Facts
The Canton of Geneva appealed against the decision of the Federal Valuation Commission, which had awarded the heirs of G. and P. compensation of CHF 251,167.50 for the formal expropriation of neighbourhood rights due to noise nuisance from Geneva International Airport. The heirs had also filed a joint appeal to obtain additional compensation for the overflying of their parcels. The Federal Tribunal upheld the appeal of the Canton of Geneva and rejected the heirs' claim for compensation.Considerations
The Federal Tribunal first examined the admissibility of the heirs' joint appeal. It considered that this appeal did not seek anything other than the confirmation of the contested decision and therefore declared it inadmissible.
On the merits, the Federal Tribunal held that the condition of unpredictability, required for the granting of compensation for expropriation due to noise nuisance, was not met. Indeed, the disputed parcels were acquired after January 1, 1961, from which date the effects of the operation of the airport are considered predictable according to the case law.
Regarding the overflying of the parcels, the Federal Tribunal considered that the overflying during take-off,…