2 Zivilrecht, Strafrecht, Administration of Justice » 21 Civil Law » 213 Property Law (FlurG)

I. Scope of Application

1 This Law governs all communal associations pursuant to § 68 of the Introductory Law to the Civil Code for the improvement and development of land within and outside the building zone, as well as for the maintenance of such works.

2 Reserved are the deviating provisions concerning land reallocation cooperatives, agricultural and forestry land cooperatives, and water diversion cooperatives.

II. Formation Procedure

1. Preparation

1 Whoever seeks to establish a land consolidation cooperative shall submit a corresponding request in writing to the municipal council of the municipality in which the land is located, entirely or for the greater part, along with a draft of the articles of association and, where necessary, a preliminary project with a cost estimate; the request must specifically set out the purpose, the method of implementation, the estimated catchment area on a land register plan, the names and addresses of the land and works owners, and the possibilities for financing the undertaking.

2 The municipal council shall invite the participating owners in writing or, if their whereabouts are unknown, publicly, at least 20 days in advance, to the formation meeting, with a notice that the submitted documents can be inspected at the municipal office.

3 The municipal council may invite attendees to an informational meeting beforehand.

2. Resolution to Found, Adoption of Bylaws, and Elections

1 A member of the municipal council presides over the founding meeting; the municipal clerk or a deputy records the minutes thereof.

2 The resolution to found is governed by Art. 68 para. 2 of the Introductory Act to the Civil Code. Whoever does not participate in the decision-making, but was duly invited, is deemed to have consented.

3 Subsequently, the draft bylaws must be deliberated upon and voted on; after the adoption of the bylaws, the statutory bodies must be appointed.

4 Subject to the resolution to found, all resolutions are adopted by a majority of the eligible voters participating in the vote. Co-owners vote in proportion to their shares; joint owners must appoint a representative.

5 Every eligible voter may be represented by a legally capable person with written power of attorney; an authorized representative may not represent more than one eligible voter.

6 Within 20 days after the founding meeting, an appeal against its resolutions may be lodged with the Government Council; members must be informed of this already when invited to the founding meeting.

3. Approval by the Government Council; Supervision

1 The minutes of the constituent assembly, the articles of association, the preliminary project, and the application for formation must be submitted to the Government Council.

2 The Government Council shall approve the formation and the articles of association if the undertaking requires communal participation, if the expenditure is in a reasonable proportion to its benefit, and if the articles of association contain provisions regarding

1. the name, registered office, and purpose of the cooperative;

2. the description of the catchment area with an indication of the participants;

3. the rights and obligations of the cooperative members;

4. the organs of the cooperative, namely the general assembly, the board, the auditing committee, and the valuation committee, whose members may not be members of the cooperative;

5. the coverage of construction and maintenance costs;

6. the liability of the cooperative and, where applicable, its members;

7. the execution, use, and maintenance of the work;

8. the dissolution of the cooperative.

3 With the approval of the Government Council, the cooperative becomes a legal entity under public law; it is subject to the supervision of the Government Council.

4. Prohibition of Alteration

Upon acquisition of legal personality by the cooperative, no alterations may be made to the involved land and works that could hinder the execution of the undertaking.

III. Execution of the Undertaking

1. Execution Project and Cost Distribution Plan

1 After the approval of the Government Council (§ 4), the Board shall arrange for the

preparation of an execution project with cost estimate and the

registration of membership in the land register.

2 The Valuation Commission shall draw up a plan for the distribution of the initial

creation and maintenance costs.

2. Guidelines for Cost Distribution

1 Insofar as the cooperative members have not agreed upon a cost distribution

in advance, the appraisal commission shall determine the benefit of the undertaking

for each individual participating property and work and draw up the cost distribution

plan taking into account the following guidelines.

2 The provisions of the Ordinance on Property Owner Contributions to Transport

Facilities shall apply mutatis mutandis to the distribution of construction costs for

roads and paths. Maintenance costs shall be allocated taking into account the

intensity of use and the distance travelled.

3 For water supply and wastewater systems, construction costs shall be distributed

according to the earnings value or market value of the connected properties, while

operating and maintenance costs shall be distributed according to water consumption.

These rules shall apply mutatis mutandis to other supply systems as well.

4 Agricultural properties shall be valued according to their earnings value, and

non-agricultural properties according to their market value, whereby tax

authority valuations may be consulted.

