Cantonal Geoinformation Act (KGeoIG) - Purpose (KGEOIG)

1. This Act aims to ensure that geospatial data is available to federal, cantonal, and municipal authorities, as well as to the economy, society, and science, for wide use, sustainably, up-to-date, promptly, easily, in the required quality, and at reasonable cost.

1. This law regulates

1. the maintenance and publication of the geospatial data of the federal and cantonal law as well as other geospatial data of the canton;

2. subsidiarily, the competency for the collection and updating of these data;

3. the collection, management, and updating of the official survey data as well as the management of the cadastre of public-law property restrictions;

4. the management of the cadastre of infrastructure lines.

1. The definitions contained in the federal legislation on geoinformation also apply to this Act and its implementing provisions.

2. In addition, the following terms shall mean in this Act

a) Geodata Hub: Infrastructure for the electronic publication or provision of geodata;

b) Specialized Office: Cantonal authority responsible for the collection and updating of geodata.

1. Persons entrusted with the collection of geospatial data under cantonal law are entitled to enter private and public properties to the extent necessary for the fulfillment of their duties. They must exercise their right as gently as possible. The corresponding provisions of federal law apply mutatis mutandis.

1. The qualitative and technical requirements for the geospatial base data of the cantonal law and the other geodata of the canton, as well as the related geometadata, are to be specified in such a way that simple exchange and broad usage are possible.

2. Internationally or nationally recognized standards for geodata and geometadata should be taken into account, as far as possible and professionally appropriate.

3. The government may authorize the office to issue directives regarding the qualitative and technical requirements.

1. The government designates the geobase data of cantonal law and determines the respective access rights.

2. It determines the responsibilities for the collection, updating, and management, in the absence of an appropriate regulation.

1. The government may authorize cantonal agencies to provide services in the field of geoinformation.

2. Technical departments may make other geodata of the canton publicly accessible.

3. The services and publications must be closely related to the function of the agency.

1. The authority responsible for collecting, maintaining, and managing ensures the sustainable availability of the geospatial base data.

2. It must ensure that the data is provided to the cantonal geodata hub in a timely manner.

3. The government regulates the archiving and historicizing of the geospatial base data under cantonal law, as well as the corresponding responsibilities.

1. The government issues regulations regarding the qualitative and technical requirements for geoservices.

2. It governs cross-sectoral geoservices, particularly for the search and metadata service.

3. It determines the minimally required geoservices to be provided for geospatial base data under cantonal law.

1. The canton operates a geodata hub, which at least provides the geobase data of federal and cantonal law for its territory.

2. It is the central distribution office in the canton.

1. The canton may transfer the operation of the cantonal geodata hub, in whole or in part, to third parties, or collaborate with them regarding the publication and provision of geodata.

2. For this purpose, it may also establish or participate in a legal entity of public or private law jointly with private individuals or public-law corporations.

1. Municipalities may operate or have operated their own geoinformation hubs with geodata, which can provide data about their territory.

2. If they contain geobase data of federal and cantonal law, these must correspond in terms of timeliness and quality to those on the cantonal data hub. The government may provide for exceptions to this.

1. The cadastral surveyors are authorized to issue data from the official cadastral survey within their maintenance municipalities.

1. The authorities of the canton, regions, and municipalities grant each other simple and direct access to geobase data.

1. Publicly accessible geobase data can be viewed free of charge.

1. Publicly accessible geospatial base data can be obtained free of charge.

1. The government is responsible for

a) concluding multi-year program agreements with the federal government;

b) establishing long-term surveying programs;

c) determining the canton's contributions to the work of official surveying;

d) approving the official survey;

e) defining the positional reference system and reference framework;

f) setting and approving the canton boundaries.

2. The decisions of the government according to paragraph 1 are final.

3. It may expand the content of the official survey as prescribed by federal law if a general and permanent need justifies it.

1. The Department is responsible for

a) the election of the members of the Nomenclature Commission;

b) the handling of objections concerning the marketing, surveying, and designation of areas with permanent land shifts;

c) other tasks assigned to it by the government.

