District Council (EGZGB)

1. The District Council is the competent authority for the following cases provided for in the Swiss Civil Code of December 10, 1907 (SCC)

a) SCC Art. 694: Granting of a right of way;

b) SCC Art. 708 Para. 1: Capturing sources within a common catchment area;

c) SCC Art. 709: Use of sources in emergencies.

2. The District Chief[1] is competent for

a) SCC Art. 699 Para. 1: Access to forests and pastures.

1. The Cantonal Police is the competent authority for

a) Swiss Civil Code Art. 720a para. 2: Reporting of found animals that have been lost.

1. Insofar as the law does not provide for an exception, the authority designated as responsible for inheritance matters is competent for official duties in the field of inheritance, particularly for

a) * Civil Code (CC) Art. 490 Para. 1: Recording of the inventory in the case of a substitute inheritance;

b) * CC Art. 551 Para. 1: Securing the estate;

c) * CC Art. 553: Recording of the inventory;

d) * CC Art. 580 Para. 2: Receipt of the request for a public inventory;

e) * CC Art. 581 Para. 1: Order of the public inventory;

f) * CC Art. 595 Para. 1: Official liquidation;

g) * CC Art. 618: Appointment of the expert.

2. The management of the authority responsible for inheritance matters shall take necessary precautionary measures ex officio or upon request of a party.

a) * ...

b) * ...

c) * ...

d) * ...

1. The Child and Adult Protection Authority, insofar as the law does not provide for an exception, is the competent authority within the meaning of child and adult protection law, particularly for

a) Civil Code (ZGB) Art. 261 para. 2: Defendant party in paternity proceedings;

b) ZGB Art. 269a: Challenging adoption;

c) ZGB Art. 298 para. 3: Appointment of a guardian;

d) ZGB Art. 298b: Transfer of joint parental custody;

e) ZGB Art. 308: Establishment of legal guardianship (child protection);

f) ZGB Art. 316: Admission of foster children;

g) ZGB Art. 318: Management of the child’s property;

h) ZGB Art. 320 para. 2: Depletion of the child’s property;

i) ZGB Art. 374 para. 3: Consent to legal acts within the framework of extraordinary asset management;

j) ZGB Art. 381: Establishment of a representative guardianship;

k) ZGB Art. 400 para. 1: Appointment of the guardian (adult protection);

l) ZGB Art. 415 para. 1: Examination and approval of the account;

m) ZGB Art. 425 para. 1: Release from preparing the final report and final accounting;

n) ZGB Art. 425 para. 2: Examination and approval of the accountability report;

o) ZGB Art. 428: Placement and discharge;

p) ZGB Art. 544 para. 1: Establishment of a representative guardianship for the unborn child to protect inheritance claims;

q) ZGB Art. 548 para. 1: Official administration;

r) ZGB Art. 550: Application for a declaration of disappearance;

s) PartG Art. 27 para. 2: Granting the right to personal contact.

2. The President of the Child and Adult Protection Authority or a designated member leads the proceedings, makes notifications in cases provided by law, and is the competent authority for

a) ZGB Art. 134 para. 1: Application for new regulation of parental custody at the divorce or separation court;

b) ZGB Art. 134 para. 3: Approval of maintenance contracts and new regulation of parental custody and care;

c) ZGB Art. 265a para. 2: Acceptance of consent declarations from the father and mother for adoption;

d) ZGB Art. 287 para. 1: Approval of maintenance contracts;

e) ZGB Art. 298a para. 3: Consultation prior to parental declaration for joint custody;

f) ZGB Art. 314abis: Representation of the child;

g) ZGB Art. 318 para. 2: Acceptance of the child’s property inventory after the death of a parent;

h) ZGB Art. 318 para. 3 and Art. 322 para. 2: Ordering of the inventory and periodic accounting and reporting on the child’s property;

i) ZGB Art. 333 para. 3: Acceptance of notifications for measures regarding household companions;

j) ZGB Art. 363 and Art. 364: Review, interpretation, and supplementation of the precautionary mandate as well as introduction of the instructed person to their duties;

k) ZGB Art. 367: Review of the termination of the precautionary mandate;

l) ZGB Art. 382 para. 3: Representation of the legally incapacitated person;

m) ZGB Art. 405 para. 3: Ordering of the public inventory;

n) ZGB Art. 442 para. 5: Initiation of the transfer of the existing measure to the authority of the new residence;

o) ZGB Art. 445: Precautionary measures;

p) ZGB Art. 449b: Determination of representation entitlement in medical measures;

r) ZGB Art. 450g: Enforcement;

s) ZGB Art. 451 para. 2: Providing information on the existence and effects of a measure under adult protection law and granting access to records;

t) ZGB Art. 553 para. 1: Application for ordering an estate inventory.

