Kernrechtsfrage
Whether the relocation and compensation claims for utility lines had to be decided in the federal railway planning and expropriation procedure.
Extrahierter Entscheid
Yes. The relocation of the utility lines, because it was required by the railway project, fell under federal railway and expropriation law; the planning authority had to decide on the objections and on the scope of replacement measures.
Extrahierte Begründung
The utility lines remained the property of their owners and were not absorbed into public roads merely because they lay in them. Cantonal road sovereignty and cantonal road-law cost rules did not govern the relation between the rail project and third-party utility owners. Articles 19 and 31 EBG, together with the subsidiary expropriation rules, placed the replacement measures and their allocation in the federal planning procedure.