1. The competent authority is responsible for the execution of official surveying, unless another entity is designated as responsible.

2. In particular, it is responsible for

a) the supervision of the official surveying, as well as the management and technical inspection of the official surveying;

b) the renewal and periodic updating of the surveying records, as well as the initial recording of building addresses and secondary surveys due to property consolidations;

c) the special adjustments of surveying records of exceptionally high cantonal or national interest;

d) collecting, updating, and managing the position reference points of Category 2;

e) the creation and updating of the base map of the official surveying;

f) the conclusion of performance agreements with the federal government;

g) the issuance of technical and administrative directives;

h) the coordination of other surveying projects with the official surveying;

i) the approval of contracts between municipalities and the engineering surveyors who are entrusted with tasks related to official surveying.

1. Municipalities are responsible for

a) boundary determination and marking;

b) the initial survey;

c) surveys conducted due to natural events that are equivalent to an initial survey;

d) the continuous updating and maintenance of official surveying;

e) the selection of an engineer-surveyor for the management and continuous updating of official surveying;

f) the election of the boundary commission;

g) designation and demarcation of areas with permanent soil movements;

h) the determination of street names and house numbers;

i) the naming and demarcation of postal localities after consultation with the Swiss Post;

j) the implementation of projects assigned to the municipalities by the government;

k) the provision of official surveying data to the canton.

1. Once the boundaries for a survey plot or a demarcation sector are established, the Land Commission announces the completion of the demarcation work in the Official Gazette and in the usual local publication mediums, and makes the demarcation sketches publicly available.

2. Within 30 days of publication, any person who demonstrates a legally protected interest may submit a written objection to the Land Commission. The objection must include a petition, the facts of the case, and a justification.

3. The Land Commission, with the assistance of a chartered surveyor, aims to reach an agreement as quickly as possible between the involved landowners. If reaching an agreement is impossible, the commission forwards the objection, along with the minutes of the negotiation meeting and related documents, to the Department for a decision.

4. If the Department is unable to decide the matter, it grants the objector a period of 30 days to file a potential lawsuit in civil court.

1. After examining the survey work, the office shall make the components of the official survey publicly available for 30 days. The availability shall be announced in the Cantonal Gazette and through the customary local publication channels.

2. Property owners whose addresses are known will additionally be informed by regular mail about the availability, with details of the affected parcel numbers, their areas, and the legal remedies available to them.

3. Upon request, the property owner shall be provided with an extract copy from the plan for the land register, subject to a fee.

1. During the publication period, anyone demonstrating a legally protected interest may submit a written objection to the Market Commission. The objection must include a petition, a statement of facts, and a justification.

2. Matters that have already been the subject of the marketing procedure can no longer be the subject of an objection.

3. The Market Commission, with the assistance of the cadastral surveyor, seeks to reach an agreement between the involved property owners as quickly as possible. If an agreement is impossible, it forwards the objection, along with the minutes of the conciliation hearing and the associated documents, to the competent department for a decision.

4. If the department cannot decide on the matter, it sets a deadline of 30 days for the objector to file a potential lawsuit through civil proceedings.

1. If an official survey is subsequently to be altered due to an agreement or a judgment, and the reasons leading thereto could have been presented during the initial survey process, the costs shall be borne by the beneficiary property owner.

1. Areas with permanent soil movement must be designated by the municipality and delineated on a special map. This map shall be made publicly available for 30 days.

2. The procedure is governed by the publication and objection process of surveying.

3. The municipality reports the inclusion of properties in an area with permanent soil movement for notation in the land register. The notation is free of charge.

1. The maintenance surveyor is responsible for the management and continuous updating of the original and authoritative inventory of the official survey.

2. The municipality provides the maintenance surveyor with all necessary notifications for the continuous updating of the official survey.

1. A current set of official cadastral survey data must be available for inspection and submission at the geodata hub at all times.

2. The updating surveyor shall provide the canton with the data specified by the government in electronic form after each change, within the timeframe set by the government. The remaining official cadastral survey data must be transmitted to the canton at least monthly after any changes.

