Expropriation Law

In the context of expropriation, private property is taken by the state in return for compensation. In this case, the expropriation must serve a higher purpose, for example in the context of military or transport-related state tasks. Expropriation is only possible in exceptional cases, as property is one of the fundamental rights in market-based democracies.

The Swiss Expropriation Act of 1930 was revised in 2020. The purpose of the amendments made is to adapt the procedural provisions of the Expropriation Act to the legal circumstances that have changed since it came into force. Among other things, the provisions on the structure of the Federal Valuation Commission were simplified. Compensation for the expropriation of cultivated land was also increased threefold.

Today, most expropriations take place in connection with projects. Therefore, they require a coordinated plan approval procedure under federal law. As a consequence, the expropriation procedure provided for in the Expropriation Act is rarely used. The revision takes this development into account.

In every expropriation, the Constitution guarantees an assessment of compensation claims within a reasonable period. This assessment is carried out by the 13 decentralized Federal Valuation Commissions. If individual appraisal commissions are overloaded due to major projects, this system can reach its limits. The revision now ensures that such situations can be remedied quickly by allowing the commission members to be employed on a full-time basis.

Proceedings in connection with expropriation law can be emotional, because it is not uncommon for owners to find it difficult to part with their possessions. Therefore, expropriation requires the expertise of an experienced lawyer, both on the part of those affected and on the part of the state, who can competently assess the situation and weigh up the options that arise.

Our lawyers advise and represent both private and public institutions in all expropriation law matters. In particular, we support you in the planning and implementation of expropriation programs in connection with public construction projects. We advise and represent private individuals, for example, with regard to imminent expropriations. In doing so, we always proceed with the utmost care and take into account your individual claims and interests. We are well prepared to enforce them with all available means, also before all Swiss courts and authorities.