Facts
The Bergbrunnen spring in Urtenen-Schönbühl was impaired by the construction of the Grauholz tunnel by the Swiss Federal Railways (SBB). The spring rights holders demanded that the SBB provide replacement water of equivalent quality and quantity or pay compensation of around 588,000 Swiss francs for the redevelopment of the spring. However, the Federal Appraisal Commission only obligated the SBB to pay an expropriation compensation of 100,000 Swiss francs. The spring rights holders filed an administrative court appeal against this judgment.Considerations
The Federal Court confirmed the decision of the Appraisal Commission. It stated that while the spring rights holders were impaired in their neighboring rights under Art. 706 and 707 CC by the tunnel construction, these rights of defense are suppressed against the railway company equipped with the right of expropriation. The spring rights holders can therefore only demand an expropriation compensation in the form of monetary or real estate compensation.
A claim for real estate compensation under Art. 10 ComPurA cannot be asserted in the present proceedings before the Appraisal Commission, as this is reserved for the objection…