The defendant must bear the costs of relocating its cable line in the Geissbergwald

Facts

The Canton of Schaffhausen as the owner of the property GB Schaffhausen No. 3843 (Geissbergwald) sued the municipality of Schaffhausen (Electricity Works) to establish that the City of Schaffhausen is obliged to bear the costs of relocating its cable line in the Geissbergwald. The defendant requested the dismissal of the main claim and the allocation of costs between the parties. The Federal Court upheld the claim and ruled that the defendant must bear the costs of relocating its cable line.

Considerations

The Federal Court stated that the plaintiff had a legal interest in immediate determination, as the defendant only wanted to carry out the relocation of the line on the condition that the plaintiff initiates the proceedings to decide the issue of costs. This allowed the plaintiff to ensure that the defendant immediately relocates the line and the plaintiff can start the construction work without delay.

Furthermore, the Federal Court found that the agreed right of way could only be established with the approval of the Federal Council under the Federal Act on Federal Supervision of Forest Police, but this approval was not obtained. Therefore, the easement contract of December 3, 1959 is null and void.

Regardless of the…