Last changed: 17/07/2003
Compensation for road traffic noise can be considered on the basis of:
The Federal Roads Act: In the planning decision on the construction or major alteration of a federal road, noise abatement measures (for example sound insulation walls or embankments) are required to be taken by the party responsible for the construction. A claim for compensation can be made if the noise abatement measures are not compatible with the project, or if their costs are disproportionate to the intended noise reduction. This provision applies also to federal testing facilities for lane-led traffic; similar possibilities exist in some state road laws.
The Civil Code: The federal court has approved monetary compensation for necessary sound insulation on land affected by unreasonable noise levels; it accepted the justification of compensation for loss of value of the land (for expropriation) only in the case of sound barriers being impracticable or disproportionately expensive, and where the permitted use of the road area results in a long-term alteration in the situation on the land and thereby affects the neighbouring housing severely and unreasonable.