Introduction to the Federal Law on Rural Land Rights (ILFRL), of October 4, 1993 (EGBGBB)

The purpose of this law is to ensure the implementation of federal legislation on rural land rights.

1 The Council of State appoints, at the beginning of each administrative period, an agricultural land commission composed of members who are practitioners in the profession of agriculture or experts in the agricultural or land domain.

2. It designates the president and enacts the necessary regulations concerning the organization of the commission.

The Agricultural Land Commission is competent to

a) authorize exceptions to the prohibition on the material division of an agricultural business and the subdivision of an agricultural property;

b) authorize the acquisition of an agricultural business or property;

c) authorize a loan exceeding the maximum allowable charge for agricultural properties;

d) require the land registry to note agricultural properties located within the construction zone that are governed by rural land law and to note non-agricultural properties located outside the construction zone that are not governed by rural land law;

e) assess or approve the yield value of an agricultural business or property.

[2] The State Council may delegate to an independent body, separate from the administration, the responsibility of estimating the yield value of a business or an agricultural property.

[3] 1 The supervisory authority is the department designated by the Council of State.

2. The department is competent to lodge an appeal before the Cantonal Court against the authorizations and decisions issued by the agricultural land commission concerning the physical division of agricultural enterprises, the subdivision of agricultural properties, and the acquisition of agricultural enterprises and properties.

[4] The Cantonal Court is designated as the appellate authority.

[5] Subject to the mandatory provisions of federal law, the procedure is governed by the Administrative Procedure Act (APA) of March 18, 2025.

1. Decisions of the agricultural land commission are subject to fees.

2. The State Council sets the fee schedule.

3. The expenses are the responsibility of the applicants or interested parties.

"Land improvement syndicates have a right of pre-emption on agricultural properties located within their perimeter if the acquisition serves the purposes of their operations."

1. A right of preemption is established on mountain pastures, provided that the area is not less than ten hectares.

2. The following can exercise the right of preemption

a) Mountain pasture associations that have been recognized as such, following an investigation, for at least one year by the competent department, which maintains the list; only cooperative societies and associations corporately grouping livestock owners domiciled in the canton, numbering at least seven, are admitted and retained on the list, provided that no person or small group of persons exercises control due to a dominant financial position.

b) Breeding associations approved under the Law on Livestock Improvement and Placement, dated October 18, 1982, and local milk producers' societies, as defined by the Federal Order on the Milk Status, dated September 29, 1953, having their headquarters in the canton; these associations are automatically and promptly registered on the list of beneficiaries of the right of preemption.

**Rights of Preemption are Exercised in the Following Order of Preference:**

a) land improvement syndicates;

b) alpine or livestock syndicates and local milk producers' cooperatives.

1. The competent authorities under the former law shall rule on the pending proceedings at the time of the entry into force of this Act.

2. The means of appeal are governed by the new law.

Articles 2, number 4, and 100 of the law concerning the introduction of the Swiss Civil Code, of March 22, 1910, are repealed and replaced by the following provisions

Repealed

a) Article 60 of the Act concerning the introduction of the Swiss Civil Code, dated March 22, 1910 [12];

b) the Act concerning the introduction of the Federal Law on the Debt Reduction of Agricultural Estates, dated June 25, 1947 [13];

c) the Act of Introduction to the Federal Law on the Maintenance of Rural Land Ownership, dated December 19, 1952 [14].

1. This law is subject to an optional referendum.

2. The Council of State shall, if necessary, provide for its promulgation and execution. It shall set the date of its entry into force.

Law promulgated by the Council of State on 29 November 1993.

The entry into force is set with effect from 1 January 1994.