Facts
Fritz Singeisen, a merchant in Liestal, is the owner of two parcels of land in Gelterkinden, which are located outside the building zone but within the perimeter of the general sewerage project of the municipality. He had acquired these parcels in 1960 and 1961 and subsequently granted a right of purchase to Dr. Walter Marti, a physician. On July 5, 1965, Singeisen and Marti applied to the Directorate of Agriculture of the Canton of Basel-Landschaft for permission to sell the parcels before the expiry of the ten-year restriction period under Art. 218 of the Swiss Code of Obligations (OR). The Directorate of Agriculture and the cantonal Appeals Commission rejected the application.
Considerations
The Federal Supreme Court confirms the rejection of the application. It first establishes that the Appeals Commission had validly decided with only 4 instead of 5 members, as the appellants had waived the participation of one member. Furthermore, the Court holds that the contract granting a right of purchase is to be qualified as a sale within the meaning of Art. 218 OR.
Regarding the question of whether the parcels constitute building land within the meaning of Art. 218 para. 2 OR, the Federal Supreme Court states that the decisive factor is whether the parcels can be immediately built upon according to the objective circumstances. At the request of the parties, the competent cantonal authority must issue a…