Question juridique clé
Whether the expropriation of the servitude caused compensable damage requiring an indemnity assessment
Solution extraite
The cantonal judgment lacked sufficient reasoning to exclude damage; the case had to be sent back for a properly reasoned decision on whether the appellants suffered a loss in value.
Motifs extraits
Under constitutional and cantonal expropriation law, compensation is due for expropriation and partial expropriation. The record did not show a concrete compensating advantage for the appellants, and the asserted increase in value was not sufficiently substantiated.