Road Act (StrG) (STRG)

This law applies to roads that are owned by the state or political municipalities and are dedicated to public use. Roads also include squares and paths, in particular cycle paths, footpaths, bridleways, and hiking trails.

Reservation

Legislation concerning national roads, field and cooperative paths, and the neighbourhood planning procedure remains reserved.

2. Roads and Ancillary Facilities

Nebenanlagen

Strassengesetz (StrG)

1.7. 22-117

In addition to the areas for flowing road traffic and stationary public and private traffic, the road includes all buildings and facilities serving the intended use, technical safety, and protection of the environment, in particular

a. median strips and separation strips, traffic islands,

b. civil engineering structures, retaining walls and breast walls, and the like,

c. pedestrian overpasses and underpasses,

d. roadside facilities for protecting the environment against unreasonable traffic impacts,

e. drainage systems, insofar as they are not part of the public sewer network,

f. systems and facilities for traffic control as well as traffic signs,

g. plantings,

h. lighting systems,

i. 35 furnishing elements for encounter zones,

k. wildlife protection facilities,

l. embankments, the management and maintenance of which cannot reasonably be expected of the adjacent property owner.

1

1 Auxiliary facilities to roads are facilities that, in accordance with the Planning and Building Act, can be secured by building lines for operational facilities for traffic structures.

2 The Public Passenger Transport Act remains reserved.

State and

Municipal

Roads

3. Classification of Roads

1 State roads are those roads defined in the cantonal and regional traffic plans according to the Planning and Construction Act.

2 All other roads are municipal roads.

Bearer

Scope

II. Road Construction

1. Obligation to build

1 State roads are to be constructed or upgraded by the state, and municipal roads by the political municipalities.

2 Building obligations according to the Planning and Building Act remain reserved.

1 The construction obligation encompasses all parts of the road and the related ancillary facilities.

2 It furthermore extends to

a. Adjustments and relocations of existing other roads and paths of all kinds, insofar as they maintain necessary connections and their previous functionality,

b. Adjustments to adjoining properties, insofar as the obligation to do so does not fall upon the property owner due to a special legal relationship. In these cases, the execution can also be carried out by the developer at the expense of the obligated party.

State Roads

1. Construction Program

2. Construction Resolutions

13 1 The Government Council shall annually submit a report on the road construction program for cantonal roads for the next three years to the Cantonal Council, concurrently with the budget.

**2 In preparing the construction program, it shall take into account the cantonal and regional traffic plans and the communal development plans in accordance with the Planning and Building Act.**

**2**

**Road Act (StrG)**

**722.1**

Commitment credits are approved in accordance with the provisions of the 2. Credits

Cantonal Constitution and the Financial Management Act.

1. **On the Construction of Municipal Roads**

The organs responsible according to the municipal charter decide on the construction of municipal roads. They must observe the development plan in accordance with the Planning and Building Act.

2. Insofar as interests of a neighboring municipality are clearly affected, its municipal executive board must be heard beforehand.

1. Upon request by a municipality, the Department of Construction may oblige another municipality, after hearing the latter, to construct a road, if this is indispensable for the requesting municipality and reasonable for the municipality being addressed.

2. The decision regarding such a construction obligation must determine the cost distribution for the involved municipalities; in particular, it must be considered whether and to what extent the addressed municipality benefits regarding general traffic conditions or the basic development of building areas.

3. Project Planning

1 The Building Directorate is responsible for the project planning

**of the state roads; it provides state authorities, regional planning associations, and the municipal councils33 of the municipalities whose interests are affected by the project, at appropriate processing stages, with an opportunity to express their requests.**

**2 Municipal roads are planned by the competent body according to the municipal regulations; this body consults the Building Directorate and the municipal councils33 of neighboring municipalities in a timely manner if their interests are affected.**

1 The projects must be submitted to the public for comments prior to the approval of the credit in an orientation meeting or through public display; for projects of minor importance, this can be waived.

