Facts
X AG is the owner of a property in Wetzikon, which was located in Industrial Zone A according to the municipal zoning plan of 1986. In the course of a zoning plan revision in 1998, the property was assigned to the Recreation Zone, with the exception of a narrow strip. X AG subsequently claimed compensation for material expropriation, which was rejected by the Appraisal Commission and the Administrative Court. The Federal Court overturned the decision and remanded the case to the Administrative Court for re-evaluation.Considerations
The Federal Court stated that the rezoning of the property from the Industrial to the Recreation Zone constitutes a rezoning subject to compensation and not a non-compensable non-inclusion. While zoning plans issued under the Spatial Planning Act can be adapted to changed circumstances without generally triggering compensation, it must additionally be examined whether the right to build could have been realized with a high probability in the near future. The planning horizon…