Facts
On March 3, 1995, W. AG applied to the Land Rights Commission of the Canton of Obwalden for approval to exchange its Parcel 1 for Parcel 2, which was owned by Corporation Y. The Land Rights Commission and the Cantonal Government Council of Obwalden rejected the request. W. AG then filed an administrative court appeal with the Federal Supreme Court.
The Federal Supreme Court had to examine whether there was an "important reason" within the meaning of Art. 64 para. 1 BGBB that would justify an exceptional approval for the planned exchange between the two non-farming owners.
Considerations
The Federal Supreme Court concluded that there was an important reason within the meaning of Art. 64 para. 1 BGBB. Although none of the special circumstances listed in Art. 64 para. 1 lit. a-f BGBB applied, the Court considered the planned exchange to be compatible with the agricultural policy objectives of the BGBB.
On the one hand, the exchange resulted in Corporation Y. receiving significantly more agricultural land, which it would likely lease to its members. This facilitated access to agricultural land for self-cultivating farmers, which is in line with the objectives of the BGBB.
On the…