Key legal question
Whether the formal expropriation of the entire parcel complied with the principle of proportionality.
Extracted holding
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.
Extracted reasoning
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.