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701.0 KRPLCATLCPT CH-NE

Art. 34 Cantonal Law on Spatial Planning (LCAT), of October 2, 1991 - Benefit

7 Public Works - Energy - Transportation and Communications - 70 Spatial Planning - 701 General Provisions - CHAPTER 2 Cantonal Provisions for Spatial Planning [13] Generalities Contents of the Master Plan Land Consolidation, Boundary Adjustment, Expropriation and Release of Easements [39] Compensation, Contribution and Compensation - Section 5
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Art. 34 Cantonal Law on Spatial Planning (LCAT), of October 2, 1991 - Benefit · Benefit

[52] 1 Considered as a major benefit constituting an appreciation in value is the increase in value of a plot of land resulting from

a) its permanent designation as a building zone or a specific zone as per Articles 15 and 18 of the Federal Act on Spatial Planning;

b) its transfer from a deferred use zone to a building zone or a specific zone as outlined in Articles 15 and 18 of the Federal Act on Spatial Planning (new designation);

c) its reassignment from one type of building zone to another higher-value building zone;

d) the consequential increase in building rights of a plot of land without any change in designation for the portion exceeding 50% (densification).

2. The increase in value of a plot of land is the presumed difference between the value of a plot of land with and without the planning measure that generates the appreciation.

3. The classification of a plot of land from the agricultural zone to the deferred use zone does not constitute a major benefit.

← Art. 33 Cantonal Law on Spatial Planning (CLSP), of October 2, 1991 - Principle 7 Public Works - Energy - Transportation and Communications - 70 Land Use Planning - 701 General Provisions - CHAPTER ONE General Provisions Art. 35 Cantonal Law on Land Use Planning (CLUP), of October 2, 1991 - Value Added Contribution →

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Court Decisions Applying This Provision (5)

CDP.2014.27 · ne (Art. 34 al. 1 LCAT)
Municipality Appeal Regarding Property Value Appreciation Surcharge and Calculation Method
Cited in the reasoning section to define what constitutes a presumed major advantage (plus-value) regarding urbanization zones.
CDP.2014.27 · ne (Art. 34 al. 2 LCAT)
Municipality Appeal Regarding Property Value Appreciation Surcharge and Calculation Method
Cited in the reasoning section to define how the plus-value is calculated based on the presumed difference in land value before and after the planning measure.
TA.2001.413 · ne (art.34 al.1 LCAT)
Municipality Challenge to Betterment Levy Following Rezoning
The provision was cited as the basis for requiring the advantage conferred by the planning measure to be considered 'major' to trigger a contribution.
TA.2001.413 · ne (art.34 al.2 LCAT)
Municipality Challenge to Betterment Levy Following Rezoning
The provision defining the presumed surplus value as the difference in value before and after the planning measure was cited.
TA.1997.242 · ne (Art. 34 al.1 LCAT)
Co-Owners v. Municipality: Betterment Levy Calculation on Unbuildable Land
The court determined that the increase in the value of the property resulted from its assignment to the urbanization zone, which constitutes a major advantage justifying the levy of a contribution.