Question juridique clé
Whether the property is an agricultural holding or agricultural land within the meaning of the LEG and VerhVo
Solution extraite
No. A racehorse training facility is not an agricultural holding where it operates without land dependence and the animals are mainly fed with purchased feed; incidental grazing and the presence of pasture are insufficient.
Motifs extraits
Under the LEG and VerhVo, agricultural land must belong to an agricultural enterprise or derive its value from annual soil yield. By analogy to planning-law criteria, only soil-dependent production is agricultural. Here the operation is not soil-dependent: the horses are not primarily nourished from the land, and the grazing does not serve primarily as fodder production. The cantonal planning authority's grant of an Art. 24 RPG exception for a non-agricultural, site-bound stable also supports this characterization.