Lecture

Land Use Management in Swiss Law: Building Zones and Expropriation

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In course

PENS-200: La maîtrise du sol en droit suisse

Ce cours est une introduction au droit. Il a pour but de sensibiliser les étudiant-es des trois sections ENAC à l'importance de cette discipline pour la pratique de leur métier respectif et, donc, pour la mise en commun de leurs savoirs afin de "projeter e ...

Description

This lecture discusses the management of land use in Swiss law, focusing on the classification and reduction of building zones. It covers the conditions for establishing building zones, including the need for a 15-year forecast and the role of master plans in urbanization. The instructor explains the federal and cantonal methods for calculating land needs and the importance of ensuring that building zones are appropriately sized and located. The lecture also addresses the concept of reserved zones, which temporarily freeze land use to allow for future planning. Additionally, it delves into the principles of expropriation, highlighting the differences between formal expropriation and material expropriation, and the conditions under which property owners may be compensated. The discussion emphasizes the balance between public interest and property rights, illustrating the complexities of land management in Switzerland.

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Related concepts (32)

Land use

Land use involves the management and modification of natural environment or wilderness into built environment such as settlements and semi-natural habitats such as arable fields, pastures, and managed woods. Land use by humans has a long history, first emerging more than 10,000 years ago. It has been defined as "the purposes and activities through which people interact with land and terrestrial ecosystems" and as "the total of arrangements, activities, and inputs that people undertake in a certain land type.

Law

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions.

By-law

A by-law (bye-law, by(e)law, by(e) law), or as it is most commonly known in the United States bylaws, is a set of rules or law established by an organization or community so as to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by-laws may exercise. By-laws may be established by entities such as a business corporation, a neighbourhood association, or depending on the jurisdiction, a municipality.

English law

English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of stare decisis forms the residual source of law, based on judicial decisions, custom, and usage.

Private law

Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts and torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order.

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