¹ The purpose of this Act is:

A.

To encourage rural land ownership and, in particular, to maintain family enterprises as the basis for a strong peasant population and productive agriculture, directed towards sustainable land use, and to improve Structures;

B.

To strengthen the position of the operator on a personal basis, including that of the farmer, in the case of the acquisition of undertakings and agricultural buildings;

C.

To combat the overpaid prices of agricultural land.

² This Law contains provisions on:

A.

The acquisition of agricultural businesses and buildings;

B.

The commitment of agricultural buildings;

C.

The sharing of agricultural enterprises and the fragmentation of agricultural buildings.

¹ This Act applies to isolated agricultural real property or agricultural real property that is part of a farming business:

A.

That are located outside an area to be constructed within the meaning of s. 15 of the Act of 22 June 1979 on land use planning ¹ , and

B.

Whose agricultural use is lawful. ²

² The law also applies to:

A.

Real property and parts of buildings including agricultural buildings and facilities, including an appropriate surrounding area, that are located in a building area and are part of a farming business;

B.

Forests that are part of an agricultural enterprise;

C.

Real property situated in part in an area to be built, as long as it is not shared in accordance with the zones of assignment;

D.

Mixed-use buildings, which are not divided into an agricultural part and a non-agricultural part.

³ The law does not apply to buildings of less than 15 ares for vines, or less than 25 ares for other lands, which are not part of an agricultural undertaking. ³

⁴ The Act applies, in derogation from para. 3, to immovables situated within the scope of a piecemeal restructuring, since the creation of the reengineering union and the decision-making until the registration of the new property states in the land register. ⁴

¹ The provisions of this Act relating to agricultural real property apply, unless otherwise provided, to condominium units on agricultural buildings.

² Art. 15, para. 2, and 51, para. 2, apply to real property that is part of a non-agricultural ancillary business that is closely related to a farming business.

³ The provisions of this Gain Right Act apply to all businesses and real property acquired by the alienator for agricultural use.

⁴ Provisions on boundary improvements (s. 57) also apply to immovables (art. 2, para. 3). ¹

¹ The special provisions of this Act relating to agricultural undertakings apply to real property that is, on its own or with other real property, a farming business.

² The provisions on agricultural undertakings also apply to majority holdings of legal persons whose assets consist mainly of an agricultural undertaking.

³ The agricultural business provisions do not apply to agricultural buildings that:

A.

Are part of a farming business within the meaning of s. 8;

B.

May be subtracted from the farming business with the approval of the authorization authority.

The cantons may:

A. ¹

Subject to the provisions on agricultural undertakings agricultural undertakings which do not fulfil the conditions laid down in Art. 7 for the standard labor unit; the minimum enterprise size must be a standard labor unit fraction and must not be less than 0.6 unit;

B.

To exclude the application of this Act to the rights of enjoyment and participation in allmends, alpages, forests and pastures that belong to the companies of allmends, alpages, forests and other similar communities, to Not be part of an agricultural undertaking to which the provisions of this Act relating to agricultural undertakings are applicable.

¹ If there is a farming business in an estate, any heir may request the allocation in the estate division when he or she intends to exploit it himself and appears capable of doing so.

² If no heir requests the allocation of the agricultural undertaking in order to exploit it itself or if the applicant does not appear to be capable of exploiting it, any reserved heir may request the allocation.

³ If the farming business is allocated to an heir other than the surviving spouse, the surviving spouse may request, on the basis of his or her rights, the establishment of a usufruct on an apartment or a right of habitation, if the circumstances permit. Spouses may, by contract in the authentic form, amend or exclude this right.

¹ If the deceased leaves minor descendants as heirs, the heirs must maintain the hereditary community until it is possible to determine whether a descendant takes over the farming business to exploit it.

² If, however, a legal heir meets the conditions of the holding on a personal basis at the time of the opening of the estate, the undertaking must be assigned to it.

³ If the farming business is leased for a certain period of time and an heir intends to resume it in order to exploit it himself, he may request that the award decision be postponed; however, the decision must be taken no later than one year Before the end of the on-farm lease.

If there is a share of co-ownership of a farm in an estate, then any heir can qualify for the allocation under the conditions to which he or she could claim the share of the business itself.

