Kernrechtsfrage
Whether the formal expropriation of the entire parcel complied with the principle of proportionality.
Extrahierter Entscheid
Yes. Given the planning rules and the need for clear, simple and future-proof legal relations, taking the whole property was proportionate; a servitude would not adequately secure the protection objectives.
Extrahierte Begründung
The zoning rules largely emptied the ownership rights of practical content by prohibiting occupation, construction and significant interventions. In such a situation, total acquisition of the ownership rights is justified to ensure proper execution of the protection plan.