2 A comprehensive statement must be made regarding objections that were not taken into account. The statement is made before the credit approval

a. orally in the first or, if necessary, in a further orientation meeting or

b. in writing in the application for credit approval, in the credit resolution or in a special report.

1.7. 22-117

3

722.1

Road Act (StrG)

Principles of Project Planning

3 If the project is publicly displayed, objections must be submitted within 30 days of the announcement; written statements can be inspected at the municipal administration for 60 days after the credit resolution. Otherwise, the provisions of the Planning and Building Act concerning the establishment of master plans apply mutatis mutandis to the procedure.

35 1 Roads are to be planned according to their importance and intended purpose, and with due regard to construction and traffic engineering, safety, and economic efficiency. In this respect, traffic management measures take precedence over the construction of new traffic areas.

2 They are to be integrated as well as possible into the built environment and the landscape, utilizing land sparingly and with due regard to environmental protection. Municipalities may promote shared space zones on communal roads within built-up areas.

3 The needs of public transport are to be given priority, and those of pedestrians and cyclists are to be adequately considered.

4 Road infrastructure must be designed to be accessible and usable for people with disabilities.

Project Approval

1. Competence

23 1 Projects for state roads are determined by the Cantonal Government. The Department of Construction is responsible for determination when the credit approval falls within its competence. With the determination of the project, the right of expropriation is granted.

2 Projects for municipal roads are determined by the municipal executive council. The determination resolution requires the approval of the district council if the granting of the right of expropriation is necessary.

3 Junctions of municipal roads with state roads require the approval of the Department of Construction. Approval must be granted if no public interests are violated. The municipality may appeal against the refusal of approval or against ancillary provisions.

24 2. Plan Display

3. Objection Procedure

23 The projects must be publicly displayed for 30 days before their determination** and, where feasible, marked out; the plan display must be publicly announced.

23 1 Objections to the project may be lodged within the public display period. Standing is determined by the right to appeal and complain in accordance with the Administrative Justice Act. Municipalities affected in their legitimate interests have an independent right to object.

4

Road Act (StrG)

722.1

2 The objection may raise all deficiencies of the project. Upon announcement of the public display, it may be ordered by personal notification that objections to expropriation, as well as claims for compensation, challenges to contribution demands, and requests for the performance of adaptation works, must be submitted within the public display period; the additionally required project documents must also be made publicly available.

3 In expropriation proceedings, objections are excluded

a. against the project,

b. against the expropriation, provided they should have been lodged within the public display period.

4 Objections are decided upon with the formal determination. Anyone who has failed to lodge an objection cannot challenge the decision.29

5 For projects of minor importance, the objection procedure may be waived. In these cases, requests for project changes are permissible in expropriation proceedings.

6 The Government Council may regulate the details of the procedure by ordinance.

4. Land Acquisition

The land and other rights required for road construction are acquired privately, through land reallocation proceedings, or by eminent domain.

### Damage-Reducing Measures

Affected parties must tolerate damage-reducing measures on their properties, such as the installation of soundproof windows, to the extent that it is reasonable for them under the circumstances and thereby a liability for damages can be avoided or significantly reduced.

1 Land readjustment takes the form of the neighborhood plan procedure

according to the Planning and Building Act or land consolidation

according to the Agriculture Act11.

2 Land consolidation can, if necessary, like the neighborhood plan

procedure, be carried out with an area of inclusion limited to this objective.

3 Land readjustment is ordered by the body responsible according to the Planning and Building Act

or Agriculture Act upon application by the developer;

otherwise, the corresponding laws apply.

1. Land

readjustment

1.7. 22 - 117

5

722.1 Road Act (StrG)

2. Expropriation

23 Expropriation is carried out in accordance with cantonal expropriation legislation10, provided this Act does not contain any deviating provisions.

22

Special

Precautions

Rail Transport

of Excavated Material

and Aggregate

5. Construction Phase

In the execution of road construction works, the necessary measures must be taken to secure the construction site, to avoid dangers to persons and property, and to protect abutters from unreasonable nuisances; necessary access roads and paths to properties must, where possible, be kept usable. Consideration must be given to the operation of public transport.

