Facts
The religious community "First Church of Christ, Scientist" is the owner of a parcel in Zurich-Hottingen, on which a church and an annex are located. For the construction of the Zurich S-Bahn, the property was partially expropriated, and easements for tunnel construction and railway operation were granted. The Swiss Federal Railways (SBB) filed an administrative court appeal against the decision of the Federal Valuation Commission, which had awarded the expropriated party compensation of CHF 2,611,000.Considerations
The Federal Court partially upholds the appeal and sets the compensation for the partial expropriation at CHF 2,400,000. It finds that the costs for the renovation of the property with basement floors assumed by the Valuation Commission were clearly too low. The existing buildings would not only have had to be underpinned, but also newly braced, which would have significantly increased the costs.
According to the principles of partial expropriation, the reduction in value of the property resulting from the restriction of underground use and the additional costs for the new construction must be compensated. The Federal Court estimates this reduction in value at 15% of the market value, i.e. CHF…