for construction in doing so.
IV. EXPROPRIATION AND RESTRICTION OF OWNERSHIP RIGHTS
Article 16
(withdrawal or restriction of ownership or other real rights in the construction of public
communications networks)
(1) The construction, installation, operation or maintenance of public communications
networks and associated infrastructure in accordance with regulations shall be for the public
benefit.
(2) A public communications network must be planned so as to minimise disturbance to the
real estate of another.
(3) Ownership or other real rights to real estate may be revoked or restricted for the public
benefit when required due to the construction, installation, operation or maintenance of a
public communications network and associated infrastructure.
(4) Ownership or other real rights to real estate shall be revoked or restricted under the
procedure and in the manner laid down by the act governing the expropriation of real estate
and the act governing real rights, unless this Act determines otherwise.
(5) A network operator that wishes to carry out the works referred to in the first paragraph of
this Article on, above or below the real estate of another may act as the eligible expropriator
in an expropriation procedure or as the party entitled to easement in an easement procedure.
(6) It shall be assumed that a decision in a procedure of expropriation or the establishment of
easement for the benefit of a network operator is a matter of urgency within the meaning of
the act governing the expropriation of real estate and the restriction of ownership rights. If the
administrative body responsible for deciding such matters opts not to use the urgency
procedure under the act governing the expropriation of real estate and the restriction of
ownership rights, it must explain and justify its decision.
Article 17
(networks serving the requirements of security, police, defence, and protection, rescue and
relief services)
The provisions of the previous Article shall also apply to electronic communications
networks and associated infrastructure serving the requirements of security, police, defence,
and protection, rescue and relief services.
Article 18
(establishment of easement on real estate owned by entities of public law in the construction
of electronic communications networks that are not public communications networks)
(1) The construction, installation, operation or maintenance of electronic communications
networks that are not public communications networks as referred to in Articles 16 and 17 of
this Act, and of the associated infrastructure, on the real estate of entities of public law in
accordance with regulations shall be for the public benefit.
(2) The electronic communications network referred to in the preceding paragraph must be
planned so as to minimise disturbance to the real estate of the entity of public law.
(3) Ownership or other real rights to real estate owned by entities of public law may be
encumbered by easement for the benefit of a legal entity or natural person providing
electronic communications networks that are not networks as referred to in Articles 16 and 17