25, 36 For the rail transport of excavation material and aggregates,

Section 232a paragraph 1 of the Planning and Building Act applies mutatis mutandis.

Principles

Maintenance

Obligation

Obligations of Third Parties

III. Maintenance and Operation

1 Roads are to be maintained and operated according to technical and economic

considerations in such a way that they can be used safely and, as far as possible, gently for the surroundings, in accordance with their purpose.

2 Road maintenance includes, in particular, upkeep,

the repair of damages, dust control, cleaning,

winter service, and opening after extraordinary natural events.

1 The municipality responsible for construction is liable for maintenance.

2 Municipalities may transfer the maintenance of their roads, in whole or in

part, to the state, which shall charge its self-costs for this; the transfer must be

for at least five calendar years at a time, unless the Department of Construction

and Planning approves an earlier change.

3 Invoicing is carried out annually by the Department of Construction and Planning.

1 Whoever regularly pollutes roads excessively due to the type of land use or otherwise, is responsible for their cleaning. If, despite written request, they fail to comply with this duty within a reasonable period, the cleaning will be carried out by the community responsible for maintenance, at their expense.

6

Roads Act (StrG)

722.1

2 The person causing damage to roads is liable for such damage. They may only remedy damages themselves with the consent of the road owner. The road owner is entitled to undertake the necessary measures on their own initiative at the expense of the person causing the damage.

3 The road owner shall take the necessary measures for securing evidence, as far as possible with the involvement of the person causing the damage.

4 In disputed cases, decisions regarding cost bearing shall be made in proceedings according to cantonal expropriation legislation10.

IV. Financing

1. State Cost Coverage

31 Costs to the State for Road Construction and Maintenance; Road Fund

1 The costs incurred by the Canton for the construction and maintenance of cantonal and national roads, as well as for cantonal contributions, shall be covered by the resources of the Road Fund.

2 The Road Fund shall be allocated the net revenue from cantonal traffic taxes, the cantonal shares of federal levies earmarked for road expenditures, and any other designated funds.

3 Should the funds prove insufficient, the Cantonal Council may approve additional contributions from the general state assets with the budget.

30 Until the realization of the cycling network on the basis of the regional master plans, the Cantonal Council shall annually allocate at least CHF 10 million in the budget for this purpose, corresponding to the level of the Zurich construction cost index on December 1, 1986. This amount shall be adjusted in accordance with the subsequent development of the index.

30 1 For the construction of the lakeside and riverside paths along the Zürich Construction of

lakes and rivers according to the cantonal structural plan and the regional lakeside and riverside paths

structural plans, the Cantonal Council shall annually allocate at least CHF 6 million a. Financing

in the budget, corresponding to the level of the Zurich construction cost index as of

April 1, 2016. The amount shall be adjusted in accordance with the subsequent development of the index. At least two-thirds of

this amount shall be used for the construction of the lakeside path along Lake Zurich.

An amount allocated in the budget that has not been utilized shall expire.

1.7. 22 - 117

7

722.1 Road Act (StrG)

2 The local municipalities shall contribute to the costs of path sections

that run within or adjacent to developed areas,

provided that the path section

a. runs in the immediate vicinity of the shore or improves access to

public facilities and installations along the water and

b. has a high recreational value.

3 The municipalities' share shall be one-fifth of the costs for

the planning and construction of the path section, including land acquisition costs. The municipality's contribution shall be determined upon project approval.

b. Use of

private

property

### 32, 34 1 Private land may generally not be claimed for the construction of lakeside paths against the will of the owners.

2 The claim is exceptionally permissible if an alternative routing of the lakeside path is not possible or only with disproportionate effort.

### 2. State Contributions to Municipalities

Maintenance of Municipal Roads

Exceptional Expenses

Financing

1 The Canton shall pay the municipalities a share of the costs for the maintenance of municipal roads. The decisive factor shall be the kilometers of municipal roads that can be used by individual motorized traffic.37

2 An annual contribution shall be paid from the Road Fund into the special geographic-topographic burden equalization. The amount of the contribution shall be determined by a percentage of the deposits into the Road Fund. The Government Council shall determine this percentage in an ordinance.

