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810.100 BWRGLGDA CH-GR

Art. 45 Water Rights Act of the Canton of Grisons (BWRG) - Compensation for Waiving the Acquisition of Facilities

Utilization of Hydroelectric Power - End of Concession
Open official source Full Act (70 Articles) Machine-readable Markdown (.md)

Art. 45 BWRG - Compensation for Waiving the Acquisition of Facilities · Compensation for Waiving the Acquisition of Facilities

1. If a concession is renewed with a waiver of the reversionary rights, the concessionaire is obligated to compensate the party entitled to reversion for the waiver of the claim to the installations that revert gratuitously. This regulation also applies to public entities with a claim to concession renewal. The determination of the compensation is the responsibility of the municipalities, the canton, and the concessionaire.

2. Article 44 applies mutatis mutandis.

← Art. 44 BWRG Water Rights Act of the Canton of Grisons (BWRG) - Scope of Application Art. 46 BWRG - Clarification →

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Court Decisions Applying This Provision (2)

PVG 2008 18 · gr (Art. 45 BWRG)
Power Plant Reversion Waiver and Property Transfer Tax Liability
Cited in the reasoning to support the legal framework for concession renewal involving a waiver of reversion rights and compensation.
A 2008 23 · gr (Art. 45 BWRG)
Municipality Property Transfer Tax on Water Concession Waiver Compensation
The court referred to this provision concerning compensation due when a concession is renewed with a waiver of the reversion right.