Facts
X. is the owner of a multi-family home in Glattbrugg, which is located in the area of the departures from Runway 16 of Zurich-Kloten Airport. On November 16, 1998, X. filed a claim for compensation due to excessive aircraft noise. The Federal Appraisal Commission Circle 10 awarded X. a reduction in value compensation of CHF 326,000, as it determined the reduction in value of the property due to aircraft noise to be 17.5% of the market value without aircraft noise. The calculation was based on a hedonic valuation model developed by an expert member of the Appraisal Commission (ESchK model).Considerations
The Federal Supreme Court examined the legality of the ESchK model and came to the following conclusion:
The development of the ESchK model by an expert member of the Appraisal Commission with the involvement of IAZI AG as a research institute does not violate the parties' right to be heard, provided that transparency and procedural rights are safeguarded. The non-consideration of rental income as an explanatory variable is not objectionable if the rent and cost-determining factors used in the model sufficiently explain the transaction prices. The database of 1,925 transactions, of which 143 were subject to aircraft noise levels above 50…