Facts
Jean Tranchet and co-owners are co-owners of two undeveloped land parcels located near Geneva Airport. Parcel No. 1877 is specifically in the runway approach path and overflown by aircraft at an altitude of approximately 108 meters.
The Federal Department of Transport has granted the right of expropriation to the Canton of Geneva so that it can compensate the owners for the nuisances caused by the operation of the airport. The Federal Valuation Commission rejected the claim for compensation for formal expropriation, but granted compensation for material expropriation due to the inclusion of Parcel No. 1877 in Noise Zone B.
Jean Tranchet and co-owners have filed an appeal against this decision, concluding for the payment of a global compensation for the formal expropriation of neighborhood rights and material expropriation.
Considerations
The Federal Tribunal first annulled the decision of the Federal Valuation Commission regarding the compensation for material expropriation and ordered the continuation of the investigation to determine whether there was grounds for compensation for the formal expropriation of neighborhood rights.
The Federal Tribunal considered that the owner of Parcel No. 1877 had a protected interest, within the meaning of Article 667(1) of the Swiss Civil Code, to oppose the overflying of his land at an altitude of 108 meters by aircraft landing at the airport. Although federal aviation legislation may restrict this right, it does not eliminate it entirely.
The Federal Tribunal therefore recognized the owners' right to compensation for the formal…