Facts
The case concerns a dispute over the farmers' pre-emption right under the Federal Act on the Preservation of Peasant Land Ownership (EGG). Walter Niederberger, the owner of the property "Innere Göhren" in the municipality of Oberdorf, sold a partial area of approximately 2,300 m2 to the company Holzbau Kayser AG in 1963. At the same time, the buyer undertook to acquire a further area of 4,600 m2 at the same price within five years. Thereupon, Agnes Christen-Niederberger, the seller's sister, asserted her pre-emption right under the Introductory Act of the Canton of Nidwalden to the EGG.
The lower instances dismissed Ms. Christen's claim, as they were of the opinion that Walter Niederberger's real estate did not constitute an agricultural business within the meaning of the EGG. The Federal Court confirmed this decision, but concluded that the pre-emption right of the EGG can also apply to small-scale agricultural operations, regardless of their profitability.
Considerations
However, the decisive factor for the rejection of the pre-emption right was that the sold parcel no longer had an agricultural character. The Federal Court explained that the pre-emption right of the EGG is generally also applicable to parts of an agricultural business, but not to properties that are no longer used for agricultural purposes according to their actual purpose.
In the present case, the Federal Court found that the sold parcel was separated from the rest of the property by a railway line, had belonged to the industrial zone of the municipality of Oberdorf since 1965, and was acquired by the buyer for the purpose of rounding off and…