Question juridique clé
Whether the house parcel qualified for compensation under Art. 19 lit. b EntG because the utility parcel had a shield function.
Solution extraite
Yes. The neighboring parcel could serve as a protective shield for the dwelling, so a value loss of the remaining holding was compensable.
Motifs extraits
For partial expropriation compensation, overreaching immissions under Art. 684 ZGB are not required. What matters is an objectively existing economic and functional connection and an adequate causal link between the taking and the loss in value. The shield effect is assessed at the relevant valuation date, not at the time of acquisition.