Legislator Case Law & Legislation
117.460 CH-BS

Agreement between the Canton of Basel-Stadt and the Canton of Basel-Landschaft on the Relocation of the Cantonal Border near the Batterie

10 Articles / Provisions · Switzerland · Canton of Basel-Stadt
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Table of Provisions (10)

Statutory Text (10 Articles)

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1. The course of the new boundary is determined by the coordinates of the new locations of the boundary markers as recorded in the Boundary Regulation Plan of September 2, 1952.

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1. From the side of the Canton of Basel-Landschaft and the municipality of Bottmingen, the following areas are ceded to the Canton of Basel-Stadt for unification with the urban canton territory and with the sovereign territory of the municipal community of the city of Basel

a) An area, marked in yellow on the border regulation plan dated September 2, 1952, of 6,848.0 m²,

b) An area, marked in yellow on the border regulation plan dated September 2, 1952, of 5,006.0 m².

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1. The following areas are ceded by the Canton of Basel-Stadt and the municipality of the City of Basel to the Canton of Basel-Landschaft for incorporation with the territory of Basel-Landschaft and the Bann of Bottmingen

a) an area marked in red in the boundary regulation plan of September 2, 1952, amounting to 11,604.0 m²,

b) an area marked in red in the boundary regulation plan of September 2, 1952, amounting to 250.0 m².

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1. The demarcation of the new boundaries shall take place in the presence of a representative of the Bottmingen municipal council and the cantonal surveyors of the participating cantons. A record of the demarcation is to be drawn up in six copies and signed by all the delegates. One copy of this record goes to the Bottmingen municipal council, two copies to the canton of Basel-Landschaft, and three copies to the canton of Basel-Stadt.

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1. The rectification of land registry plans is to be performed in accordance with the directives issued by the competent supervisory authorities.

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1. The building and street lines according to Plan No. 6702 dated October 1, 1952, from the Urban Planning Office Basel-Stadt are recognized by all contracting parties involved (Canton of Basel-Stadt, Canton of Basel-Landschaft, Municipality of the City of Basel, Municipality of Bottmingen) as the basis for the mutual connection of the street networks on both sides, with the understanding that modifications to the building and street lines and the green zones contained in the plan, within a strip of 60 meters wide on both sides of the new borders (from boundary stone No. 65 to boundary stone No. 70), require the unanimous consent of all contracting parties.

2. The Municipality of the City of Basel and the Municipality of Bottmingen further commit to establishing and maintaining the promenade along the Rappenbodenweg as provided in Plan No. 6702, between Oskar Frey Street and Gemeindeholzweg.

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1. The contracting parties undertake to carry out land reallocations on both sides of the new borders according to the principles applicable to the implementation of land reallocations, with the proviso that those plots which, as a result of the border shift, end up in the territory of the other canton, are to be newly allocated in the former territory. This does not apply to parcel 2104 of the land register Bottmingen (owned by the Canton of Basel-Landschaft), which remains in the territory of the Canton of Basel-Stadt after the border shift.

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1. The canton of Basel-Stadt undertakes never to assess parcel 2104 of the Bottmingen land register for tax purposes at a higher value than is done by the canton of Basel-Landschaft and the municipality of Bottmingen with respect to the area owned by the resident municipality of the city of Basel, located west of Predigerhofstrasse (designated in plan No. 6702 as Register No. Bottmingen 2544).

2. The parcels 2104 of the Bottmingen land register and Bottmingen Register No. 2544 will not be developed in accordance with mutual governmental assurances. However, if the parcel Bottmingen Register No. 2544 must be taxed as building land contrary to these assurances and contrary to the draft of the Basel-Landschaft ordinance on cadastral valuation for cantonal or municipal taxes, the resident municipality of the city of Basel is entitled to develop it. Until the issuance of the aforementioned ordinance on cadastral valuation, the two parcels 2104 of the Bottmingen land register and Bottmingen Register No. 2544 will be assessed as non-developable land.

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1. The costs arising from the boundary adjustments for the production of contract plans, for staking and demarcation, shall be borne by the Canton of Basel-Stadt, the Canton of Basel-Landschaft, the municipality of the City of Basel, and the municipality of Bottmingen, each contributing one quarter.

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1. This Agreement has been drawn up in triplicate; it is subject to the approval of the municipal assembly of Bottmingen, the Grand Council of the Canton of Basel-Stadt, and the Cantonal Parliament of Basel-Landschaft and is to be communicated by the Department of Justice of the Canton of Basel-Stadt to the Swiss Federal Council for all contracting parties. The Agreement shall enter into force on the date of the last approval.

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