26 The canton may grant contributions to municipalities which incur extraordinary expenses due to special occurrences, such as natural disasters, up to half of the restoration costs.

27,37 For the cost shares and contributions according to §§ 29f., at least 20% of the annual deposit into the Road Fund will be used.

27

8

Roads Act (StrG)

3. Services by Third Parties

722.1

Consideration of future needs for a road project, arising from a written request by another developer or a third party, that result in additional costs, must be borne by the applicant.

V. Miscellaneous Provisions

### **1. Design, Construction, and Maintenance – Assignment to Private Entities**

To the extent that professional supervision and monitoring of these tasks by the community, as well as the interest in a permanent and traffic-safe operation of the roads permit, design, construction, and maintenance shall, wherever possible, be assigned to private entities.

1 Cycle, foot, bridle and hiking paths may also be provided by utilising facilities that do not belong to the entity responsible for construction; this also applies to the use of field and cooperative paths.

2 The provisions for the respective construction authority apply mutatis mutandis to the acquisition of rights and to any special construction and maintenance obligations arising from the extended use.

3 Dissenting arrangements with the path owner by means of an administrative law contract remain reserved.

Over its total expenditures for the construction and maintenance of roads, the state keeps a statistic.

Here is the English translation of the provided German law article

1 The owner of a public road shall tolerate the installation of public traffic and utility installations belonging to another public body or corresponding installations of an undertaking that fulfills public tasks, upon written request, provided that the intended purpose and the technical layout of the road permit it.

2 All costs arising from such installations shall be reimbursed to the road owner, and the road shall be restored to its original condition without defects after use; no further compensation is owed.

3 Such installations shall be relocated or adapted at the expense of their owner if a road project requires it.

1.7. 22-117

9

722.1

Abolition of

public roads

Road policing

regulations

Supervision

Legal Protection

a. Appeals body

b. Administrative

complaint

Penal provision

Roads Act (StrG)

1 If a public road is to be abolished, the road owner shall pass a formal

resolution to that effect, which shall be publicly announced in the cantonal

official gazette and in the municipality concerned.

2 If the road to be abolished constitutes the sole access to properties

which, by their nature, are dependent on it, the road owner shall, in the

abolition resolution, take the measures necessary to maintain a connection

between these properties and the public road network; for this purpose,

the road owner has the right of expropriation.

3 The provisions of the Planning and Building Act remain reserved.

1 The State and municipalities shall, where a need exists

and the Planning and Construction Act does not provide a definitive regulation,

issue police regulations concerning the road area itself, its use, and

concerning the area bordering public and private roads in common use.

2 Traffic police regulations remain reserved.

1 Unless otherwise provided by this Act, the Government Council shall

exercise supreme supervision over the entire road system, the

Department of Construction shall exercise direct supervision over the state roads and

secondary supervisory authority over the municipal road system.

2 The District Governors shall exercise primary supervisory authority over the

municipal road system.

25, 28 1 Orders issued in application of this Act may, subject to Section 45(2), be challenged by appeal before the Building Appeals Court.

**2 Excluded are acts of the Government Council.**

28 Against decisions on cross-appeal which wholly or partially revoke an order of a cantonal instance, the competent Directorate may file an appeal to safeguard public interests.

24 Any violation of Article 27, paragraph 1 of this Law shall be punished with a fine.

10

Roads Act (StrG)

VI. Delegation of Powers to Municipalities

1. Cities of Zurich and Winterthur

722.1

1. Roads of intercommunal importance within the conurbations of Zurich and Winterthur are to be constructed, expanded, and maintained by these cities.

2. Roads designated in the cantonal and regional transport plans are considered to be of intercommunal importance.

21 The Municipal Councils shall report annually to the Government Council by the end of October of the preceding year on the construction program for the next three years for roads of supra-communal importance within their territory.

23 1 The city councillors elaborate the projects. They provide the construction planning

directorate, as well as interested regional planning associations and and project-

neighbouring municipalities, at suitable processing stages, an opportunity to approval

express their requests.

