Agreement between the Grand Duchy of Baden and the Canton of Thurgau concerning the border rectification near Constance
Table of Provisions (9)
Statutory Text (9 Articles)
1. As the boundary line between the Grand Duchy of Baden and the Swiss Canton of Thurgau near the city of Constance, the line currently marked with inscribed blocks is recognized. This line runs its entire length from where, on the eastern side of the city, the former outer moat of the fortifications flows into Lake Constance, to where it exits to the west into the Rhine, along the outer edge of the moat wall. However, where this moat wall is no longer discernible due to the filling in and merging of part of the moat with the arable land, specifically over a distance of approximately 520 feet near the Constance shooting range, the boundary line shall follow a new demarcation. This demarcation cuts across the relevant property (currently owned by Stephan Mischod, a butcher in Emmishofen), at 25 feet from the remaining part of the moat, along its edge, thereby reallocating to the Grand Ducal-Baden territory approximately the same land area that was lost to the narrowing of the moat.
1. The boundary line shall be marked at the equally shared cost of both parties with boundary stones (sovereignty markers); these shall be inscribed on one side, specifically on the side facing the city of Constance, with G.B., and on the opposite side with C.Th. and the serial number; furthermore, they shall contain the indication of the angles. A duly certified boundary description shall be drafted with precise details and specifications of the placed boundary stones, the angles formed by them, and their distances from one another, not only in paces but also measured according to the new Baden measurements on one hand and the Swiss measurements on the other, in duplicate. Moreover, a properly authenticated plan reflecting the competent authorities involved in the boundary rectification on both sides shall be recorded in duplicate. This plan must accurately depict the national boundaries with detailed indications of the boundary stones, their numbers, angle degrees, and distances.
1. After the Grand Ducal Ministry of the Grand Ducal House and Foreign Affairs of Baden, according to the resolution of January 28th of this year, No. 176, has declared that the reciprocal rights will be observed with respect to the proof yet to be furnished regarding the former possession rights of the Thurgau town of Diessenhofen in the exercise of boundary rights in the landed property district known as the "Setze" near Gailingen, which reciprocal rights the Thurgau representative expressly reserves, the Government of the Canton of Thurgau agrees that the land district within the former Constance judicial boundaries, known as "Tägermoos," along with the grassland between Tägermoos and Töbele, consisting of a single piece of meadow, including the private property in the so-called Vogelsang on the Rhine and the brickworks, will be reinstated as a separate boundary of the city of Constance, and thus the association of these properties with the boundaries of the Thurgau municipalities of Egelshofen and Tägerwilen, established in 1798, will be dissolved.
1. As a result of this decree, the Magistrate of the City of Constance will in future have the right to
a. Exercise the local police authority within the designated district and impose penalties for minor field offenses in the same manner as is entitled to the Thurgau municipalities within their districts, but also in accordance with Thurgau laws and regulations, and under the supervision of the local state authorities. Consequently, they are obligated to keep a separate protocol of these proceedings and make it accessible for inspection by those authorities, and in cases of lacking regulations or particularly when doubts about jurisdiction over minor offenses arise, they are required to seek direct instructions from those authorities;
b. Undertake those tasks that fall to the municipal councils of Thurgau in the drafting of property transfer, contract, and promissory note drafts as well as the valuation of pledges, which is understood under the granting rights according to Grand Ducal Baden laws, while reserving the powers and functions of the Thurgau execution court and the notary office;
c. Immediately maintain the land register (property cadastre) of all real estates comprising the Constance district in the Tägermoos, and thus take note of changes in property ownership.
1. As a result of the recognition that the envisaged district falls under the territorial sovereignty of the federal Canton of Thurgau, the city of Konstanz and the owners of the relevant private properties shall contribute to the general burdens and taxes of the canton as an independent tax body, applying the same criteria as those used by the Thurgau municipalities for contributions, and they shall be assessed by the cantonal authority in this regard. However, they shall be absolutely exempt from all contributions from these properties to the local costs and burdens of the Thurgau municipalities.
1. The government of the Canton of Thurgau acknowledges that fishing and hunting in the outer moats may also be utilized by the members of the city of Constance in accordance with old customs, from the Thurgau side of the moat. However, this is subject to the reservation of Thurgau jurisdiction in cases of complaints concerning property damage and violations of hunting sovereignty on Thurgau soil.
1. Insofar as the city of Constance or its authorities deem it necessary or appropriate to repair or restore the outer fortification ditches, and it is required to carry out the work on Thurgau territory, in such cases the Canton of Thurgau shall not oppose any obstacles thereto; however, this shall occur without detriment to the Thurgau territory and the owners of the land and soil.
1. With regard to the granting of free and unencumbered access and departure for the needs and products of agriculture in Tägermoos and those of the brick kiln located there, it shall always be maintained by the Canton of Thurgau towards the city of Konstanz as it is governed by general laws or specific state treaties in the Grand Duchy of Baden concerning access and departure on properties owned by Thurgau citizens, in the event of direct application by the latter and the introduction of the products immediately after their separation from the land.
1. Regarding the outstanding tax contribution from the Constance Tägermoos for the years 1819 through 1829, the government of the Canton of Thurgau agrees to the proposal of the Grand Ducal Baden district authority that half of the arrears amount shall be waived for the city.