Facts
The Canton of Valais expropriated parts of the Gamsenried landfill of Lonza AG for the construction of the A9 motorway. The compensation for the resulting loss of landfill volume was disputed. The Federal Appraisal Commission awarded Lonza AG a total compensation of CHF 4,836,633, against which the Canton of Valais filed an administrative court appeal.Considerations
The Federal Supreme Court largely upholds the appeal. It finds that the reduction of the landfill area was not primarily due to the construction of the national highway, but rather to measures for the remediation and redesign of the landfill in accordance with environmental protection regulations. At the time of the expropriation, better use of the expropriated areas as a residual waste landfill was not possible. For the loss of landfill volume on the expropriated areas 13b and 14b, a compensation of CHF 41/m3 is appropriate, as this corresponds to the costs that would have been incurred by the Canton of Valais for alternative landfilling of the material. Insofar as no more filling was possible on the expropriated…