Lexipedia

Guarantee of property

The guarantee of property protects ownership and other property rights against unlawful interference, including expropriation without compensation.

The guarantee of property secures the existence, use and value of private property, including real estate, movable property and certain acquired rights. In Switzerland it does not make property absolute: zoning, environmental rules, taxes and other public-law limits may be valid. Serious interferences require a legal basis, public interest and proportionality. Formal expropriation and measures equivalent to expropriation generally require full compensation. The guarantee also has an institutional aspect, preserving private property as part of the legal and economic order.