1. The Department of Justice, Police, and Military is responsible for

a) CC Art. 721: Storage and disposal of found items;

b) CO Art. 406c para. 1: Authorization and supervision relating to professional marriage and partnership mediation for persons or by persons from abroad.

1. The Department of Economic Affairs is responsible for

a) CO Art. 246 para. 2: Enforcement of a donation condition in the public interest;

b) CO Art. 268b para. 1 and Art. 299c: Assistance with the right of retention;

c) CO Art. 451 para. 1: Deposit of a contested claim against the freight goods;

d) CO Art. 482 para. 1: Authorization for the issuance of warehouse warrants;

e) CO Art. 522 para. 2: Recognition of an annuity institution;

f) CO Art. 524 para. 3: Approval of the rules of an annuity institution;

g) CO Art. 1032: Deposit of the amount of an exchange;

h) CO Art. 1155 para. 2: Imposition of regulatory fines on warehouse keepers.

Note: "CO" stands for the Swiss Code of Obligations ("Obligationenrecht" in German).

1. The Official Commission is the competent authority for

a) Swiss Civil Code (SCC) Art. 30 para. 1: Approval of name changes;

b) SCC Art. 78: Initiation of legal action for the dissolution of an association;

c) SCC Art. 85: Amendment of the organization of a foundation;

d) SCC Art. 86: Amendment of the purpose of a foundation;

e) SCC Art. 106 para. 1: Legal action for the annulment of a marriage;

f) SCC Art. 171: Establishment and financing of marriage and family counseling centers;

g) SCC Art. 268 para. 1: Declaration of adoption;

h) SCC Art. 316 para. 1bis: Placement of foster children for the purpose of later adoption;

i) SCC Art. 441 para. 1: Supervisory authority in child and adult protection law;

j) SCC Art. 885: Authorization to accept a pledge on livestock without transfer of possession to financial institutions and cooperatives, including the approval of the relevant statutes and regulations;

k) SCC Art. 907: Approval of the pawnshop business;

l) Federal Act on Registered Partnerships (PartG) Art. 9 para. 2: Legal action for the annulment of a registered partnership.

2. The Official Commission is the supervisory authority over inheritance, civil status, and land registry affairs. It designates the official bodies responsible for these areas.

3. It designates the competent authority, office, or substitute persons by analogy in application of the competence order according to this title in cases where the competence required for the execution of the Swiss Civil Code and the Cantonal Introductory Law is not or is not fully regulated.

4. It appoints the child and adult protection authority.

1. The jurisdiction for the following tasks is determined by the social welfare legislation

a) Civil Code Art. 131 para. 1: Collection assistance for maintenance claims;

b) Civil Code Art. 290: Collection assistance for maintenance claims;

c) Civil Code Art. 293 para. 2: Provision of advances.

1. The deposit of rental payments (Art. 259g and Art. 288 CO) is to be made with the state treasury.

2. The approval of forms for the notification of terminations and rent increases (Art. 266l para. 2 and Art. 269d para. 1 CO) falls under the jurisdiction of the Cantonal Commission. The approval of mere form adjustments can be delegated to another authority.

1. The Cantonal Commission is responsible for the declaration of collective labor agreements as generally binding in the canton and for any potential annulments. For the procedure and measures in accordance with federal legislation, the Department of Economic Affairs is responsible.

2. The Cantonal Commission issues the normal employment contracts required under federal law, unless a different jurisdiction is established in another law.

1. In proceedings before administrative authorities within the meaning of this Act, and subject to specific provisions of this Act, the Administrative Procedure Act of April 30, 2000, (VerwVG) shall apply.

2. Subject to other provisions in this Act, administrative authorities shall charge fees for their activities under this Act up to CHF 10,000.

1. To the extent that federal law or a cantonal statute does not provide otherwise, an appeal against decisions based on this law may be filed with the State Commission within 30 days.

1. Appeals against decisions regarding protective custody and decisions made by the Commercial Registry Office, the Child and Adult Protection Authority, and the Civil Status Commission based on this law can be filed with the Commission for General Complaints of the Cantonal Court.

2. Unless otherwise specified by federal law, the appeal period is 30 days.

3. The court has full power of cognition. New claims and evidence are admissible.

4. In appeal procedures concerning child and adult protection, there are no court recesses, which must be indicated in the legal remedy instructions.

