Facts
The owners of the property A. in Altdorf had held a right of use to water sources located on municipal or corporate land since the 16th century. After the establishment of a public water supply by the municipality of Altdorf in 1885, the water flow of the well on the property A. was impaired. In 1901, the District Court of Uri obliged the municipality of Altdorf to supply the plaintiffs with ten liters of water per minute free of charge. This obligation was qualified as an old-law real burden.
In 1995, the municipality of Altdorf demanded the registration of old water rights. As no agreement could be reached on the redemption, the municipality terminated the gratuitous water supply. This was followed by legal proceedings, in which the Federal Supreme Court made the final decision.
Considerations
The Federal Supreme Court held that the obligation to supply water free of charge constitutes an old-law real burden that is protected by the guarantee of property ownership. Although the redemption of this real burden is generally permissible, it must be done in return for appropriate compensation.
The High Court had affirmed the redeemability of the real burden, but had not addressed the issue of compensation. The Federal…