Mushroom paragraph
Article 141 of the Constitution of the Free State of Bavaria is referred to as the mushroom paragraph . It belongs to the second section of the third main part. The article anchors the protection of the natural foundations of life and establishes in paragraph 3 an everyone's right that guarantees fundamentally free access to Bavarian nature. The article was expanded to include monument protection by referendum in 1986 and 1998 .
The colloquial name comes from the Bavarian word " Schwammerl " for mushrooms. The idea for the constitutional article came from Wilhelm Hoegner , who wanted to give the population access to the natural treasures.
The name is misleading because the Bavarian constitution is not divided into paragraphs , but into articles .
text
(1) The protection of the natural foundations of life is entrusted to the special care of each individual and the state community, also bearing in mind the responsibility for future generations. Natural goods are to be handled carefully and sparingly. It is also one of the primary tasks of the state, municipalities and corporations under public law to protect soil, water and air as the natural basis of life, to repair or compensate for any damage that has occurred and to ensure that energy is used as sparingly as possible, and to improve the efficiency of the natural balance to preserve and improve them permanently, to protect the forest because of its special importance for the natural balance and to repair or compensate for any damage that has occurred, to protect and preserve the indigenous animal and plant species and their necessary habitats as well as characteristic local and landscape images.
(2) The state, municipalities and corporations under public law have the task of protecting and caring for monuments of art, history and nature as well as the landscape and, if possible, to restore degraded monuments of art and history to their earlier purpose, emigration to prevent German art possessions abroad.
(3) The enjoyment of natural beauty and relaxation in the great outdoors, in particular entering the forest and mountain pasture, driving on the water and appropriating wild forest fruits to the extent customary in the area is permitted to everyone. Everyone is obliged to treat nature and the landscape with care. The state and municipality are entitled and obliged to keep the access to mountains, lakes, rivers and other scenic beauties free for the general public and, if necessary, to open them by restricting property rights and to create hiking trails and recreational parks.
Individual evidence
- ↑ Democracy and Mushrooms . Bavarian radio. December 8, 2011. Retrieved February 18, 2018.