1. Publications prescribed by the Civil Code are to be carried out at the expense of the interested parties through the official publication medium designated by the competent authorities. Additional publication in other newspapers is at the discretion of the authorities.

2. The legally required announcement in the Swiss Commercial Gazette remains reserved.

3. The residents' registration office may publish or have published births, deaths, marriages, and partnership registrations if

a) those affected, in the case of births a parent and in the case of deaths the next of kin, have not requested a waiver of publication within seven days;

b) the media provided with the announcements remove any internet publications from their website no later than 20 days.

1. The public notarization within the meaning of the Swiss Civil Code is carried out by the competent land register officer or by notaries admitted by the cantonal council.

2. The prerequisites for admission as a notary, as well as the detailed regulations concerning the form and procedure, are governed by the Grand Council through ordinances.

3. The Administrative Procedure Act applies to the recusal of a notary.

1. The supervisory commission is responsible for overseeing the notarization activities.

2. It supervises the activities of the officiating officers and imposes sanctions if necessary.

3. In cases of professional misconduct, it can issue reprimands, impose fines up to CHF 20,000, and partially or entirely revoke the authorization to notarize. Additional disciplinary measures by the bar's supervisory authority remain reserved for attorneys.

1. Authorized Officials May Create Electronic Public Documents.

2. They May Electronically Certify the Conformity of the Electronic Copies They Produce with the Original Paper Documents and the Authenticity of Signatures.

1. If a person is unable to write, the document must be read aloud by the certifying officer in the presence of another person proficient in writing.

2. After the reading, the person must express their agreement with the content by marking a cross, which must be confirmed with a signature by the witness and the certifying officer.

3. If the person is also unable to mark a cross, the certifying officer must note this on the document.

1. If a person does not know the language in which the document is drafted, the certifying officer or another person fluent in both languages must translate it for them and certify in the document that the translation was carried out conscientiously.

2. The called-in translator may also be a witness.

1. Corporations existing in the canton with public welfare purposes, such as wood, communal lands, hydrant, pasture, mountain forest, and reed corporations, can be declared as public law entities by the Grand Council.

2. With recognition by the Grand Council, these corporations acquire legal personality, and their statutes and regulations become legally binding upon the corporation members (Art. 59 of the Swiss Civil Code).

3. Revisions of statutes are subject to renewed approval by the Grand Council.

1. Applications must be addressed to the Cantonal Commission, accompanied by the statutes and regulations, and then be submitted by the commission to the Great Council.

1. Foundlings acquire the citizenship of Appenzell if they are found in the inner part of the region, and that of Oberegg if they are found in the outer part of the region.

1. The Register of Matrimonial Property and the directories pursuant to Articles 9 et seq. and Articles 10 et seq. of the Final Title of the Swiss Civil Code are maintained for inspection by the authority responsible for land registry matters.

1. Child and adult protection is a matter for the canton.

2. For the canton, there is a child and adult protection authority as defined in Art. 440 of the Civil Code.

3. The authority consists of a president and at least four other members. The district of Oberegg is represented by a permanent member if possible.

4. The participation of at least three members is required for a decision by the authority.

1. Residential and care facilities that house persons incapable of judgment are subject to the supervision of the Department of Health and Social Affairs, unless oversight is already ensured otherwise.

2. The Child and Adult Protection Authority is additionally responsible for the supervision of foster children (Art. 316 of the Civil Code) and for other tasks assigned to it by cantonal law.

1. If members of authorities, officials, and employees of the canton, districts, and municipalities, as well as doctors, learn in their professional capacity that a person appears to be in need of assistance, they are obliged to report to the Child and Adult Protection Authority (Art. 443 para. 2 Swiss Civil Code).

2. They are exempt from official or professional secrecy within the scope of the legal reporting obligation.

1. The Child and Adult Protection Authority is affiliated with a professional guardianship service responsible for the implementation of official measures (Art. 400 para. 3 Swiss Civil Code).

2. The professional guardians assume the care and administration mandates that the Child and Adult Protection Authority does not assign to a private individual.

1. If the individual concerned does not have any assets or sufficient income, the compensation for the guardian, as determined by the Child and Adult Protection Authority, shall be borne by the canton (Art. 404 para. 1 of the Swiss Civil Code).

1. The Child and Adult Protection Authority supervises the guardians and may issue them instructions.

1. Any physician who holds a license to practice in the canton may order custodial placement for a maximum of six weeks (Article 429 of the Civil Code).

2. The medical decision for placement must be immediately delivered in writing to the person concerned and the selected facility, as well as notified to the Child and Adult Protection Authority.

