Questione giuridica chiave
Whether the revision commission and cantonal court could treat the case as a total expropriation despite the owner's partial-expropriation claim.
Decisione estratta
No. The revision commission could not infer total expropriation solely from the owner's indemnity claims; the cantonal court arbitrarily treated the dispute as limited to total expropriation.
Motivazione estratta
Art. 53(6) LR applies only in a genuine partial expropriation and requires a justified compensation for the remaining land's depreciation exceeding half its value. The authorities had to examine whether that condition was actually met instead of assuming it from the amount claimed.