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RS 211.432.27 Order of the Federal Assembly of 6 October 2006 on the financing of official measurements (OFMO)

Original Language Title: RS 211.432.27 Ordonnance de l’Assemblée fédérale du 6 octobre 2006 sur le financement de la mensuration officielle (OFMO)

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211.432.27

Order of the Federal Assembly on the Financing of Official Body Measurement

(OFMO)

6 October 2006 (State 1 Er January 2008)

The Swiss Federal Assembly,

See art. 39, para. 2, the final title of the Civil Code 1 , given the message of the Federal Council of 7 September 2005 2 ,

Stops:

Art. 1 Principles

1 The Confederation and the cantons share the financing of official measurements.

2 The costs of updating the official body of measurements shall be borne by the natural or legal person who is responsible for it, provided that the person is identifiable.

3 The cantons bear the costs which are not covered by the overall contributions of the Confederation or by emoluments. They may refer to participants for these residual costs.

4 They may receive emoluments, in particular for extracts, refunds and data.

Art. 2 Funding

1 The Federal Assembly votes every four years, by way of a simple federal decree, a credit of commitment for the federal allowances allocated to official measurements.

2 The Confederation and the cantons set their benefits in programme agreements.

Art. 3 Forfacts

1 The allowances shall be fixed in the form of a fixed package for each measurement project referred to in the Annex. They are linked to the benefits defined in the programme agreements.

2 The calculation of packages shall be based on the percentages set out in the Annex.

3 The Federal Council shall determine the costs taken into account.

Art. 4 Payment

1 The Federal Directorate of Cadastral measurements shall order the payment of compensation if the official measurement corresponds to the benefits provided for in the programme agreement and satisfies the requirements of the federal law.

2 The allowance may be paid by instalments based on the agreed partial benefits or the planned progress of the project.

Art. 5 Executing

The Federal Council shall execute this order.

Art. 6 Repeal of the law in force

The Federal Order of March 20, 1992, concerning Federal Compensation in the Field of Official Measurement 1 Is repealed.

1 [RO 1992 2461, 1994 1612]

Art. 7 Transitional Provision

Conventions-Programs concluded pursuant to the Federal Order of March 20, 1992 concerning Federal Compensation in the Field of Official Measurement 1 Remain in force and are accounted for in accordance with the terms of the said Federal Order.

1 [RO 1992 2461, 1994 1612]

Art. 8 Entry into force

The Federal Council shall fix the date of entry into force.

Annex

(art. 3)

Determination of Packages

Determination of the project packages referred to in s. 3, para. 1, is based on the following percentages. These correspond to the share of the costs taken into account according to Art. 3, para. 3:

1. First Reading:

A.
For buil-up areas and areas to be built (Zone I 1 ): 15 %;
B.
For agricultural regions and forest regions in the lowland region according to the cadastre of agricultural production (zone II 2 ): 30 %;
C.
For agricultural regions and forest regions located in the mountain region and the summer region according to the cadastre of agricultural production (zone III 3 ): 45 %.

2. New Reading:

In the case of replacement of measurements established in accordance with the provisions prior to those of 10 June 1919, the values provided for in c. 1 are applicable.

3. Renewal:

A.
For builded areas and building areas (Zone I): 15 %;
B.
For agricultural regions and forest regions in the lowland region according to the cadastre of agricultural production (Zone II): 20 %;
C.
For agricultural regions and forest regions located in the mountain region and the summer region according to the cadastre of agricultural production (Zone III): 35 %;
D.
In the framework of agricultural or forestry cellar rearrangements, provided that the Confederation does not pay compensation under any other legal basis or that such costs are not the responsibility of third parties: 25 %.

4. Aborative:

Abortion of territorial boundaries and property boundaries for agricultural regions and forest regions located in the mountain region and the summer region according to the cadastre of agricultural production (Zone III), to the extent that The canton takes on an appropriate part of the fee: 25 %.

5. Measures taken as a result of natural phenomena:

Where, as a result of natural phenomena, measures are taken and equivalent to a first reading, the rates laid down for the first statement and the approach shall apply mutatis mutandis.

6. Special adaptations and periodic updating:

A.
For special adaptations that have an exceptionally high national interest, provided that the canton proves that the financing of the costs according to Art. 1, para. 3, is insured: 60 %;
B.
For the costs of the periodic updating which are not borne by the person who caused the update, provided that the canton proves that the financing of the costs according to Art. 1, para. 3, is insured: 60 %.

1 See RS 700 (art. 15)
2 See RS 912.1 (art. 1, para. 4)
3 See RS 912.1 (art. 1, para. 2 and 3)

State 1 Er January 2008