Threshold corporation

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The straightened Aare before Meiringen, whose maintenance is under the responsibility of the Innertkirchen threshold corporation

The emerging corporation is a form of corporation of public law in the canton of Bern that the purpose of organized flood protection is used. The canton of Bern has 62 threshold corporations (as of 2010). In other cantons, similar corporations are known as Wuhr Corporation or Wuhrgenossenschaft.

purpose

The hydraulic engineering law of the canton of Bern imposes the so-called hydraulic engineering obligation on certain legal entities . This includes the obligation to maintain and revitalize water bodies as well as active flood protection. The compulsory hydraulic engineering on rivers is primarily the responsibility of the municipalities. The municipalities, in turn, can delegate the hydraulic engineering obligation (along with hydraulic engineering associations ) to threshold corporations made up of the landowners concerned.

Property owners in the perimeter of the corporation have to pay an annual fee, the threshold . This is determined on the basis of the official value of the property and the risk situation. The hydraulic engineering measures are financed with these taxes and subsidies from the federal government and the canton.

Legal classification

Threshold corporations are corporations under public law, more precisely «municipal corporations». They are subject to the Bern municipal and hydraulic engineering law, whereby the former is only applicable insofar as the latter does not contain any deviating regulations. They have legal personality .

Individual evidence

  1. ^ Fabian Schäfer: An initiative à la Glarus would be possible. ( PDF ) In: Berner Zeitung . July 1, 2010, accessed February 27, 2016 .
  2. ^ Peter M. Keller: Bernese administrative law . Ed .: Markus Müller / Reto Feller. Stämpfli Verlag , Bern 2008, ISBN 978-3-7272-9819-6 , p. 566 f .
  3. ↑ Ten years after the 2005 flood in the Canton of Bern - balance sheet and outlook. ( PDF ) Media conference on August 17, 2015. August 17, 2015, accessed on February 28, 2016 .
  4. ^ Ueli Friederich: Bernese administrative law . Ed .: Markus Müller / Reto Feller. Stämpfli Verlag, Bern 2008, ISBN 978-3-7272-9819-6 , p. 148 .
  5. ↑ Threshold Corporation , on the website of the municipality of Wimmis, accessed on October 30, 2016
  6. ^ Ueli Friederich: Bernese administrative law . Ed .: Markus Müller / Reto Feller. Stämpfli Verlag, Bern 2008, ISBN 978-3-7272-9819-6 , p. 143 .
  7. ↑ Art. 136 Municipal Law. In: Systematic legal collection of the Canton of Bern. March 16, 1998, accessed February 27, 2016 .
  8. ↑ Art. 12 Hydraulic Engineering Act. In: Systematic legal collection of the Canton of Bern. March 16, 1998, accessed February 27, 2016 .
  9. ↑ Art. 2 Municipal Law. In: Systematic legal collection of the Canton of Bern. March 16, 1998, accessed February 27, 2016 .