Material Expropriation in the Allocation of Land Parcels to the Core Zone with Building Prohibition

Facts

The land parcels with cadastral numbers 2795, 2796, 8911, and 9449 in Feldmeilen were allocated to the Feldmeilen core zone KB 75% within the framework of the Building and Zoning Ordinance of the Municipality of Meilen from 1988, which resulted in a far-reaching building prohibition. The owners subsequently asserted claims for compensation due to material expropriation. The Federal Court had to assess whether the allocation to the core zone constituted a compensable restriction on property.

Considerations

The Federal Court concluded that the allocation of the parcels with cadastral numbers 9449 and 2795 to the core zone with building prohibition constituted material expropriation. These parcels belonged to the largely developed area of Feldmeilen, and the owners could therefore expect a rezoning into the building zone. Although the preservation of these parcels served to protect the Mariafeld country estate, it did not require a mandatory exclusion of development. Therefore, the non-rezoning was subject to compensation.

However, the Federal Court denied material expropriation for the parcel with cadastral number 8911. Its…