Act concerning the assignment of patronage rights to parishes
Table of Provisions (8)
Statutory Text (8 Articles)
1. Those parish communities, in which the state holds the right to elect local pastors, are entitled to acquire the right to elect their pastors after having previously redeemed the relevant patronage obligations of the current obligor.
2. Likewise, the state is entitled, where it deems appropriate, to demand from the parish community, without termination from the latter, the redemption or assumption of the patronage in the aforementioned sense.
1. The Redemption of Collation Obligations shall occur in such a manner that the patron or the respective obligated party allocates the equivalent of twenty-two times the amount of the salaries he has paid, other fixed annual prebend expenditures, and the ten-year average of other annual expenses, whereby construction costs are not included in the calculation, and an appropriate fund for maintenance and new construction obligations for which the patron or obligated party is responsible as endowment capital. Conversely, the parish is obliged to take over all obligations associated with the collation against this endowment capital in the future.
2. Where specific woodlands exist for the provision of prebend firewood, the annually collectible quantity of firewood shall be assessed at the market price prevailing at the time of redemption, and twenty times the latter amount shall be established as the redemption capital.
3. Where a portion of the prebend income consists of the use of prebend land, the actual net yield at the time of redemption shall be valued twentyfold as the redemption capital.
4. Existing real estate belonging to a prebend, whether land or forest, shall principally be allocated for the endowment of the respective prebend and shall be appraised at the true capital value they possess at the time of the transition of the collation.
5. If a prebend possesses a wood servitude on a state forest, it shall proceed according to § 31 of the Forestry Act.
1. Legal Actions Concerning the Existence, Scope, and Redemption of Collation Obligations are adjudicated by the Cantonal Court in the Litigation Process.
1. The endowment capital determined as a result of the redemption negotiations shall be disbursed to the respective church congregation and shall be subject to its administration in accordance with the statutory provisions (§§ 297 lit. f. and 306 of the Organizational Law).
2. ...
1. The assignment of the right of patronage requires the consent of the diocesan bishop.
1. If the assignment of a bestowal or presentation right, which does not belong to the state, is made to the respective church community, the procedure for determining the endowment is the same as established by the current law for the settlement of previous state bestowals.
1. The Governing Council shall issue the necessary orders for the execution of this law, which shall come into force immediately upon approval by the people.
1. This present law is to be submitted to the Government Council for promulgation and execution, and the original copy is to be deposited in the State Archive.