Facts
Ernst Billeter and Edgar Stampfli are the owners of two properties in Dietikon that have been built on for a long time. The properties were originally located in the J1 industrial zone, but were assigned to the municipal conservation zone (FB) by a new building and zoning ordinance. The owners then asserted claims for compensation based on material expropriation. The Administrative Court of the Canton of Zurich found that the assignment of the properties to the conservation zone did not constitute a material expropriation. The owners filed an administrative court appeal against this judgment, which the Federal Supreme Court upheld.Considerations
The Federal Supreme Court states that the non-inclusion of a property in a building zone in the initial creation of a spatial planning framework that meets the constitutional and legal requirements does not generally trigger an obligation to pay compensation. However, an exception may apply if the property is buildable or roughly developed land that is affected by a water protection project and the owner has already incurred significant costs for development and construction.
In the present case, the land is located in a largely built-up area within the meaning of Art. 15 let. a…