3. Publication and Objection Procedure

1 The Board examines the execution project and the cost estimate and makes

them publicly available for 20 days at the municipal office, together with the

cost distribution plan; if the catchment area plan needs to be amended due

to the execution project, it must also be published.

2 The publication shall be announced by the Board in the same manner as the

constituent assembly, with an invitation to submit objections in writing to the

Board during the publication period.

3 If no agreement is reached on an objection, the Board shall issue a written

objection decision, which may be appealed to the Government Council.

4. Decision-Making, Appeals

1 Following the conclusion of the objection procedure and the resulting adjustments, the Board shall submit the execution project, the cost estimate, and the plan of the catchment area to the members of the cooperative for decision-making.

2 Appeals against resolutions of the assembly may be filed with the Cantonal Government (Regierungsrat) within 20 days, calculated from the date of the assembly.

5. Assessment of Objections and Approval

1 The Board submits the deposited documents to the Government Council.

2 The Government Council approves the detailed project, the plan of the catchment

area, and the cost estimate, provided that the conditions of § 4 para.

2 continue to be met.

6. Commencement of Works; Obligation to Contribute, Acquisition of Rights

1 After the objections have been dealt with and the detailed project and budget have been approved, the cooperative may commence the execution of the projected works.

2 The cooperative may levy contributions in accordance with its articles of association and the cost distribution plan.

3 The cooperative may compulsorily acquire rights if no amicable agreement can be reached thereon; the cantonal estimation commission for expropriation matters shall decide on the compensation.

4 The board shall register the legal changes associated with the work for entry in the land register.

7. Cost Distribution in Case of Non-Execution of the Work

1 If the work cannot be executed for any reason, the estimation commission,

upon application by the board, determines the distribution of the costs incurred

to date; § 7 applies mutatis mutandis.

2 This distribution plan must be delivered to each member; an appeal against

it may be lodged with the Government Council.

IV. Subsequent Amendments

1 The cooperative assembly decides on amendments to the statutes, the catchment area, and the execution project; these require the approval of the Governing Council.

2 The inclusion of land outside the existing catchment area and the inclusion of new works requires the written consent of the affected owners; if consent is not granted, the founding procedure must be applied.

3 The Governing Council will only approve the dissolution of the cooperative if the maintenance of the work is regulated and ensured.

4 If the management or use of a participating property changes and this change affects the interest of the cooperative member, the cost apportionment shall be re-determined by the board upon application by the valuation commission. If this results in an increased burden on the other cooperative members, the procedure according to § 8 shall be carried out.

V. Maintenance of the Work

1 The joint work must be properly maintained. For this, the provisions

applicable to the establishment and execution apply mutatis mutandis.

2 The Board decides on urgent maintenance work.

VI. Reference to Applicable Law

1 The Administrative Procedure Act applies to the objection and appeal proceedings.

2 If this Act or the statutes enacted thereunder contain no other provisions, the provisions of the Municipal Organization Act shall apply by analogy.

VII. Existing Land Cooperatives

1 Land cooperatives existing prior to the entry into force of this decree are sub-

ject to this law.

2 To the extent necessary, the supervisory authority may demand adaptations

to the articles of association.

VIII. Referendum, Publication, Entry into Force

1 This Act is subject to a referendum in accordance with §§ 34 or 35 of the Cantonal

Constitution.

2 It shall be published in the Official Gazette and, after its entry into force, shall be included in the

Collection of Laws.

3 The Government Council shall be entrusted with its enforcement. It shall determine the date

of its entry into force.

1 This Act was enacted as an ordinance subject to an optional referendum: GS

17-151 with amendments from November 30, 1989 (GS 17-869), February 7, 1990 (GS 18-

29), September 25, 2013 (KRB Adaptation to new Cantonal Constitution, G 23-80m) and from

December 17, 2013 (RRB Adaptation to new Cantonal Constitution, GS 23-97).

2 GS 17-79.

3 Para. 1 as amended on September 25, 2013; Para. 2 as amended on November 30,

1989.

4 Para. 2 as amended on February 7, 1990.

5 Para. 4 (new) as amended on November 30, 1989.

6 Para. 2 as amended on September 25, 2013.

7 Para. 1 as amended on September 25, 2013.

8 Paras. 1 and 2 as amended on September 25, 2013; Heading and Para. 3 as amended

on December 17, 2013.

9 Entered into force on September 1, 1979 (GS 17-156); amendments from September 25, 2013

entered into force on January 1, 2014 (Abl 2013 2851) and from December 17, 2013 entered into force on January 1, 2014 (Abl

2013 2974).