Key legal question
Whether compensation for direct overflight of the parcels requires unforeseeability of the airport operations
Extracted holding
No. For direct overflight, the unforeseeability criterion does not apply; the owner may claim compensation even if the overflight was already foreseeable or known.
Extracted reasoning
The court distinguished direct intrusion into airspace from indirect noise immissions. The Tranchet line of cases holds that overflight is a direct taking-like intrusion, unlike noise, so the special foreseeability test developed for noise claims is not applicable. Economic foreseeability may only matter when fixing the amount.