Key legal question
Whether a reform appeal is admissible against the cantonal allocation of procedural costs and party compensation in a necessary access case.
Extracted holding
No. The allocation of cantonal procedural costs and party compensation is governed by cantonal law, even if the cantonal court refers to expropriation-law principles; such a ruling cannot be challenged by reform appeal.
Extracted reasoning
Under Art. 43(1) OG, reform appeal lies only for violations of federal law. Previous federal case law on necessary access costs did not convert the matter into federal law. Using expropriation principles as a cantonal benchmark does not change the source of law. There was also no situation requiring the cantonal legislator to take federal law into account.