2 The projects are determined by the city councillors. The general provisions

regarding project determination apply to the procedure. The decision can be appealed

to the Government Council.

3 The reconciled projects require the approval of the Government Council. The

approval application must set out whether and how the requests according to para. 1

could be accommodated. The right of expropriation is granted with the approval.

Here is the English translation of the provided text

**722.1 Road Act (RA)**

21 1 For the financing of the construction, expansion, and renewal of roads of inter-municipal significance within the cities of Zurich and Winterthur, the State shall pay an annual lump sum.

**1. Construction**

2 The amount shall correspond to the product of the length of their road network of inter-municipal significance and the State's investment expenditures, increased by a factor, in the last completed financial year per kilometre of its road network.

3 The factors shall be determined every three years by the Cantonal Government. In doing so, particular consideration shall be given to the demonstrated needs of the cities in relation to those of the canton and to the total available funds.

4 The entitlement to the construction lump sum shall lapse if, in the last completed financial year, a city's reserve position has reached three times the amount to which it is entitled.

1.7. 22-117

11

**2. Maintenance**

5 National roads shall be disregarded in the calculation. Motorway-like roads shall be counted twice, and one-way street systems shall be counted in both directions.

21 1 For the maintenance of roads of supra-municipal importance

within the territory of both cities, the State shall make an annual

lump-sum payment.

2 The amount shall correspond to the product of the length of their

road network of supra-municipal importance and the maintenance

expenditures of the State, increased by a factor, in the last completed

fiscal year per kilometer of its road network.

3 The factors shall be determined every three years by the Government

Council, which shall appropriately consider the additional costs

resulting from urban conditions.

4 National roads shall not be considered when calculating the amounts.

Roads developed similarly to motorways shall be counted double,

and one-way street systems shall be counted in both directions.

21 1 The City Councils report to the Government Council annually by the end of March on the use of the funds provided with the lump sums and the status of reserves or shortfalls for the financial year concluded at that time.

2 Shortfalls must be offset by the cities in the medium term.

20

3. Reporting

State Construction

1. Scope

1 In lieu of the cities, the state may at any time construct or

expand roads from the cantonal transport plan in these two municipalities if it

deems the project necessary due to the timelines

stipulated in the master plan or for traffic engineering reasons,

and the host municipality rejects its realization.

2 For roads from the regional transport plan, this right of the

state only exists if the project serves significant interests

of a neighboring municipality.

2. Payment Obligation

1 The net state construction costs, after deduction of the project-related

state contributions, shall be amortized and bear interest by the cities.

2 The interest shall be calculated at the interest rate of the Zürcher Kantonalbank

for municipal loans. The amortization rate corresponds to 2 percent

of the respective residual book value. Invoicing shall be carried out by the

Government Council.

Roads Act (StrG)

722.1

3 The interest and amortization rates shall be determined and charged together with

the city's share of the traffic fees.

1 For state decisions concerning such projects, the same provisions 3. Competence;

apply with regard to competence and procedure as for state roads. Procedure

2 Upon completion of the construction work, the Government Council

transfers the newly constructed or expanded facility to the city.

2. Other Municipalities

1. The Cantonal Council may, upon request by municipalities, transfer to them

the project planning, land acquisition, construction supervision, and construction execution 1. Principle

for state roads within their territory, either generally or in individual cases.

2 It must comply with requests in individual cases if the safeguarding

of inter-municipal interests remains secured nonetheless.

2. Project Planning and Implementation

The general and implementation projects require approval by the Government Council; all other important decisions, such as the commencement of planning work, the precautionary purchase of land, and the initiation of land acquisition procedures, require prior approval by the Department of Construction or, in the case of awarding contracts for supplies and works, by the body responsible according to the expenditure authorization competencies.

1. Authorization of Expenditures and Financing of Expenses

The authorization for expenditures and the financing of expenses that are attributed to road construction under this law are carried out by the state; the coverage of other costs is the responsibility of the municipalities.

