Facts
The cooperative [A.] is the owner of four multi-family houses in Opfikon-Glattbrugg, which are partially located in the 1.25° approach corridor of runway 34 of Zurich-Kloten Airport. Due to the increase in southbound departures from runway 16 in the autumn of 1996, the cooperative filed a claim for compensation for excessive aircraft noise and direct overflights in 1998. The proceedings dragged on for many years until the Federal Appraisal Commission (ESchK) awarded the cooperative a total of CHF 1'652'302.- in 2016 for the reduced value due to excessive aircraft noise, with the sound insulation costs of CHF 245'491.- to be paid by Flughafen Zürich AG (FZAG) to be deducted.Considerations
The Federal Supreme Court decided that the lower courts were right to affirm a severe damage. Even though the cooperative could not have sold the properties without further ado due to its statutes and cooperative law, it would have had the possibility to sell the properties on the free real estate market. A sale would in all likelihood have enabled a better economic use of the properties, as a profit-oriented buyer would gradually adapt the rents to market rents. The expected proceeds from a sale were estimated by the ESchK at CHF 7.3 million, which would be reduced by around 18% due to the aircraft noise. Regarding the deduction of the sound insulation costs, the Federal Supreme Court referred the matter back to the…