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810.100 BWRGLGDA CH-GR

Art. 42 Water Rights Act of the Canton of Grisons (BWRG) - Reversion

Utilization of Hydroelectric Power - End of Concession
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Art. 42 BWRG - Reversion · Reversion

1. If the concession ends due to the expiration of its duration, forfeiture, or renunciation, the facilities constructed on public or private land for damming, capturing, supplying, discharging, or circulating the water, including the turbines and pumps along with the buildings in which they are housed, and the appurtenances as well as the properties and rights on third-party land serving the operation of the works shall revert gratuitously and free of encumbrances, each half to the canton and the granting municipalities.

2. Upon reversion, the granting municipalities and the canton are entitled to take over the facilities intended for generating and transmitting electrical energy, including the service houses and administrative buildings, against appropriate compensation. The concessionaire may demand the takeover of these facilities if they are advantageously usable for the further use of hydropower.

3. Works primarily operated for local supply are exclusively subject to the reversion provisions determined by the municipalities.

4. Municipalities and the canton have the authority to waive the exercise of the right of reversion.

5. If the concessionaire's facilities are not reused in whole or in part after the waiver of the right of reversion, the concessionaire is obliged to conduct the necessary safety and restoration work at their own expense.

← Art. 41 BWRG - Buyback Water Rights Act of the Canton of Grisons (BWRG) - Scope of Application Art. 43 BWRG →

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Court Decisions Applying This Provision (5)

PVG 2008 18 · gr (Art. 42 Abs. 1 BWRG)
Power Plant Reversion Waiver and Property Transfer Tax Liability
Cited in the reasoning regarding the definition of 'Heimfall' (reversion), which is relevant to the non-occurrence of the taxable event.
PVG 2008 18 · gr (Art. 42 Abs. 4 BWRG)
Power Plant Reversion Waiver and Property Transfer Tax Liability
Cited in the reasoning regarding the authority of municipalities and the canton to waive the right of reversion.
A 2008 23 · gr (Art. 42 Abs. 1 BWRG)
Municipality Property Transfer Tax on Water Concession Waiver Compensation
The court considers this provision regarding the legal basis of the reversion right (Heimfall) when assessing the core issue of whether a transfer occurred.
A 2008 23 · gr (Art. 42 Abs. 4 BWRG)
Municipality Property Transfer Tax on Water Concession Waiver Compensation
The court considered this provision regarding the parties' authority to waive the reversion right (Heimfallverzicht).
U 2003 106 · gr (Art. 42 BWRG)
Scope of Mandatory Transfer Inventory Following Water Power Concession Expiry
Cited as the primary rule governing the actual content of the right of reversion (Heimfall) which underlies the dispute over the inventory.