Questione giuridica chiave
Whether the canton must bear the costs of the project-approval proceedings concerning the granting of expropriation rights for the road project.
Decisione estratta
Yes. Because the canton exercises the expropriation right as holder of the road burden for cantonal roads, it must bear the costs of the expropriation procedure and the related approval proceedings.
Motivazione estratta
Under the road statute, approval of the project grants expropriation rights if needed and no agreement is reached; compensation is then determined later in expropriation valuation proceedings. The expropriation right belongs to the canton, and the expropriation statute places procedural costs on the expropriator. This applies equally to the granting of expropriation rights in the project approval stage.