Facts
The project to renovate the Steinegg traffic junction in the canton of Appenzell I.Rh. includes the redesign of the road and rail crossing, the construction of a new pedestrian crossing, and the building of a platform and a waiting room for the Steinegg stop. The cantonal authorities have approved the project under cantonal road legislation and initiated a cantonal expropriation procedure. The owner of the Rössli hotel, located at the crossing, W., has filed a complaint against the granting of expropriation rights and demands that the expropriation be carried out under federal law.
The Cantonal Commission of Appenzell I.Rh. and the Cantonal Court of Appenzell I.Rh. have dismissed the complaint. W. has subsequently filed an administrative court complaint and a constitutional complaint. The Federal Court has not considered the constitutional complaint and has dismissed the administrative court complaint.
Considerations
The Federal Court first examined whether the administrative court complaint is admissible. It found that the complaint is admissible insofar as the non-application of federal expropriation law and, in connection with this, the waiver of a federal planning approval procedure, as well as the violation of the right to be heard, are being complained about.
The court then examined whether the expropriation procedure for the renovation of the Steinegg traffic junction is to be carried out under federal or cantonal law. It found that the answer to this question depends on which law the project approval procedure preceding the expropriation was subject to. The court then examined the provisions of Art. 18 and 18a of the RailA (EBG) as well as the special provision of Art. 24 EBG and found that the project to renovate the Steinegg traffic junction could be approved under…