Facts
The Swiss Federal Railways (SBB) carried out tunnel construction works that led to damages to a multi-family house in Thalwil. The property owner demanded compensation from the SBB for the renovation costs. However, the Federal Appraisal Commission rejected the claim, as it was considered forfeited. The property owner then filed an administrative court appeal.Considerations
The Federal Supreme Court overturned the decision of the Appraisal Commission. It found that the forfeiture of the compensation claim does not have to be considered ex officio if the expropriating party itself waives it or if it would be contrary to the principle of good faith to invoke it. In the present case, the property owner was entitled to assume, based on the conduct of the SBB, that they would acknowledge her claims. Therefore, it was not justified to consider the claim as forfeited.
Furthermore, the expropriated party cannot be required to prove the causal link between the…