Question juridique clé
How to assess compensation for a compulsory public right of way imposed as an easement.
Solution extraite
Compensation equals the difference between the market value of the parcel without the burden and with the burden; for the affected strip, the court accepted a value of CHF 185/m², resulting in CHF 18,130 total.
Motifs extraits
The forced easement is a partial expropriation. Although the strip remains within the building-setback area, the easement removes building, garden, and parking use and does not count as attributable land for floor-area calculations; the lower amount ignored the true loss in building potential and current land prices.