Questione giuridica chiave
Whether the municipality was entitled to compensation for direct overflight of parcel no. 7282.
Decisione estratta
The evidence showed no regular low-altitude direct overflights affecting the property; occasional flight paths above the parcel did not constitute an expropriatory overflight.
Motivazione estratta
An expropriatory overflight requires actual intrusion into the airspace above the parcel at sufficiently low altitude and with some regularity. Here the property was practically never directly overflown, and the recorded flight paths mostly remained well above the critical height.