Questione giuridica chiave
Whether a municipality may convert a private road into a public road without a lawful expropriation procedure.
Decisione estratta
No. A genuine private road cannot be turned into a public road against the owner's will unless the land is acquired by purchase or by lawful expropriation.
Motivazione estratta
The municipality wanted to acquire the land itself, not merely open the road to public use while private ownership remained. Such acquisition cannot result from a unilateral declaration; if the road is not already designated as public in the building plan, expropriation must proceed under the ordinary cantonal procedures. A municipal bylaw cannot create a special compulsory taking regime inconsistent with cantonal law.