Questione giuridica chiave
Whether a municipal rule fixing compensation for 'road land' at one-third of market value complies with the full compensation principle.
Decisione estratta
No. Compensation for expropriated land must be assessed individually at its objective market value; a blanket or schematic reduction is impermissible.
Motivazione estratta
The property guarantee binds even the legislator. Full compensation under Art. 22ter BV and § 231 Abs. 1 EGZGB requires the value of the property at the time of expropriation, including all disadvantages caused by the taking. A general cap of one-third for road land unlawfully reduces the compensation owed.