2. The expenses and costs are itemized by the Building Department after consulting the municipalities.

1 The Cantonal Council may, upon request by the local municipality, transfer the maintenance of cantonal roads to said municipality, either generally or in individual cases; it must grant the request if the municipality commits for at least five calendar years and ensures that the maintenance is carried out professionally and punctually.

1.7. 22-117

13

722.1

Roads Act (StrG)

Special Use

2 The municipality shall be compensated at a rate corresponding to the average expenditures of the Canton for the maintenance of cantonal roads under comparable circumstances. Extraordinary works shall be additionally remunerated, provided they have been carried out with the prior consent of the Department of Construction.

3 The Department of Construction shall decide on the amount of remuneration.

1 The Cantonal Government may, for national roads within the municipality, transfer to the municipality, upon its request, the regulation of their use for private purposes, either generally or in individual cases.

2 It must grant requests for the regulation of special use if the municipality is responsible for maintenance; the revenues are to be offset against the reimbursement claim against the state.

3 If an offset against the reimbursement of maintenance costs is not possible, the state's share of the revenues from special use must be regulated at the time of transfer.

4 The substantive provisions of the Planning and Building Act concerning the use of public land remain reserved.

Reference

3. Reservation

To the extent that nothing to the contrary is ordered in this section,

the other provisions of this Act shall apply.

Transfer of

Ownership

1. Time

2. Compensation

VII. Final Provisions

1 Ownership of existing roads generally transfers upon the entry into force of this Law to the competent public entity thereafter.

**2 If roads of the cantonal or regional traffic plans are to be replaced by a new construction and assigned to a subordinate traffic plan, the transfer of ownership and the reclassification occur upon the commissioning of the new road. Until that time, this Law applies based on the original plan approval and road classification.**

1 The Canton shall pay the communes a lump-sum compensation for the maintenance of the former cantonal roads transferred to them.

14

Roads Act (StrG)

722.1

2 The lump sum shall be determined on the basis of the expenses that the communes are expected to incur for the road network to be taken over in the five years following the takeover.

3 The lump sum shall be determined by the Building Department.

4 The payment shall be made in accordance with the cantonal budget credit in a maximum of five annual instalments.

The provisions of this Act concerning the financing of approved state roads do not apply to projects for which a commitment credit has been approved by the body responsible under previous law before the entry into force of this Act.

The following provisions of the Road Act of August 20, 1893, apply with the following amendments for the time being

Property Owner Contributions

a. (§ 17 a) Private individuals who are required to cede real estate for public roads, squares, and sidewalks are entitled to full compensation for all financial disadvantages in accordance with the cantonal expropriation legislation.

b. (§ 17 b) Property owners whose properties experience an increase in value due to the construction or improvement of a road or square shall make contributions to the costs to the municipality responsible for construction.

In the case of road widenings that are primarily undertaken with regard to through traffic, contributions are only to be made for properties where the altered traffic conditions cause the increase in value.

c. (§ 17 c) The contribution of the individual property owner shall amount to half of the increase in value of their property, but the sum of all contributions may not exceed three-quarters of the full costs, including land acquisition, after deduction of any federal and state contributions.

d. (§ 17 d) The owners of properties adjoining roads and squares, located in built-up areas or areas undergoing structural development, shall make appropriate contributions to the costs of the initial construction of sidewalks.

The sum of the adjoining owners' contributions may not exceed half of the full costs, including land acquisition, but after deduction of any federal and state contributions.

Where only one sidewalk is constructed, the owners of the opposing properties may be burdened with at most one-third of the sum of the adjoining owners' contributions. If the opposing sidewalk is also constructed later, the contributions shall be distributed among the adjoining owners on both sides according to the division made during the construction of the first sidewalk.

In the case of sidewalk constructions that are primarily undertaken with regard to through traffic, contributions are only to be made for properties where the altered traffic conditions cause the increase in value.