1. If the facility or the referring physician considers a placement to be necessary beyond the medically ordered admission period, the facility or the physician shall submit an application for the continuation of the measures to the Child and Adult Protection Authority.

2. The application must be submitted no later than eight days before the expiration of the medically ordered admission period. The necessary documents must be attached to the application.

1. If there is a risk of relapse, an appropriate aftercare arrangement can be agreed upon between the facility and the departing person upon exit (Art. 437 para. 1 ZGB).

2. If no such agreement is reached and the facility is responsible for the discharge, the attending physician shall apply for appropriate aftercare with the child and adult protection authority before the discharge.

3. If the child and adult protection authority is responsible for the discharge, it shall obtain the opinion of the attending physician and decide on appropriate aftercare.

1. The Child and Adult Protection Authority may order outpatient measures to prevent a custodial placement (Art. 437 para. 2 Swiss Civil Code).

2. Permissible are those measures that appear suitable to prevent admission to a facility or to avoid a relapse. In particular, these include

a) the obligation to regularly seek professional counseling or support or to undergo therapy;

b) the obligation to permit regular monitoring of the medically prescribed medication intake by an appropriate professional body;

c) the imposition of a reporting obligation to an authority or professional body;

d) the instruction to abstain from alcoholic beverages and other addictive substances.

3. The Child and Adult Protection Authority may authorize the guardian or third parties to enter the residence of the affected person in their presence and to monitor compliance with the outpatient measures.

4. Outpatient measures can be part of aftercare.

1. The matter of inheritance falls under the jurisdiction of the canton.

2. The canton constitutes an inheritance district.

3. ...

1. The authority responsible for inheritance matters securely maintains wills (Art. 504 and Art. 505 of the Civil Code) and inheritance contracts (Art. 512 of the Civil Code).

2. It keeps a register of all outgoing and incoming documents.

1. The authority responsible for inheritance matters administers the estate with a public inventory in accordance with Art. 580 ff. of the Civil Code until it is taken over by the heirs.

2. The call for creditors with a public inventory pursuant to Art. 583 of the Civil Code must be published in the official publication organs at the place of residence and domicile of the deceased and, where necessary, in additional publication organs.

1. Each heir is entitled to request, in writing, the official assistance of the authority responsible for inheritance matters in the division of the estate (Art. 609 Para. 2 of the Civil Code). This right does not apply if an executor has been appointed or if a partition lawsuit has been filed.

2. The authority responsible for inheritance matters shall draft a partition agreement based on the records and the outcomes of any negotiations with the heirs.

3. If the authority considers an agreement to be futile or if not all heirs provide written consent to the proposed partition within the specified period, the procedure will be discontinued.

**1. All plants growing on a piece of land and their fruits, as long as they remain connected to the land, are considered integral parts thereof (Art. 642 Swiss Civil Code).**

**2. Existing fences and other enclosures (lying and standing fences) intended for the land are to be regarded as accessories to the land.**

1. The Grand Council is authorized to take necessary measures through regulations or special resolutions for the protection and preservation of antiquities, natural monuments, alpine plants, and other rare plants, to ensure the protection of landscapes, townscapes, and viewpoints from disfigurement, and to protect medicinal springs. It may establish penal provisions for these purposes.

2. It is authorized to protect and make accessible such antiquities, natural monuments, landscapes, townscapes, and viewpoints through compulsory expropriation, particularly by establishing a public-law easement. It may transfer this right to the districts or to charitable associations and foundations (Art. 702 of the Swiss Civil Code).

1. Entering foreign meadows, pastures, and forests is permitted for hunting and fishing rights holders to the extent that it can occur without damaging the landowner's property. Full compensation must be provided for any damages incurred.

1. The Pledging of Public Land and Corporation Property is Prohibited, Except When a Special Permission is Granted by the Grand Council for the Execution of Public Works (Art. 796 Swiss Civil Code).

1. The provisions of the Swiss Civil Code (ZGB) regarding the unilateral redemption of mortgage certificates (Art. 828 to Art. 830 ZGB) are applicable.

2. The amount of the redemption sum can be determined by official appraisal at the request of all creditors (Art. 830 ZGB).

1. A statutory lien, without entry into the land register, exists

a) with priority over all other liens in favor of property gains and transfer taxes, as well as for perimeter contributions to river corrections carried out by the state and for path repairs initiated by the district council as a substitute;

b) subordinate in favor of the state and municipalities for other statutory taxes on properties included in taxation, provided that the tax claim is asserted within one year from its due date.

2. The legislation reserves the right to establish further statutory liens (Art. 836 Swiss Civil Code).

1. The license to operate a pawnbroking business may be granted to public and charitable institutions or to individuals who can demonstrate good moral character and provide the necessary financial guarantees.