¹ If there is an estate in a succession, transmissible by succession, to joint ownership reports, any heir may request to take the share of the deceased, under the conditions to which he may rely on the allocation of the undertaking Farm.

² If there is an estate in a succession of joint ownership reports and these are terminated by the death of a common owner, any heir may request to cooperate in the place of the deceased on the liquidation of the common property The conditions to which it could rely on the allocation of the agricultural undertaking.

¹ The heir who invokes the allocation of the farming business to exploit it himself may also request the allocation of the moveable assets used in the operation (livestock, equipment, provisions, etc.).

² If a non-agricultural ancillary business is closely related to an agricultural undertaking, the heir who invokes a right to the award may require the allocation of the two undertakings.

¹ The farming business is imputed to the value of return on the part of the heir who exploits himself.

² The moveable assets used in the operation are charged to the value they represent for the operation and the non-agricultural ancillary business to its venal value.

¹ If the allocation to the yield value results in a surplus of the liabilities of the estate, the imputed value is increased in proportion, but to the maximum to the extent of the venal value.

² In addition, the consistency may require an appropriate increase in the imputation value if warranted by special circumstances.

³ In particular, special circumstances include a high purchase price of the business or significant investments made by the deceased in the ten years preceding his or her death.

¹ If a number of heirs meet the conditions for the allocation of the agricultural undertaking, the latter may designate, by will or by succession pact, that of them who shall have the right to resume it.

² The person may not withdraw a reserved heir, who intends to exploit the undertaking himself and appears capable, his right to attribution, in favour of an heir who does not intend to exploit the undertaking himself or does not appear capable of doing so, Or in favour of an heir established.

³ Exheration and renunciation of the succession are reserved.

¹ If the deceased did not designate the returning officer, the right to the assignment of the reserved heir shall take precedence over that of the other heirs.

² In other cases, the personal situation of the heirs is decisive for attribution.

¹ If there is an agricultural property in an estate that is not part of a farming business, an heir may request that the property be allocated to double the value of return when it owns or disposals of a farming business That the building is situated within the operating radius of that undertaking, common in the locality.

² The provisions on agricultural undertakings relating to the increase in the value of the charge and the restriction of the freedom of disposal shall apply mutatis mutandis.

¹ If an agricultural undertaking is awarded to an heir in the estate division for the purpose of exploiting it himself, he shall not be able to dispose of it within ten years after the award of the agreement with the agreement of the heirs.

² This agreement is not required when:

A.

A descendant acquires the farming business to exploit it itself and appears capable;

B.

The heir alienates the farming business to the community for the purpose of performing a public task within the meaning of s. 65 or that it is forced to separate;

C.

The heir of the buildings or parts of agricultural buildings with the approval of the authority responsible for authorisation (Art. 60).

¹ If, within the period of ten years, the heir or his descendant, to whom the undertaking has been transferred, permanently ceases to exploit the undertaking himself, any consistency who intends to exploit it himself and appears capable of doing so has a right of emption.

² The heir to whom the right of emption is exercised is entitled to the price for which the farming business was charged on its share in the division. In addition, it has the right to be compensated for the expenditure generating more-value; these are counted at their present value.

³ The right of emption is transferable by succession, but not assignable. It shall lapse three months after the holder of the right of refusal has been informed of the termination of the holding on a personal basis, but no later than two years after such exploitation has ceased.

⁴ The right of emption cannot be invoked when:

A.

A descendant intends to take over the farming business to exploit it itself and seems capable;

B.

The heir dies and one of his heirs intends to take over the farming business to exploit it himself and seems capable;

C.

The heir alienates the farming business to the community for the purpose of performing a public task within the meaning of s. 65 or that it is forced to separate;

D.

The heir of the buildings or parts of agricultural buildings with the approval of the authority responsible for authorisation (Art. 60).

⁵ In the event of termination of the operation on a personal basis, as a result of accident or sickness, and if the owner has minor descendants, the right of emption may not be invoked until it is possible to determine whether a descendant can Resume the farming operation to exploit it itself.

¹ If there is an agricultural undertaking in a succession and as long as they intend to exploit it themselves and appear capable, they shall have the right of refusal:

A.

Any descendant who is not an heir;

B.

