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731.11 STRG CH-AR

Art. 2 Roads Act (StrG) - Dedication

Section 1: General Provisions
Open official source Full Act (98 Articles) Machine-readable Markdown (.md)

Art. 2 StrG - Dedication · Dedication

1. Roads constructed for public use that are owned by the canton and municipalities are considered dedicated to public use.

2. Private roads are dedicated to public use by the responsible municipal authority with the express consent of the owner or by the establishment of an easement according to Art. 781 of the Swiss Civil Code in favor of the public.

3. Roads of community associations under Art. 167 et seq. of the Act on the Introduction of the Swiss Civil Code, as well as by corporations under Art. 25 et seq. of the Enactment to the Swiss Civil Code, which serve general traffic, are considered dedicated to public use with the approval of the statutes by the competent authority.

4. The competent municipal authority shall record public paths as mentioned in paragraphs 2 and 3 in the land register.

5. For the abolition and relocation of public roads (decommissioning), the objection procedure according to Art. 37 et seq. must be conducted accordingly.

← Art. 1 StrG - Scope Roads Act (StrG) - Scope Art. 3 StrG →

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Court Decisions Applying This Provision (7)

OG O4V 20 10 · ar (Art. 2 und 8 StrG)
Building Permit Revocation Due to Insufficient Easement Access
Mentioned in the reasoning (4.8) as possible legal avenues for obtaining road access (public dedication), but not in the final orders.
OG ARGVP 2016 3676 · ar (Art. 2 Abs. 2 StrG)
Road Redesign Paving and Noise Protection Dispute
Cited to establish that the private property section of the road is dedicated to public use in a specific width.
OG O4V 14 23 · ar (Art. 2 Abs. 2 StrG)
Municipality Road Ordinance Approval Appeal: Contribution Conditions Upheld, Public Dedication Rejected
The appeal regarding the denial of approval for Article 7, Abs. 2 and 3 of the regulation, which relates to the dedication of private roads, was dismissed because it conflicts with this article.
Verwaltung ARGVP 2015 1544 · ar (Art. 2 Abs. 3 StrG)
Agricultural Building Use and Communal Road Approval
Used to confirm that roads belonging to associations serving general traffic are considered dedicated to public use upon approval of the statutes.
O4V 23 21 ARGVP 2024 · ar (Art. 2 Abs. 2 StrG)
Footpath Revocation Procedure Governed by Road Legislation, Not Federal Trails Act
Cited to establish that the footpath was dedicated to public use according to the Road Act.
O4V 23 21 ARGVP 2024 · ar (Art. 2 Abs. 4 StrG)
Footpath Revocation Procedure Governed by Road Legislation, Not Federal Trails Act
Cited to establish that the footpath was registered as a public footpath in the land register.
O4V 23 21 ARGVP 2024 · ar (Art. 2 Abs. 5 StrG)
Footpath Revocation Procedure Governed by Road Legislation, Not Federal Trails Act
Cited as the legal basis requiring the objection procedure for the annulment of public roads (including footpaths dedicated under the Road Act).