2. The professional commission may order an inspection of the pawnbroking business and establish further regulations.

1. The authority responsible for debt enforcement maintains the registration protocol for livestock pledging (Art. 885 para. 3 of the Swiss Civil Code).

1. Buildings may only be constructed on new sites at a distance of at least three meters from the neighboring boundary without the neighbor's consent. This provision applies to each individual part of the building.

2. Reservations are made for easements, which have already established how close to the neighboring boundary construction may occur (Art. 686 Civil Code), as well as differing provisions of building, fire, health, and road legislation.

1. In a party wall, chimneys, fire places, and other recesses may only be installed with the consent of the co-owner.

1. The depositing of wood, hay, litter, and similar materials, as well as the installation of small structures not considered permanent buildings, such as huts, sheds, and containers, may only be conducted in such a manner that does not require entry onto neighboring land.

2. Up to a height of two meters, such objects must be at least 50 centimeters away from other neighboring properties. For such deposits and for objects over two meters in height, the same regulations regarding distance from neighboring properties apply as for the construction of buildings.

1. The encroachment of branches and roots of fruit-bearing trees is to be permitted. The fruits that overhang into a neighboring property belong to the owner of the tree.

2. The collection of these fruits shall be conducted in such a manner that the neighbor is not harmed.

1. Trees with high trunks that are not fruit trees may only be planted at a distance of four meters from the adjacent property boundary, while fruit trees may only be planted at a distance of three meters. Dwarf trees and shrubs that are not maintained at a height exceeding three meters may be planted at a distance of 50 centimeters.

2. The distance for new forest plantings must be two meters from railways, six meters from meadowland, three meters from scattered land and grazing land, and two meters from forest soil. For existing buildings, the building regulations must be observed, and for roads, the road legislation must be adhered to.

1. Insofar as the structural restoration or cleaning of a building makes the entry or temporary use of the neighboring land essential, the neighbor must tolerate the same. However, the owner of the building is obligated to make use of this right with the utmost consideration for the neighbor and to provide prior and timely notice of the intended use.

2. If the neighbor incurs damage, the owner of the building is obliged to fully compensate him for it.

3. The same principles also apply to the restoration of existing wells.

1. If the closure of a public road removes access for a property, the property retains the necessary right of way over the abandoned section of the road up to its nearest junction with the public road, until such time as a sufficient road is provided free of charge.

1. In the ordinary pedestrian pathway right, the right is included to walk over the servient estate or on the designated path, but not the right to ride, drive, or herd livestock.

2. If nothing has been contractually agreed upon regarding this, the width of the unfenced pathway is at least 50 centimeters and for fenced paths, one meter. The airspace must be clear to a height of three meters.

1. Whoever has a "leading hand" right may lead held livestock along the path.

2. The mule paths typically permit the use of transport using pack animals.

3. On the Faselweg, there exists the right to lead and drive small livestock.

4. The Senntum right includes the entitlement to drive both large and small livestock.

5. The width of such paths is determined by local custom and necessity.

6. If a right of way is burdened by trade or commerce with increased usage, the entitled party must provide the owner of the encumbered property with appropriate compensation, which is to be set by the district council annually or on a case-by-case basis.

1. Anyone with a general right of way is permitted to drive vehicles and sleds over the path, as well as to ride and herd untethered livestock over it.

2. The width of the driving path must conform to local customs and requirements.

1. The Winter Driving Right extends, in the absence of special contracts, from October 23 to March 19, and the roads must be opened in a timely manner.

1. In cases of complete or partial clearing of forests as well as in large timber and stone transports, the gratuitous use of winter driving rights is only permitted from November 11th to the end of February. If such rights are used in March, the respective party may be required to compensate for any damages caused.

1. The winter driving rights may be used without charge for single-horse carriages. Carrying wood on the so-called half-wagon (known as wood railing) is prohibited. Driving with two horses is only permitted against compensation for damages.

1. The Right of Logging permits logging ("Resen") of timber from November 1st to the beginning of March.

2. When exercising the Right of Logging, the existing and nearest logging routes must be used.

3. The special provisions of the forestry legislation remain reserved.

1. Except where they concern state or district roads, public paths, bridges, and footbridges that serve third parties must be maintained in good condition by the owners or adjoining property holders.

2. Special rights and agreements remain reserved.

3. Disputes relating to the assertion of an existing right of way or the obligation to maintain roads, paths, bridges, and footbridges shall be decided by the judge.