Any brother and sister, as well as any child of a brother or sister who is not an heir, but who could invoke a pre-emption right if the business was sold.

² Art. 11, para. 3, shall apply mutatis mutandis.

¹ The right of emption cannot be invoked when:

A.

The farming business is attributed in the estate division to a legal heir who intends to exploit it himself and appears capable, or

B.

The hereditary community transfers the farming business to a descendant of the deceased, who intends to exploit the business itself and appears capable or that

C. ¹

...

² If a right of refusal is in competition with a right of succession to the allocation provided for in Art. 11, para. 1, the personal circumstances of the persons concerned shall be decisive for the allocation.

³ If the deceased leaves minor descendants, the right of emption cannot be invoked as long as it is not possible to determine whether a descendant can take over the business to exploit it.

¹ The right of emption may be exercised under the terms and conditions applicable to the right of pre-emption.

² If the price to be paid to exercise the right of emption under the right of pre-emption is not sufficient to cover the liabilities of the estate, the recovery price shall be increased in proportion, but to the maximum up to the value Venal.

¹ If an agricultural undertaking or building is allocated to an heir in the estate division at a value of less than the value of the property, any consistency shall be entitled, in the case of alienation, to a share of the gain proportionate to its share Heritable.

² Any co-operation can assert its right independently. This right shall be transferable by succession and assignable.

³ The right only exists if the heir alienates the business or the building within 25 years of its own acquisition.

¹ By disposal within the meaning of s. 28 is intended to:

A.

Sale and any other legal act that is economically equivalent to a sale;

B.

Expropriation;

C.

Classification in an area to be built, unless it is an agricultural building that remains subject to rural land law (s. 2, para. 2, let. (a);

D. ¹

The transition from an agricultural use to a non-agricultural use; is not considered to be the fact that, upon ceasing to be in use, the heir who had taken it in accordance with s. 28 and operated for at least ten years an apartment belonging to the company.

² Determine timing of disposal:

A.

The conclusion of the contract by which the alienator is obliged to transfer the property;

B.

The introduction of the expropriation procedure;

C.

Introduction of the classification procedure for an agricultural building in an area to be built;

D.

In the case of decommissioning, the act which allows the person entitled to use non-agricultural use, or the fact of the owner who modifies the use.

The right to gain is payable:

A.

In the case of sale or expropriation, to the enforceability of the counterbenefit that the seller or the expropriated may claim;

B.

In the case of a classification of a building in an area to be built, at the time of disposition or use as a building site, but no later than 15 years after the final incorporation;

C.

In the case of decommissioning on the initiative of the owner, in the act which carries out the decommissioning.

¹ The gain is the difference between the disposal price and the imputation value. The heir can deduct, at their present value, the capital gains for the farming business or building.

² In the case of a classification of a building in an area to be built, and in the absence of alienation within 15 years, the gain is calculated on the deemed venal value.

³ In the case of de-allocation due to the owner's initiative, the gain rises to the actual or potential annual income of the non-agricultural use, multiplied by twenty.

⁴ The heir can deduct from the gain two hundredths for each full year in which the business or farm property belonged to the heir (reduction for the duration of the property).

⁵ If the alienator has an advantage, the gain will be calculated on a higher charge value, instead of being reduced based on the duration of the property. The imputed value is increased by the rate whose yield value has increased as a result of the modification of the basis of calculation.

¹ If the heir acquires immovable property in Switzerland in order to continue the operation of his farming business in Switzerland, or if he acquires in Switzerland another farming business in Switzerland, he may deduct from the price of disposal the Acquisition price of an object of the same performance. The price paid must not be overpaid (art. 66).

² However, a deduction is permissible only if the purchase took place within two years prior to or after the alienation or within five years after the expropriation.

³ The right to gain is retained by the heirs when the remaining real property or the buildings acquired in remploi are disposed of.

¹ The heir may also deduct from the disposal price the amount of the necessary repairs made to a building or agricultural facility, if the building that includes the property is from the same estate and remains its property.

² Consideration shall be given to the amount required at the time of disposal, as well as the amount spent by the owner within five years prior to the disposition.

³ If, in order to maintain agricultural use, the heir constructs a new building or a remploy facility, he or she can deduct from the disposal price the amount used for the construction.

