Questione giuridica chiave
Whether the farmer was entitled to real substitution under § 231(3) EG ZGB.
Decisione estratta
No. The land to be taken was not shown to be indispensable for the farmer's occupation; the farmer did not substantiate any special reasons.
Motivazione estratta
The statutory condition requires that the professionally active farmer be genuinely dependent on the expropriated land for operating the business. A slight reduction of farm area is insufficient. Here the expropriated strips were very small and marginal compared with the main parcels, so dependency was not evident.