4. Disputed driving and path rights, whose existence dates back to the period before the entry into force of the Civil Code, are considered to exist in cases of doubt.

1. In the event of inadequate maintenance of the various rights of way, the district council is obliged to ensure their proper upkeep by the responsible parties and, if necessary, to make the required arrangements at their expense.

2. The owner of a property inhabited during the winter is obliged to ensure that the church and school paths remain open under normal weather conditions. Complaints in this regard are to be submitted to the district council.

1. Where meadow lands adjoin meadow lands, and pasture lands adjoin pasture lands, the adjoining parties are required to jointly and equally construct and maintain the necessary fence, unless otherwise agreed. Anyone who, through the manner of using their property, for example, by grazing livestock, necessitates an enclosure, must construct the same (Owners of meadow or pasture lands in relation to forest and litter areas) (Art. 697 Swiss Civil Code).

1. Where pasture lands are adjacent to each other and one of the owners uses his part as a meadow or litter area, and likewise in the event that a meadow or litter area is converted into a pasture land, the relevant owners are obligated to maintain the required hedge jointly for three more years.

2. After the expiry of this period, the one who has converted his pasture land into meadow or litter areas is released from this obligation but is required to provide the neighbor or adjoining owner with a hedge that cannot be legally challenged.

1. Where grazing lands, which are adjacent to meadow areas, are also converted into meadow or litter areas, the owner is likewise obligated to maintain the fence for another three years.

2. After this period has elapsed, he is relieved of half of this obligation, but he is required to provide the adjoining landowner with a non-actionable fence.

1. Wood that has grown in a hedge forming the boundary between properties belongs to the person who is responsible for maintaining the hedge.

2. Upon the request of the adjoining property owner, such wood grown in the hedge must be removed at any time. This is subject to exceptions for individual trees, groups of trees, hedges, field woods, and bank woods protected by provisions of public law.

1. In forests, the timber standing on the boundary line belongs jointly to both adjoining property owners.

1. Newly erected, ordinary enclosures may be placed at the boundary, provided they are no higher than two meters.

2. Green hedges (living fences) may not be planted closer than 60 centimeters to meadows, but may be planted at the boundary with other properties.

3. Green hedges must not be left standing higher than two meters.

4. Deviating provisions of the construction and road legislation remain reserved.

1. The diversion of water from public water bodies, as well as from springs outside the district or the canton in question, is subject to the consent of the Cantonal Commission.

2. The Cantonal Commission examines whether existing rights or public interests are thereby harmed. It obtains the opinion of the relevant District Council.

3. An appeal against the decision of the Cantonal Commission can be lodged with the Grand Council within 30 days.

1. The Cantonal Commission decides in accordance with the Federal Act on the Utilization of Water Power of December 22, 1916 (Water Rights Act, WRA) on

a) the regulation of the relationship between the beneficiaries of use among themselves, including the arrangement of cooperatives, as well as the regulation of the legal relationship among the cooperative members, insofar as the same is not assigned to the ordinary courts according to Arts. 32 to 37 of the WRA;

b) the involvement of public-law entities and private individuals in contributing to the regulation of the water level and flow of lakes, and the creation of artificial reservoirs (Art. 15 WRA).

1. Ponds, canals, and other artificial water structures are considered private property.

2. The cleaning and emptying of water collectors, when they are supplied by stream or river water or diverted spring water, must be conducted in such a way that the owners of the properties situated downstream are not harmed.

3. For boundary waters, the rights of the adjacent cantons remain reserved.

1. Lakes, rivers, streams, and groundwater resources are public waters and as such, subject to traditional private rights and the restrictions specified in this law, are considered common property.

1. The maintenance of public waters, the extraction of materials from public waters, as well as the construction or alteration of protective and other structures in or on public waters are governed by the legislation concerning hydraulic engineering.

2. Where any type of waterworks facilities exist, unless otherwise agreed, the owners of these facilities are responsible for shoreline protection insofar as the facilities affect the water level.

1. No one shall obstruct or divert the water of streams and rivers by means of a dam or other means if doing so would impair or hinder others who have previously used the water from utilizing it.

2. The granting of state concessions for new waterworks installations is reserved, where the owners of the new installations must provide full compensation for any impaired or rendered impossible usage.

1. The Use of Water in Rivers and Streams for Bathing, Washing, Dipping, and Watering is Permitted for Everyone, Within the Limits Set by Police Regulations, Provided it Can Be Done without Causing Harm.

1. Regulation of the Utilization of Water Power of All Public Waters, Subject to Federal Provisions, Falls Within the Jurisdiction of the Canton.

