 The President shall communicate them to the opposing party by setting a time limit of ten to 30 days in order to reply to them and to indicate their means of proof.
3 If the President orders an exchange of entries (Art. 68 LEx), the expropriated person acts as an applicant.
1 In all cases, the parties are able to explain themselves verbally to the estimation commission and, as a general rule, to the site. The parties referred to in s. 67 LEx are quoted for the debates against acknowledgement of receipt.
2 In the ordinary estimation procedure, persons expropriated by the same object of expropriation shall be assigned as much as possible so that all claims for compensation can be dealt with consecutively without interruption Significant.
3 The members of the committee shall be summoned at least ten days in advance.
To the extent necessary, the file shall be circulated to the members of the committee before the debates.
1 The President shall order the administration of the necessary evidence as far as possible before the debates on the estimate.
2 It takes note, in particular, of the prices paid in the region insofar as they are important for the estimation.
3 It requires the production of documents, consults public registers, publications and other official acts (development plans, field requirements, etc.) and requests official reports.
4 A member of the committee may be responsible for these tasks.
As a general rule, expertise is only requested from third parties if no member of the committee has the required knowledge.
1 The parties shall be informed of the outcome of the administration of the evidence orally at a meeting, by the filing of the record or by written communication.
2 The parties have the opportunity to express their views on this matter.
1 The administration of provisional evidence shall be ordered and executed by the President to the extent required by an already open or future procedure.
If a party requests that the integral parts and accessories of the expropriated object be excepted from the expropriation, the commission shall make two estimates.
If the committee decides not to be complete and the other two members of the committee disagree on the estimate, it is up to the chairman to decide within the limits of the proposals made by the members.
1 The communication of decisions to the parties shall take place in the form of a copy of the minutes signed by the President and, where appropriate, by the Secretary.
2 The communication shall be made, as a general rule, within four weeks from the day on which the decision was issued. The minutes shall indicate the date of the communication. The acknowledgements are attached to the original of the minutes.
In the event of an appeal against the decision, the President shall transmit to the Federal Administrative Tribunal, on request, the file and his observations.
1 After the closure of the proceedings, the President shall establish to the party who shall bear the costs of the costs of the conciliation and estimation procedure, the fees and the social contributions.
2 It may also periodically establish interim accounts and require advances to be expropriated in important or time-consuming cases.
3 The parties may request to consult the accounts.
The Federal Tribunal Order of April 24, 1972, concerning Federal Commissions of Estimate 1 Is repealed (al. 1 of the disp. End. Of the mod. From June 17, 2005, of the LEx).
1 [RO 1972 915, 1997 2779 ch. II 39]
This order shall enter into force on 1 Er April 2013.
