Questione giuridica chiave
Whether the unforeseeability requirement for expropriation compensation due to airport noise was met after the property had been transferred within the family in 1970.
Decisione estratta
The commission could not treat the 1970 sale as an advancement of inheritance on the existing record; unforeseeability was therefore not established and the partial decision had to be annulled.
Motivazione estratta
For the inheritance-based exception to apply, a gratuitous or partly gratuitous transfer must be shown. A sale at a favourable price, without proof of a liberal intent or a mixed donation, does not suffice. The commission relied on speculative family considerations rather than established liberalities.