Transfer of Ownership of Public Pathway Parcels within the Framework of a Development Agreement

Facts

- On 5 December 1973, the Kaiseraugst Municipal Council granted the Kaiseraugst Nuclear Power Plant Study Consortium (now Kaiseraugst Nuclear Power Plant AG) the construction permit for a nuclear power plant. The construction permit contained provisions for the development of the construction site, whereby the municipality had to construct new municipal roads to be paid for by the project owner. The project owner had to transfer the corresponding land areas to the municipality free of charge. - On 17 January 1975, the Kaiseraugst Municipal Assembly approved the road construction projects and the required credit of 3 million francs. The roads were constructed and paid for by Kaiseraugst Nuclear Power Plant AG. - Kaiseraugst Nuclear Power Plant AG endeavored to complete the land transfers in accordance with the construction permit, but the Municipal Assembly refused consent on 27 January 1982. - On 27 October 1982, Kaiseraugst Nuclear Power Plant AG filed a lawsuit against the Kaiseraugst Municipality for the transfer of ownership of the two pathway parcels.

Considerations

1. The Federal Court finds that the disputed transfer of ownership is a civil law dispute subject to appeal. Public properties such as roads and paths are under cantonal sovereignty, but the private law system of ownership applies insofar as it is compatible with their purpose.

2. For the transfer of ownership of public properties, the private law forms must be…