Kanton Glarus

General

1 The following provisions serve to protect the public interest in skiing.

2 Ski slopes may only be used if the snow cover is sufficient and the landowner does not suffer sustainable damage.

Forest and Pasture Areas

1 All forest and pasture areas may be entered and traversed for the purpose of practicing skiing.

General Ski Area

1 The creation of ski slopes and the practice of skiing on ski slopes, ski runs, training areas, and marked ski hiking trails and cross-country ski trails, even outside the actual forest and pasture areas, must not be hindered. They are to be kept free of obstacles such as fences, the laying out of fertilizer and manure, etc.

2 Ski slopes may not be motorized, with the exception of piste vehicles.

3 Prohibited is the driving on and entering of public and private garden areas, nurseries, the immediate vicinity of farmyards around settlements, recognizable or fenced-off cultivated areas, and young forest growth.

Duty to Keep Clear

1 The locally competent municipal council must, if necessary, require landowners to temporarily remove disruptive obstacles and to refrain from actions which make the practice of skiing and ski touring difficult or impossible.

New Installations

1 New ski slopes, ski runs, practice areas, ski touring trails, and cross-

country ski trails should only be laid out after prior consultation with the

landowners.

SBE III/3 204

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III B/1/2

### Duty to Compensate

1 The costs for the temporary removal of fences and other obstacles, as well as damage verifiably suffered by the landowner due to the use of their land, shall be reimbursed to the landowner.

2 Those obligated to compensate, in proportion to their interest, are the investors of the piste, the piste operators, ski lift or other transport companies or organisations, as well as the communes concerned.

3 If the parties involved cannot agree on the duty to compensate, the National Valuation Commission shall decide. An appeal against its decision may be lodged with the Administrative Court within 30 days. The Administrative Court may also review the appropriateness. *

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Expropriation

1 Upon application by the persons, organizations, and municipalities referred to in Article 6 paragraph 2, the Government Council may, for the purpose of constructing and operating aerial cableways and ski lifts, as well as for securing ski slopes, ski runs, or ski practice areas against overdevelopment, establish corresponding easements or, if necessary, exercise the right of expropriation. *

2 The procedure is governed by the cantonal provisions on expropriation¹). Prior consultation with the affected landowners is required.

3 The restrictions on ownership according to paragraph 1 are those of public law. They give rise to a claim for compensation if their effect is equivalent to an expropriation.

4 The restrictions on ownership may be combined with appropriate conditions to be borne by those interested therein.

5 The compensation claims of third parties arising from the restrictions on ownership must be borne by the applicants and secured upon corresponding order of the Government Council. *

1. Der Rechtsschutz gegen Verfügungen gestützt auf dieses Gesetz richtet sich nach dem Verwaltungsrechtspflegegesetz[[2]](#paragraphtext_content_fn_129573_2_2_c).

2. Beschwerdeinstanz gegenüber Verfügungen des Gemeinderates ist das für das Landwirtschaftswesen zuständige Departement.

Entry into force

1 This Act comes into force on 1 July 1971.

1) Arts. 148-158 Introductory Act to the Civil Code (RS III B/1/1)

2) RS III G/1

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