Ordinance on the Expropriation of Cultivated Land - Principle

1. This regulation governs compensation in the case of expropriation of agricultural land pursuant to § 232 paragraph 1 letter b and paragraph 1bis of the Act on the Introduction of the Swiss Civil Code of April 4, 1954.

2. The economic loss, determined according to customary cantonal management practices and compensable in addition to the highest price established in the expropriation of agricultural land, is calculated by means of the capitalized present value of the lost contribution margin (CM).

1. The lost contribution margin is calculated on a flat-rate basis according to the agricultural data of the Canton of Solothurn with cultivated areas per production zone pursuant to Article 1 of the Ordinance on the Agricultural Production Cadastre and the Delimitation of Zones (Agricultural Zones Ordinance) of December 7, 1998. The contribution margin for crop rotation areas (CRA) listed in the cantonal inventory pursuant to Article 26 et seq. of the Spatial Planning Ordinance of June 28, 2000 (SPO) is calculated regardless of the production zone.

2. The basis for the assessment is generally formed by the contribution margins averaged over three years according to the calculation aid of the Conference of Swiss Agriculture Offices for the contribution margin/dry matter calculation pursuant to Article 36 SPO or another equivalent and recognized publication. For the calculation of the contribution margin for the crop rotation areas listed in the cantonal inventory pursuant to Article 26 et seq. SPO, only the cultivation shares of arable and special crops are to be considered in all zones.

3. The averaged contribution margin is to be capitalized with the interest rate pursuant to Article 1 paragraph 1 of the Ordinance on the Assessment of the Agricultural Lease Interest (Lease Interest Ordinance, LIO) of February 11, 1987.

1. The additional compensation to be provided pursuant to Section 1, Paragraph 2, as well as the factors to be considered under Section 2, are specified in the Annex. The corresponding values are to be updated periodically, at the latest every three years after the entry into force of this regulation, but in any case upon an adjustment of Article 1, Paragraph 1 of the PZV.