Kernrechtsfrage
Whether compensation for land taken in the land consolidation had to be paid at full market value or could be based on a reduced value with benefit offset.
Extrahierter Entscheid
The compensation did not have to equal the full market value; because the owners benefited from the road construction, a reduced compensation with benefit offset was permissible and adequate.
Extrahierte Begründung
Land consolidation is an expropriation-like measure aimed at exchange and reallocation, so compensation normally follows real substitution rather than cash payment. Where cash compensation is exceptionally paid, it may correspond to the market value; however, when the owners do obtain a benefit from the consolidation works, that benefit may be offset under the expropriation-related rules. The road improved access to the parcels, and the reduction in compensation was modest.