Facts

M. acquired three adjacent properties totaling around 25,500 m2 in the Sandrain, in the district of Oberhasli in the municipality of Niederhasli, in 1957 and 1959. The parcels, which are still used for agricultural purposes today as they were then, are - apart from a warehouse that has been vacant for some time - undeveloped. They are located approximately in the takeoff axis of the west runway of Zurich-Kloten Airport, about 3 km from the end of the runway.

Through the zoning plan of the municipality of Niederhasli dated November 17, 1966, M.'s properties were allocated to the residential zone W 2 and retained this usage possibility until the 1980s. In connection with the safety and noise zone planning for Zurich-Kloten Airport, the municipality of Niederhasli also reviewed the local planning. According to the revised zoning plan dated July 27, 1984, M.'s properties now belong to the commercial zone in a sensitive landscape area.

M. first approached the Federal Appraisal Commission on July 8, 1983 and filed a request for a valuation procedure due to material expropriation. After the rejection of this request, M. again approached the Federal Appraisal Commission and requested compensation for the property restrictions he had suffered due to the noise zone plan in connection with the safety zone plan as well as other cantonal and municipal measures attributable to the airport planning.

Considerations

The Federal Supreme Court first found that the inclusion of the properties in noise zone B and their reclassification from the residential zone to the commercial zone do not constitute material expropriation. Such expropriation only exists if the owner is prohibited or severely restricted from the current or foreseeable future use of a property. This is not the case here, as the properties in the commercial zone can still be put to economically viable use.

Furthermore, the Federal Supreme Court examined whether M. has a claim for compensation for formal expropriation due to the suppression of his neighbor rights under Art. 679 and 684 of the Swiss Civil Code (ZGB). Although the requirements of unpredictability and specificity of the noise emissions are met, the severity of the damage is lacking. Since the properties have…