The Government Council shall regulate by ordinance the contributions for sidewalks constructed by the state12 or to which it makes contributions to the municipalities. Otherwise, the municipalities shall regulate the contributions by ordinances that require the approval of the Government Council.

e. (§ 17 e) Road and sidewalk contributions are to be levied in the procedure prescribed for the collection of added value contributions in accordance with the cantonal expropriation legislation10.

If the property owner has to cede rights for road and sidewalk construction, the compensation for cession to be paid by the municipality responsible for construction will be offset against the added value contribution.

The debtor of the contribution remains the person who is the owner of the property for which the contribution obligation exists at the time of completion of the facility.

f. (§ 17 f) Contributions, to the extent they are not offset, are generally to be paid within six months from the date of final determination of the existence and extent of the contribution obligation and any cession compensation for the property concerned, but at the earliest six months after the completion of construction.

The payment period can exceptionally be extended up to five years if the circumstances of the person liable for contributions justify it. In this case, interest on the contribution amount shall be charged from the expiry of the ordinary payment period at the interest rate of the Zürcher Kantonalbank for first mortgages. If the reasons for the extension of the payment period cease to exist, the deferment will be revoked.

g. (§ 17 g) If special measures are required to benefit from the increase in value of a property due to the construction or improvement of a road or square, the assertion of the contribution claim shall be temporarily suspended upon justified request of the property owner. If the increase in value remains unutilized for 15 years, the payment obligation shall lapse.

If a property is utilized with increased economic benefit before the expiry of 15 years, the contribution becomes due for payment at the time of increased utilization, or in the case of development of the property, upon completion of the building's roof.

If the property is parcelled out, the contribution is forfeited proportionally for the built-up parcels or parcels sold for development.

In the event of changes of ownership without realization of the increase in value, the payment obligation transfers to the acquirer.

h. (§ 17 h) Decisions on requests for extension of the payment period, their revocation, as well as for temporary waiver of the assertion of the contribution claim and its subsequent assertion, shall be made by the Directorate of Building or, for municipal constructions, by the competent municipal authority.

i. (§ 17 i) For the unoffset contribution claims, a statutory lien exists on the property concerned in favor of the entitled municipalities in accordance with § 194 lit. f of the Introductory Act to the Swiss Civil Code5.

k. (§ 17 k) The municipality may, within 60 days after the final decision on the cession compensation and contributions has become legally binding, waive the execution of the undertaking or the cession in individual cases, unless the immediate cession of rights has already occurred in accordance with the cantonal expropriation legislation10.

The municipality must compensate the property owner for damages arising from such a waiver. The claim for compensation must be asserted before the valuation commission or, if an appeal has been filed, directly before the higher instance; it becomes time-barred twelve months after the declaration of waiver.

l. (§ 17 l) The property owner can avoid paying the contribution demanded of them by offering the property, for which they have been declared liable for contribution, to the municipality no later than 60 days after the decision has become legally binding.

In this case, the municipality, if it does not waive the execution of the project in accordance with § 17 k, must compensate the previous value of the property without regard to the resulting increase in value.

If the municipality and the property owner cannot agree on the value of the property, the valuation commission shall decide upon request of the property owner; if an appeal has been filed, the claim must be brought directly before the higher instance.

20

The following laws are amended as follows

a. the Introductory Law to the Swiss Civil Code (Introductory Law

to the SCC) of 2 April 1911: . . .15

b. the Introductory Law to the National Roads Act of 24 March

1963:...15

c. the Law on Traffic Charges and the Implementation of Federal

Road Traffic Law (Traffic Charges Law) of 11 September

1966:...15

The Road Act of August 20, 1893 is repealed.

1 This Act is subject to a popular vote.

2 The Government Council determines the date of entry into force14.

Transitional Provision to the Amendment of October 28, 2013

(OS 69, 262)

The jurisdiction for the assessment of legal remedies pending at the time of entry into force is determined by the previous law. The previous jurisdictions also apply if the period for appeal began to run before the entry into force of the new law but ends only thereafter. Otherwise, the new law applies to pending proceedings.

18

Road Act (StrG)

Transitional Provision to the Amendment of November 25, 2013

(OS 71, 98)

722.1