⁴ If, subsequently, the heir alienates the building that includes the repaired or renovated buildings or facilities, he will not be able to deduct this amount for a second time.

¹ A co-owner may require the guarantee of his right to the gain through the creation of a real estate pledge (mortgage) on the undertaking or building allocated in accordance with the following provisions.

² The entitled person may at any time, but at the latest until the alienation of the undertaking or immovable property, make an interim registration of the pledging right to the land register without any indication of the amount of the pledge. The provisional registration has the effect that the right of pledge, in the case of its subsequent determination, will have arisen at the time of the annotation.

³ The annotation is made on the unilateral requisition of the person entitled. The custodian of the land registry notifies the owner of the annotation to which he proceeded.

⁴ The provisional registration lapses when the consistency does not apply to the final registration of the lien within three months of the date on which it became aware of the alienation of the business or building. For the rest, the provisions of the Civil Code (CC) ¹ On the legal mortgage of craftsmen and entrepreneurs are applicable.

The legal right to gain may be deleted or amended by written agreement.

¹ The owner may not dispose of a farming business that he or she is carrying on with his or her spouse or a share of the joint ownership of that business other than with the consent of the owner's spouse.

² If he or she cannot obtain such consent, or if the consent is refused without just cause, he or she may refer the matter to the judge.

³ Art. 169 CC ¹ , designed to protect family housing, is reserved.

¹ The parties may agree that the alienator of an agricultural business or property is entitled to the gain in the event of resale. This right is, unless otherwise agreed, governed by the provisions on the right to gain of the coals.

² If an agricultural business or property is disposed of at a price that is less than the value of the farm without a right to gain, the reporting and reduction provisions (s. 626 to 632 and 522 to 533 CC ¹ ), designed to protect the heirs, are reserved. The corresponding actions are prescribed on the basis of the payability of the gain (Art. 30).

³ The alienator may agree to a re-mated right with the purchaser in the event that the purchaser ceases to operate. If the alienator dies and the acquirer ceases to operate himself, each heirs who intend to exploit the business itself and may be able to do so may invoke the right of remendation independently.

¹ In the case of the alienation of an agricultural undertaking, the parents of the alienator mentioned below shall have, in order, a right of preemption on the latter when they intend to exploit it themselves and appear capable of:

1.

Each descendant;

2.

Each of the brothers and sisters and their children, where the alienator has acquired all or substantially all of his or her father and mother or in their estate for less than 25 years.

² In the case of the disposition of an agricultural building, each of the descendants of the alienator has a right of preemption on the property, when it is the owner of a farming business or is economically disposed of such a business, and the property is Located within the operating radius of this company, common in the locality.

³ The right of preemption cannot be invoked by the right against whom the alienator argues for reasons justifying exheration.

A parent may also invoke the right of preemption when an agricultural business or building:

A.

Is made up of a community of property, a corporation, a cooperative corporation or another corporation;

B.

Is transferred free of charge;

C.

Is disposed of to another parent or to the spouse.

Incumbents may invoke the right of preemption on a farm to the value of yield and on an agricultural building that is twice that value.

In the case of the alienation of a business or agricultural building owned by several owners (joint ownership or joint ownership), the right of preemption may also be exercised where the relationship between the owner and the owner of the property exists only for One of the owners.

¹ If more than one holder of the same rank has a right of pre-emption, the alienator may designate a person who has the right to resume the contract of sale.

² Otherwise, the personal circumstances of the proprietors are decisive for the allocation of an agricultural undertaking.

¹ In the case of the alienation of an agricultural enterprise, the farmer has a right of preemption when:

A.

It intends to exploit it itself and seems capable and that

B.

The minimum legal duration of the lease provided for by the provisions of the Federal Act of October 4, 1985 on the farm-farm lease ¹ Has expired.

² In the case of the alienation of an agricultural building, the farmer has a right of pre-emption on the subject matter when: ²

A.

The minimum legal duration of the lease provided for by the provisions of the Federal Act of October 4, 1985 on the farm lease has expired and

B.

The farmer owns or has an economic interest in a farming business and the leased property is situated within the operating radius of that business, common in the locality.

³ The right of preemption of parents takes precedence over that of the farmer.

¹ The farmer may waive his right of legal preemption in advance only for an imminent preemption. It must renounce it by an authentic instrument comprising the essential elements of the contract to be concluded between the seller and the third party.