1. The existing waterworks facilities are guaranteed to remain as they are, subject to restrictions imposed by federal legislation.

1. Modifications to the currently existing waterworks facilities and concessions that affect the water level, the flow of water, and the security of the banks require the approval of the Cantonal Commission.

1. For the construction and use of waterworks and reservoirs on public waterways, the extraction of water from public waterways, as well as the use of groundwater, a concession is required, subject to traditional private rights.

1. Concession applications must be submitted to the Cantonal Commission along with the plans, construction descriptions, and calculations, and these must be officially published by the Commission. The plans and descriptions shall be made available for public inspection.

2. Public law and private law objections must be submitted in writing to the Cantonal Commission within 20 days of publication. The Commission shall forward private law objections to the mediator.

3. Objections must be resolved before the concession is granted.

1. The Standing Commission decides on the concession application after all objections have been resolved.

2. If the construction of a waterworks requires a reservoir that submerges an area of at least 20 hectares of fertile land, the concession can only be granted by the Landsgemeinde.

3. The concession stipulates the necessary requirements for the use, in particular its content, scope, and duration, as well as the conditions under which the creation of the facility and the utilization or possible transmission of the generated power or water is permitted.

4. An administrative fee is charged for the concession procedure.

1. If there are multiple concession applications for a use, preference shall be given to the one that promises the greatest advantages for the general public.

2. Applications from districts and public legal corporations generally take precedence over private concession applications.

3. In all cases, the canton retains the right to reserve the water power for a project to be executed by the canton itself and to refuse the concession.

1. The Licensing Commission may make the permission to commence construction work conditional upon the submission and approval of technical detailed plans, a financial statement, proof of insurance, or a security deposit.

1. The concession lapses if the facility is not constructed and put into operation in accordance with the plan and description within three years from the grant date. The State Commission may, upon a well-founded request, grant a reasonable extension of time.

2. The State Commission may withdraw the concession if the enterprise is not operated in a rational manner for three consecutive years, if new applicants for the concession emerge, or if other significant reasons justify such action.

1. No concession shall be granted for a period exceeding 70 years.

2. An application for renewal may be submitted no later than two years before the expiration of the term. If such an application is not submitted or if the renewal is denied, the respective water power shall revert to the state for free disposal.

3. If the installation ceases to operate, the State Commission shall require the former concession holder to undertake, at their own expense, any construction work that appears necessary to prevent damages that may result from the cessation of the installation. The judge shall decide on private claims that exceed the orders of the State Commission.

1. Unless stated otherwise in the concession, the procedure for a new concession shall apply mutatis mutandis to the renewal, extension, or takeover of a concession.

1. In any case, the Standards Commission shall examine which provisions regarding the repurchase of the facility or its gratuitous reversion as well as the limitation of the tariff in favor of the cantonal residents should be included in the concession.

1. In the case of boundary waters, communication with neighboring cantons is reserved.

1. The canton is entitled to levy an annual water fee for new installations or significant expansions of existing waterworks within the cantonal territory.

2. If water is diverted out of the canton or if a dam is constructed to serve a facility located outside the canton, an appropriate annual compensation to the state shall also be determined.

3. A fee ranging from 2 centimes to 40 centimes per cubic meter and year is levied for water usage. The fee is based on the anticipated economic benefit derived from the usage.

4. The payment period begins with the commencement of the operation of the facility.

1. Whoever unlawfully constructs new waterworks, significantly alters existing ones, or undertakes power transmissions or other water uses shall be fined from CHF 1,000 to CHF 20,000 and be obliged to provide full compensation for damages.

2. Additionally, the Cantonal Commission may demand the removal of the construction or alteration or arrange for such at the expense of the responsible parties.

1. Anyone who violates the provisions of the concession or engages in concession-required usages without a concession shall be fined between CHF 500 and CHF 10,000. In case of recurrence, the concession may be revoked.

2. Civil law claims are reserved.

1. If waterworks or protective structures are inadequately maintained, the regulatory commission is authorized to take the necessary measures at the expense of the obligated parties.

1. Existing and new water rights concessions may, provided they comply with Article 56 of the final title of the Swiss Civil Code (ZGB), be entered in the land register as independent and perpetual rights.

1. The canton constitutes a land registry district.

2. The costs of maintaining the land registry are borne by the canton.

1. The appointment of the head of the authority responsible for the land registry and their deputies is made by the Commission of Officials.

2. ...

1. Fees for notarizations and for registrations in the land register are charged based on the effort involved or in proportion to the transfer value or to the pledge amount of the underlying legal transaction.

