Key legal question
Whether the cantonally ordered servitude-rearrangement under Art. 93a LAF was compatible with the property guarantee and not arbitrary
Extracted holding
The cantonal court violated the property guarantee by confirming the new state without a genuine balancing of interests and without examining compensation in light of the burdens imposed on the appellants.
Extracted reasoning
The court held that the measure affected limited real rights and required a concrete weighing of the public interest against the burden on each owner, together with application of the principle of real compensation; the cantonal judgment failed to do so.