² Renunciation shall be without effect if the contents of the contract of sale between the seller and the purchaser do not correspond to the indications given in the declaration of renunciation or if the contract is concluded after the expiry of the period of six months from The date of the return.

¹ In the event of the alienation of a share of co-ownership on an agricultural undertaking, a right of pre-emption on that part shall be:

1.

Any co-owner who intends to operate the business itself and appears capable of doing so;

2.

Each descendant, each of the brothers and sisters and their children, as well as the farmer, on the terms and conditions and in the order applicable to the right of preemption on an agricultural undertaking;

3.

Any other co-owner under s. 682 CC ¹ .

² In the event of the alienation of a share of the condominium in an agricultural building, the right of pre-emption on that part shall be:

1.

Any co-owner who is already the owner of a farming business or who disposs of such a business when the building is situated within the operating radius of that business, common in the locality;

2.

Each descendant and the farmer, on the terms and conditions and in the order applicable to the right of preemption on an agricultural building;

3.

Any other co-owner under s. 682 CC.

³ A co-owner who requests the allocation of a farming business to carry on the business itself or an agricultural building located within the operating department of the usual business in the locality may invoke the right of preemption on a business Farm at the value of return and on an agricultural building twice that value.

¹ If the alienator has sold the capital personal property (livestock, equipment, supplies, etc.) with the farming business, it may, in the event of the exercise of the right of preemption, declare them totally or partially exempt from the sale.

² If a non-agricultural ancillary business is closely related to an agricultural undertaking, the holder of the right of preemption may request the allocation of the two undertakings.

³ The allocation value in the share (s. 17, para. 2) applies as a return price of the capital personal property used for the operation and of the non-agricultural ancillary business.

¹ The alienator may request an appropriate increase in the recovery price if special circumstances warrant.

² These include special circumstances, a high purchase price of the business, or significant investments that the alienator carried out in the ten years prior to the disposal.

³ The recovery price is in all cases at least equal to the amount of mortgage debts.

¹ If, through the exercise of a right of legal preemption, the owner acquired an agricultural business or building for less than the venal value and then alienated the property, the alienator against whom the right of preemption was Has the right to gain.

² The provisions on the right of co-workers to gain shall apply mutatis mutandis.

¹ If, through the exercise of a right of pre-emption, the owner has acquired a farming business for the purpose of exploiting it himself, he may not dispose of it within ten years after the acquisition, except with the agreement of the seller.

² This agreement is not required when:

A.

A descendant acquires the farming business because it intends to exploit it itself and appears capable;

B.

The owner alienates the farming business to the community for the purpose of performing a public task under s. 65 or that it is forced to separate;

C.

The owner disposes of the buildings or parts of the premises of the undertaking with the approval of the authority responsible for authorisation (Art. 60).

¹ If, within the ten-year period, the owner or his descendant, to whom the business was transferred, permanently ceases to exploit himself, the seller, against whom the right of preemption has been exercised, has a right of remission.

² This right is transferable by succession, but not assignable. An heir who intends to exploit the farming business himself and seems able to do so may invoke the right of reméré independently.

³ In the event of the exercise of the right of reméré, the owner is entitled to the price at which he took over the farming business. In addition, it has the right to be compensated for the expenditure generating more-value; these are counted at their present value.

⁴ The right of reméré shall lapse three months after the person entitled to the right has been informed of the termination of the operation on a personal basis, but not later than two years after the personal exploitation has ceased.

⁵ The right of reméré cannot be invoked when:

A.

A descendant of the owner intends to take over the farming business to exploit it himself and appears capable;

B.

The owner dies and an heir intends to take over the farming business to exploit it himself and seems able to do so;

C.

The owner alienates the farming business to the community for the purpose of performing a public task under s. 65 or that it is forced to separate;

D.

The owner disposes of the buildings or parts of buildings with the approval of the authority responsible for authorisation (Art. 60).

⁶ If the owner leaves minor descendants, the right of reméré cannot be invoked until it is possible to determine whether a descendant can take over the business to exploit it.

¹ The cantons may provide for pre-emption rights:

A.

