Facts
The Swiss Confederation (Federal Department of Defence) has acquired land in the Municipality of Isone for the creation of a new military training area. This has resulted in a limitation of access to the Caneggio alp, which is owned by the Patriziati of Medeglia and Robasacco. The Patriziati have requested compensation for this limitation of access.
The Federal Valuation Commission of the 13th district has ordered the Confederation to pay a capital compensation of CHF 33,592.-- plus interest and an annual compensation of CHF 2,964.-- to the Patriziati of Medeglia and Robasacco for the period following the decision.
The Confederation has appealed against this decision, requesting the annulment of the order to pay the compensation.
Considerations
The Federal Supreme Court has dismissed the Confederation's appeal.
The Federal Valuation Commission is competent to decide on disputes regarding the payment of expropriation compensation provided for by the Expropriation Act, even in the case of material expropriation. Servitudes are indeed among the real rights that can be the subject of expropriation, and the temporary limitation of a right of way is considered a form of expropriation.
Despite the omission of the notice required by the Expropriation Act, the right of way of the Patriziati…