Ordinance on the Federal Act on Rural Land Law - Purpose

1. This ordinance regulates the enforcement of federal legislation concerning rural land law.

1. The Land Rights Commission consists of five members. The head of the Office for Agriculture is a member of the commission ex officio, serving as the chairperson. The other members are appointed by the Government Council. The commission reaches a quorum when at least three members are present.

2. The Land Rights Commission is responsible for

a) the approval of exemptions from the prohibition on real division and fragmentation,

b) the approval of the acquisition of agricultural businesses and properties,

c) determination orders.

3. The Land Rights Commission also initiates annotations in the land register.

1. Pledged Loans Exceeding the Burden Limit Require Approval from the Office of Agriculture.

1. The estimation of the capitalized income value or its approval is carried out by the Property Assessment Authority.

1. The Executive Council shall appoint an independent supervisory authority in accordance with Art. 90 para. 1 lit. b of the Swiss Civil Code (BGBB).

1. Appellate Instance under Article 90 Paragraph 1 Letter f of the BGBB is the Superior Court.

1. Agricultural enterprises are subject to the provisions regarding agricultural businesses, provided that their management requires at least 0.8 Standard Labor Units (SLU).

1. Concerning the Allocation of Agricultural Enterprises and Properties as well as Purchase Rights and Profit Claims under Inheritance Law, the Municipal Council Decides in Case of Dispute.

1. The single judge of the Cantonal Court shall adjudicate requests concerning authorization for the sale of an agricultural enterprise or a co-ownership share thereof (Art. 40 para. 2 of the Federal Act on Agricultural Holdings).

1. Insofar as federal law and this ordinance do not provide otherwise, the procedure is governed by the provisions of the Administrative Procedure Act. The provisions of the Ordinance on Official Property Appraisals apply to the appraisal procedure.

2. If procedural coordination is necessary according to Art. 4a of the Ordinance on Agricultural Land Law, the Land Law Commission forwards the files to the Office for Spatial Planning and Forestry and only makes a decision after the spatial planning decision has become legally binding.

1. The Land Rights Commission maintains a record of the sale prices of agricultural properties.

1. The Ordinance of the Government Council of January 3, 1984, on Official Property Assessments (Tax and Mortgage Assessments) is amended as follows

The amendments have been incorporated into the relevant decree.

2. The Code of Civil Procedure of April 27, 1980, is amended as follows

The amendments have been incorporated into the relevant decree.

1. Upon the entry into force of this regulation, the following are repealed

a) the Ordinance of March 24, 1952, relating to the Federal Act of June 12, 1951, on the Preservation of Agricultural Holdings;

b) the Ordinance of May 29, 1947, relating to the Federal Act of December 12, 1940, on the Debt Relief of Agricultural Homesteads;

c) the Ordinance of November 17, 1953, on the Commercial Brokerage of Agricultural Properties.

1. This regulation shall enter into force on January 1, 1994, following approval by the Federal Department of Justice and Police.