Questione giuridica chiave
Whether the rezoning constituted compensable material expropriation because the parcel could likely have been built on by the critical date.
Decisione estratta
No. The parcel was not shown to be buildable with high probability at the critical date because lawful road access was lacking and could not be readily secured.
Motivazione estratta
The existing access did not meet cantonal access and traffic-safety requirements, and the owner had neither a registered right of way nor a simple contractual basis for a compliant access road. The lower court could therefore find that the owner could not have realized development on its own.