Questione giuridica chiave
Whether the agricultural court had jurisdiction over the objection concerning transfer or deletion of the foot-and-vehicular way easement in the land consolidation procedure.
Decisione estratta
The dispute was a public-law matter within the land consolidation procedure, and the agricultural court was competent to decide the objection by way of claim proceedings.
Motivazione estratta
The bereinigung of easements was an important procedural measure under the cantonal land improvement rules and had to be reviewed in the same public-law framework as other consolidation measures. The court’s narrow reading of the statutes was arbitrary and ignored the system, purpose, and structure of the legislation.