Facts
The case concerns compensation for noise emissions from air traffic at Zurich Airport. The appellant, the owner of an agricultural business in Opfikon, claimed that the noise burden from air traffic had reduced the value of his property and that he was entitled to compensation.
The noise burden had increased after the introduction of the so-called 4th wave of departures from runway 16 in the autumn of 1996 and was the subject of an expropriation procedure. However, the noise burden decreased again after around five years and fell below the relevant immission limit value.
Considerations
The Federal Supreme Court states that the requirement of the specificity of the noise impacts was only temporarily fulfilled in the present case, for around five years. It then examines which principles of compensation apply to temporary impairments caused by the operation of public works.
In principle, neighbors of public works must tolerate temporary disturbances without compensation, unless the impacts are extraordinary in terms of their nature, intensity and duration and lead to considerable damage. If the impairments last longer and are excessive, the same compensation rules as for permanent expropriation must be applied.
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