Facts
The dispute concerns the calculation of the compensation to be paid to Mr. Gugger for the expropriation of a part of his plot for the construction of a road. The municipality of Wettingen offered CHF 50 per m2, i.e. a total of CHF 28,000, but Mr. Gugger claimed CHF 180 per m2 as well as compensation for the reduced value of the remaining plot and the costs of constructing a wall.
The Cantonal Court set the compensation at CHF 32,000, based on the expert's assessment that the value of the entire plot before the expropriation was CHF 232,000 and the value of the remaining plot after the expropriation was CHF 200,000, taking into account the change in zone.
Mr. Gugger appealed against this decision, arguing that it violated the guarantee of property and the principle of equality.
Considerations
The Federal Tribunal considers that the calculation of the compensation based on the difference in value between the entire plot before the expropriation and the remaining plot after the expropriation is in line with established practice. However, it deems it arbitrary to have taken into account the change in zone to assess the value of the plot before the expropriation, when the new zone was only applicable after the expropriation.
Indeed, although the zoning plan was adopted at the same time as the development plan providing for…