Case went all the way to the Federal Supreme Court Landowner demands millions from canton over road
An entrepreneur from Aargau demanded millions for noise and expropriation damages in connection with the Mellingen bypass. After losing several appeals, it is now clear that his appeal has been unsuccessful.
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- A company owner demanded 2.8 million francs in compensation for land and noise damage.
- The Aargau courts and now the Federal Supreme Court have rejected the claim: The claim was massively excessive.
- The man has to pay more than 80,000 francs in legal and court costs.
The legal dispute over the Mellingen bypass is over. The Federal Court in Lausanne has dismissed the final appeal by a land and company owner - thus confirming the rulings of the Aargau courts.
The case has been dragging on for years: The owner had had to cede parts of his land for the construction of the road and felt financially disadvantaged as a result. According to the "Aargauer Zeitung" newspaper, no agreement was ever reached between him and the canton of Aargau.
The entrepreneur demanded compensation totaling 2.8 million Swiss francs. He claimed the largest part - around 2.3 million francs - on the basis of alleged noise emissions. The canton considered this sum to be unrealistic and offered him CHF 5800 instead.
During the proceedings, the plaintiff reduced his claim, but maintained his position on the merits. Because the courts classified his claims as "manifestly abusive, unfounded or exaggerated", he had to pay 85% of the costs in the lower courts. He lodged an appeal against this in Lausanne - without success.
Landowner demanded more and more payments
The Federal Supreme Court came to the conclusion that it was "not untenable" to describe the original claim as massively excessive when ultimately only 5,800 francs were awarded. Even the reference to an earlier settlement offer of CHF 100,000 from the canton did not change this. According to the court, such offers can be made "to avoid lengthy proceedings" and are not a measure of the actual claim.
In addition to the noise compensation, the owner demanded further payments for land cessions, footpath and driveway rights as well as for additional allotment areas. The Aargau courts had awarded him 59,670 francs for this. However, he insisted on almost 392,000 francs - also unsuccessfully.
The central point of the proceedings was the question of how the value of the land should be calculated. The complainant wanted to determine the compensation according to the so-called capitalized earnings value method, while the canton wanted to apply the market value. The judges followed the cantonal view.
The Federal Supreme Court thus confirmed the assessment of the lower courts: The compensation set was correct and the appeal was "unfounded".
In addition to the 75,000 francs that the cantonal courts had already ordered him to pay, the entrepreneur must now also pay 7,000 francs in federal court costs.
Another case recently caused a stir on Swiss roads before the Federal Supreme Court. Despite a driving ban in Romanshorn, a German drove only 15 meters before he was stopped. The Thurgau authorities extended the ban by six months. The Federal Supreme Court confirmed the decision; the minimum duration also applies in minor cases.
