OCR Text |
Show dealing with legal aspects. Because property rights should be protected as much as possible, the federal judicial practice requires an unquestionable legal foundation in order to effect general building restrictions or building limitations which must be evoked as a result of avalanche danger. It is the transition zone that leads to problems and which makes it difficult to arrive at decisions that satisfy public and private interests. It is inherent in the peculiarities of avalanches, especially the ones that occur at greater time intervals, that their extent and therefore their potential to do damage, can only be estimated. Therefore, small errors can be introduced even by qualified plan researchers, since no one is in the position to state objectively what exactly will happen. Such a possibility should not be a reason to decide in case of doubt in favor of the landowners since this could result in a decision which is neglecting the appropriate safety requirement. We should be aware that a wrong decision can have catastrophic consequences. Another, and to my knowledge still unsolved, problem has been introduced by Schwarz at a convention of the Working Group for avalanche defenses. He asked the following question: " Is the federation ready to subsidize control measures in favor of avalanche- endangered " blue zones?" The answer of the Federal Forest Inspector was that a generally valid answer could not be given at this time. The Federal Land Register is an excellent tool to assure safety in property transaction. The results of avalanche zone planning should also be incorporated into the Land Register. Unless this is done, the possibilities available through the Land Register and the pertinent plans cannot be fully exploited. The " Instruction for the Demarcation and Parcel Survey" from June 10, 1919, states in Art. 28, Lit. g, that in a survey, objects such as rockslides, avalanche slopes, cliffs, scree slopes, and landslides should be recorded. One of the most important aspects of property description in avalanche areas is the stipulation that the property might be endangered by avalanches. Moreover, interested buyers should be alerted to the danger by an annotation; it can then be assumed that everyone is aware of avalanche danger. The objection that someone might have no knowledge of it is virtually impossible. The annotation also offers assurance that claims appearing later for public money for control structures ( Executive ordinance to the Federal Forest Law, Art. 32, paragraph 2) can be turned down. Through the Land Register, the Avalanche Zoning Plan also obtains a status of private- legal importance, in addition to the prominent public interest. As a result, the safety in property transactions is increased to the great satisfaction of honest property speculators, but to the disadvantage of irresponsible speculators. Much argument could have been prevented if the buyers, mostly strangers to the locality, could have had access to neutral information before signing a contract. Such information could have provided him with knowledge about the location of the property with respect to avalanche danger, and danger from natural elements in general. The Land Register can give the avalanche zoning plan the necessary publi city. 23 |