Confirmation of the declaratory decision of the Office for Landscape and Nature on the exemption from the requirement of a permit for gravel extraction rights

Facts

The Federal Supreme Court decided that the declaratory decision of the Office for Landscape and Nature dated August 25, 2008, according to which the registration of easements concerning gravel extraction on certain properties is not subject to the permit requirement under the Federal Act on Rural Land Law (BGBB), should not have been revoked. The lower court, the Administrative Court of the Canton of Zurich, had rightly confirmed the supervisory revocation of this declaratory decision by the Government Council of the Canton of Zurich.

The appellants, the beneficiaries and grantors of the easements, had appealed against the Government Council's decision to the Administrative Court, which dismissed the appeal. They then appealed to the Federal Supreme Court in public law matters.

Considerations

The Federal Supreme Court stated that declaratory decisions under Art. 84 lit. a BGBB, which are equivalent to the granting of a permit, can generally no longer be revoked once the private law transaction has been completed. Such decisions may exceptionally be revoked if particularly weighty public interests are at stake. However, in the present case, no such public interest was discernible that would outweigh the protection of trust of the appellants.

The Federal Supreme Court left open whether the revocation of a declaratory decision within the meaning of…