Revocation of a private railway crossing

Facts

The appellant [X.] is the sole owner of Parcel No. 1754 and co-owner of Parcel No. 1748 in Minusio. In favour of these two parcels, there is a right of way over Parcel No. 1750 of the Swiss Federal Railways (SBB). The Federal Office of Transport (BAV) approved a project of the SBB, which provides for the revocation of this private railway crossing, the erection of a fence and the expropriation of the right of way. [X.] filed a complaint against this decision with the Federal Administrative Court, which was, however, dismissed. Thereupon, [X.] filed a complaint in public law matters with the Federal Supreme Court.

Considerations

The Federal Supreme Court dismissed the complaint. It concluded that the expropriation of the right of way is lawful, as it is based on a legal basis, is in the public interest of the safety of railway operations and is proportionate. The…