Facts
In June 1999, the Canton of Zurich, as the former airport operator, requested the Federal Appraisal Commission to initiate formal expropriation proceedings to assess the compensation claims received for excessive aircraft noise emissions. The parties designated 18 proceedings as pilot cases, including the case concerning the single-family home plot of X. in Opfikon-Glattbrugg. The Appraisal Commission set the noise-related reduction in value of the property at 17.5% or CHF 140,000, with the costs of sound insulation measures at the residential building, amounting to CHF 20,000, to be deducted. Both parties filed administrative court appeals against the decision.Considerations
The Federal Supreme Court partially upholds the appeal of the expropriated party. The appeal of the expropriating party is dismissed. The Federal Supreme Court confirms that there are no actual overflights within the meaning of a violation of the basic property rights in the case of take-offs on runway 16. However, it affirms the entitlement to compensation for the suppression of neighboring rights of defense due to the unpredictability and specificity of the noise emissions as well as the severity of the damage. To determine the…