Questione giuridica chiave
Who must bear the procedural costs incurred in the project approval proceedings concerning the expropriation right for the road expansion?
Decisione estratta
Because the Canton exercises the expropriation right as holder of the road burden for cantonal roads, it must bear the procedural costs of the expropriation-right proceedings tied to the road project.
Motivazione estratta
Under the cited road statute, approval of the project grants the expropriation right where necessary; compensation is determined later if no settlement is reached. The expropriation right belongs to the Canton, and the expropriation act provides that the expropriator bears the costs. That rule applies to all expropriations, including the granting of expropriation rights in project approval proceedings.