3. The updating surveyor is responsible for the accuracy and currency of the data delivered to the canton.

1. The municipalities are obligated to report determinations and changes of the geographical names designated by the government to the official surveyor or surveying authority.

1. The costs remaining after the deduction of the federal contribution for the determination and marking of property boundaries shall be borne by the municipalities.

1. The canton provides contributions to the initial survey as well as to measures taken as a result of natural events that are equivalent to an initial survey. The contributions amount to 60 percent of the eligible costs remaining after the deduction of federal contributions.

2. The canton covers the costs of surveys for which it is responsible, after deducting any contributions from third parties.

3. The costs of additional requirements are generally borne by the public entity that decides on them. If there is both cantonal and municipal interest, costs may be shared proportionately. The public entity that decides on the additional requirement bears at least 50 percent of the costs.

**1. The Canton shall bear the maintenance costs of the Category 2 fixed points and the base plan, insofar as these are not covered by the Confederation.**

1. The municipalities bear the remaining costs for marketing and surveying work for which they are responsible, and which remain after deducting the federal and cantonal contributions.

2. They are entitled to require landowners, holders of independent building rights, and third parties who directly or indirectly benefit from the surveying to contribute to the costs. In the cost distribution, non-subsidizable expenses of the municipality for marketing and surveying may also be considered.

3. The costs for work related to the restoration of survey and boundary markers or that arise due to boundary disputes are borne by the party responsible.

1. The Distribution of Residual Costs Among Private Interests Shall be Based on the Benefits Derived by Them. The Principles for Cost Distribution Are to Be Decided by the Municipality.

2. Possible Criteria Are

a) the Area and Number of Surveyed Parcels;

b) the Number of Boundary Markers;

c) the Assessed Value of the Surveyed Properties.

1. For the calculation of the costs eligible for credit of the federal and cantonal governments, the following are notably excluded

a) the costs of maintenance;

b) the costs arising from additional municipal requirements;

c) the municipal administrative costs;

d) the compensations paid to municipal bodies for their participation in marking and surveying;

e) the costs of public disclosure and handling of objections;

f) the compensation for cultural damages incurred during the marking and surveying work;

g) the interest on advances for marking and surveying work;

h) the additional costs arising from contractual or regulatory violations by the contracting parties;

i) the work carried out without contract or order;

j) the costs of resolving contradictions pursuant to Article 14a VAV;

k) the costs for signage of street names and house numbers.

1. The costs of ongoing updates shall be borne by the natural or legal person who causes them.

2. If they cannot be charged to the responsible parties, the costs shall be borne by the municipality.

1. The municipalities bear the costs for the securing and insurance of the components of the official surveying.

1. The canton may contribute to pilot projects and other efforts for the development of official surveying.

1. The office may record position benchmarks and elevation benchmarks in the land register free of charge.

1. Municipalities shall establish and maintain a digital line cadastre according to the technical specifications set by the government.

2. The line cadastre shall at minimum indicate

a) the geographical location of the permanent lines with their above-ground and underground structures for supply and disposal;

b) the transported medium;

c) the owner.

3. The owners of the lines or works shall provide the municipality or canton with the line data in an appropriate form free of charge.

4. The government shall determine the access rights.

1. The canton may maintain a digital overview of the utility lines, which includes the geographical location of the permanent lines with their above-ground and underground structural facilities for supply and disposal, as well as the transported medium.

2. The municipalities shall provide the utility line data to the canton free of charge in an appropriate format.

1. The canton maintains a register of public-law restrictions on property ownership in accordance with the requirements of federal law.

2. The government determines which property ownership restrictions under cantonal and municipal law are to be included in the register.

1. The canton may delegate the administration of the cadastre, in whole or in part, to third parties.

2. For this purpose, it may also establish, or participate in, a legal entity governed by public or private law, together with private individuals or public-law bodies.

1. This law is subject to an optional referendum.

2. The government determines the date of this law's entry into force.