2. If the fees are charged based on effort, they amount to Fr. 10.-- to Fr. 5,000.--. In the case of proportional fee charging, they amount to two per mille of the transfer value or the pledge amount, but at least Fr. 100.--.

1. The conditions under which the announcement and awarding take place must be made known prior to the auction.

2. A protocol must be recorded for each auction. In it, unless otherwise stated in the auction conditions, only the bid upon which the award is made should be entered.

1. Auctions of real estate and notes must be publicly announced at least eight days prior to their occurrence.

2. The responsible land registry official conducts these auctions in an appropriate venue. He is prohibited from making an offer either for himself or on behalf of others during the auction.

3. The records of real estate and notes auctions must be officially retained.

1. Before any real estate auction, the auction protocol to be prepared must be made available for public inspection for at least three business days and then must be approved by the regulatory commission.

2. At the auction event itself, the approved auction protocol must be read aloud.

1. In all auctions conducted without the involvement of an authority or official body, the name of the seller of the auction items must be indicated in the publication and at the commencement of the auction.

2. Failure to comply with this provision shall be penalized by the district authority with a fine ranging from CHF 50 to CHF 250.

1. The inducement of customers through the gratuitous distribution of alcoholic beverages is prohibited.

1. Creditors of a spouse who continues to live under the marital property regime of community property after the Federal Act of October 5, 1984, can request the District Court President to order a separation of property if they have incurred a loss during enforcement proceedings against the spouse through seizure (Art. 115, 149 DEBA).

2. The wife, who continues to live under the marital property regime of community property after the entry into force of the Federal Act of October 5, 1984, can request the District Court President to order the securing of her contributed property if the husband refuses such a measure.

3. If a surviving spouse continues to live with the common children under a continued community property regime following the enactment of the Federal Act of October 5, 1984, creditors who have incurred a loss during enforcement proceedings through seizure against the spouse or one of the children may request the District Court President to dissolve the community of property. If the dissolution is requested by a child's creditors, the other parties involved may demand the child's exclusion.

1. The mortgage certificates existing at the time the Swiss Civil Code (ZGB) comes into force shall remain valid in accordance with the provisions of the Act on the Pledging of Real Estate dated April 27, 1884, as well as the explanation of the same Act dated March 11, 1897 (Art. 22 Final Title ZGB).

2. The costs of converting and reissuing mortgage certificates shall be borne by the creditor and debtor jointly and in equal shares.

1. Until the Federal Land Register comes into effect, the land register effect according to the Swiss Civil Code (ZGB) applies with regard to the creation, transfer, amendment, and extinction of property rights by the entry or registration in the cantonal land register, which consists of the servitude, land change, and mortgage protocol. Excluded from this is the land register effect in favor of the bona fide third party (Art. 48 SchlT ZGB).

2. Instead of the servitude, land change, and mortgage protocols, the cantonal land register can also be maintained using electronic data processing. The provisions for the design are applied mutatis mutandis to those for the federal land register.

3. The Great Council is authorized to order the registration of easements successively for individual districts or parts thereof, even before the introduction of the Federal Land Register.

4. The Great Council can order that the land register be maintained via electronic data processing. It regulates the technical details in an ordinance and determines access rights within the framework of federal regulations.

1. For alps and pastures that are owned

a) by alpine associations with independent share rights, or

b) * by the Canton of Appenzell I.Rh. with independent share rights on the same,

a register of alps is maintained by the authority responsible for the land registry, which forms part of the land register and in which all share rights must be recorded.

2. The acquisition of share rights and real rights in such requires entry in the register of alps. These entries have the same effect as entries in the land register for the share rights.

3. The Great Council shall issue the necessary provisions regarding the establishment and maintenance of the register of alps.

1. Ongoing Proceedings and Orders of Inheritance Authorities Transfer to the Cantonal Office Responsible for Inheritance Matters with the Entry into Force of the Revision on April 28, 2024.

1. The Grand Council issues the regulations necessary for the implementation of this law and federal civil law.

2. In particular, it issues the implementation provisions necessary for land registry management, which specifically have to address the introduction of the Federal Land Registry, ongoing land registry management, land registry organization, and cantonal land registry forms.

3. The Board of Commissioners regulates the requirements for the supervision of foundations and for electronic notarization and authentication.

1. Upon the entry into force of this law, all decrees that contradict it shall be repealed, in particular the Introductory Act to the Swiss Civil Code of April 30, 1911 (EG ZGB).

1. This law shall come into force, subject to the approval of Art. 6, para. 1, al. 11, and Art. 97, para. 1 by the Federal Department of Justice and Police, following acceptance by the Landsgemeinde on January 1, 2013.