Questione giuridica chiave
Whether the expropriation commission could authorize immediate taking of possession over the owner's objection.
Decisione estratta
No. In a dispute over immediate possession under Art. 46 of the Expropriation Act, the Federal Council decides; the commission may only fix the security.
Motivazione estratta
Because Wunderli denied any duty to allow commencement of works, the matter concerned the application of Art. 46. The commission exceeded its powers by granting the authorization itself; in contested cases the right to immediate possession is not for the commission but solely for the Federal Council to decide.