On agricultural buildings for the communities responsible for making land improvements, to the extent that the building is located within their boundaries and the acquisition serves the purposes of their work;

B.

On allmends, alpages and private pastures for municipalities, allmends, alpages corporations and other similar communities in their territory;

C.

On the rights of use and participation in allmends, alpages or pastures for allmends, alpages corporations and other similar communities that own these allmends, alpages or pastures.

² Statutory pre-emption rights under federal law override cantonal preemption rights. The cantons establish the order of the preemption rights which they introduce.

¹ Owners of contiguous agricultural buildings must assist with the improvement of inappropriate boundaries.

² They may require an exchange of land, to the extent necessary, or the transfer of up to five field ares, if there is a significant improvement in the boundaries.

¹ The request for the granting of an authorisation, a finding or an estimate of the value of return shall be addressed to the cantonal authority.

² If an agricultural undertaking is located in several cantons, the canton competent to grant the authorisation or make a finding is the one in which the part of the undertaking with the highest value is located.

¹ The authorisation or documents demonstrating that an authorisation is not required, and, where appropriate, the decision fixing the maximum load shall be filed with the Office of the Land Registry with the title justifying the registration required.

² If it is clear that the act justifying the required registration is subject to authorisation, the Conservative shall reject the requisition if this authorisation is lacking.

³ If there is any doubt as to the submission of an act of authorization, the curator, after making the requisition to the newspaper, surrenders his decision on the entry to the general ledger until it is decided on the subject matter and, if so, on the Request.

⁴ The Tory will provide the applicant with a 30-day time limit to request a decision on the granting or issuance of the authorization. It shall reject the requisition if the applicant does not act within this period or if the authorisation is refused.

¹ The application for authorisation shall be addressed to the cantonal authority responsible for authorisation (Art. 90, let. (a).

² The latter shall communicate its decision to the Contracting Parties, to the Registrar of the Land Registry, to the cantonal supervisory authority (Art. 90, let. (b) the farmer and the holders of the right of emption, the right of pre-emption or the right to grant.

³ The contracting parties may appeal to the cantonal appeal authority (Art. 88) against the refusal of authorisation, the cantonal supervisory authority, the farmer and the holders of the right of refusal, the right of pre-emption or the right to award, against the granting of the authorisation.

The person who has a legitimate interest may, in particular, make a declaration by the competent authority concerning authorisation if:

A.

An agricultural undertaking or building is subject to the prohibition of material sharing, the prohibition of fragmentation, the authorisation procedure or the maximum load regime;

B.

The acquisition of an agricultural business or building may be authorized.

If a proceeding within the meaning of s. 21, para. 2, of the Federal Act of 22 June 1979 on land use planning ¹ , for the purpose of modifying an assignment plan, affecting an agricultural business or building, a trial or proceeding in progress may, at the request of a participant, be suspended until the new plan is established, but to the maximum of Five years.

¹ The object of a reference to the land registry is:

A.

Farm buildings located in the area to be built that are governed by this Act (s. 2);

B.

Non-agricultural real property situated outside the building area that is not governed by this Act (s. 2).

² The Federal Council determines the exceptions to the obligation to mention and regulates the conditions to which a statement is written off ex officio.

¹ The value of performance is estimated by the authority, ex officio or at the request of a person entitled. For construction or facility projects, the authority may make an interim estimate.

^1bis Individuals who are authorized to request an estimate of the performance value may require that the inventory be valued at the value it represents for the operation. ¹

² The performance value can also be estimated by an expert; such an estimate is binding when the authority has approved it.

³ Can request an estimate of the performance value:

A.

The owner and each of his heirs;

B.

Any holder, in accordance with this Act, of a right of emption or pre-emption on the undertaking or building in question which may exercise its right;

C.

Secured creditors, sureties, and persons or institutions under s. 76, when they grant or endorse a loan secured by a real estate pledge or take charge of the interest of such a loan, or that the value of the business or building has changed as a result of a natural event, improvements to the Land, increase or decrease in the surface, new construction, alteration, demolition or closure of a building, decommissioning or for other similar reasons.

⁴ The authority communicates the new value of return to the owner, the applicant and the custodian of the land registry, indicating the amounts corresponding to the value of the non-agricultural parts. It also indicates the value that the inventory represents for the operation, if this value has been estimated. ²