Facts
Franz Niederöst, Martin Reichlin and Lorenz Inderbitzin (hereinafter: Plaintiffs) are the owners of three adjacent properties with residential buildings in Ingenbohl. Around 1950, Aare-Tessin AG (Atel) constructed a high-voltage power line that passes about 15 m away from the Plaintiffs' group of houses. In 1959, Centralschweizerische Kraftwerke AG (CKW) and Schweizerische Bundesbahnen (SBB) (hereinafter: Defendants) approved the construction of a joint high-voltage power line from Göschenen to Mettlen, which runs along the Plaintiffs' properties at a distance of 22-27 m.
The Plaintiffs claimed that their properties were now situated between two unsightly and, in particular, dangerous high-voltage power lines during Föhn winds, and were therefore significantly devalued. The Defendants fundamentally denied any obligation to pay compensation but agreed to further negotiations. After several negotiations and a site inspection, the Plaintiffs filed a request with the President of the Federal Appraisal Commission of the 5th District, requesting that the Defendants be ordered to pay each of the three Plaintiffs a compensation of CHF 15,000.
Considerations
The Federal Supreme Court ruled that the Göschenen-Mettlen high-voltage power line is a work of public interest for which the Defendants have the right of expropriation. Adverse effects that the intended operation of the facility has on the neighborhood and cannot be or cannot easily be avoided are covered by the right of expropriation. The affected neighbors must accept these effects and cannot defend themselves against them with claims for injunction and damages based on the law of neighbors.
The Federal Supreme Court…