Question juridique clé
Whether road construction contributions may be charged when the special benefit is not yet legally realizable because no easement can be ordered.
Solution extraite
No contribution may be levied unless the owner can actually and legally use the facility; a mere potential benefit is insufficient, and the statutes on early development and installment deferral do not apply.
Motifs extraits
The court held that the special benefit must be realizable at the time the contribution is assessed. Since the municipality had no legal title to impose the necessary right of way, the benefit was not legally secured. §§ 21 f. GBV concern cases where the benefit is already realizable, not cases of missing legal access.