Facts

Parcel No. 1026 in the so-called Untere Lenzhardfeld originally belonged to the Wiederkehr brothers and was divided in 1984. Max Fischer AG acquired one of the parcels. In the context of the revision of the municipal zoning plan, the municipal assembly of Niederlenz rejected an application for rezoning of the Untere Lenzhardfeld in 1984, so that it remained in Industrial Zone 2. In 1986, Max Fischer AG concluded a purchase contract for its parcel with Nickelmesh AG, which contained a withdrawal clause. In 1987, the municipal council imposed a planning zone on the area and rejected the building permit application of Nickelmesh AG. On March 31, 1987, the municipal assembly decided to allocate the Untere Lenzhardfeld to the non-construction zone. Arthur Wiederkehr and Max Fischer AG unsuccessfully filed legal remedies against this decision. They then filed a claim for compensation with the Valuation Commission due to material expropriation, which was rejected by the Administrative Court of the Canton of Aargau. They filed an administrative court appeal against this.

Considerations

The Federal Court upholds the appeal. It finds that the non-rezoning of the appellants' land into the non-construction zone constitutes a material expropriation, as the cumulative prerequisites for this are met:

  • The land of the appellants can be considered roughly developed, as it is adjacent to a high-performance road and has the necessary development infrastructure.
  • The appellants…