Questione giuridica chiave
Which date governs the assessment of expropriation damages when the public authority took early possession of the land?
Decisione estratta
The decisive date is the date of the first-instance estimation judgment, even in cases of early possession by the public authority and even if a long time elapsed between possession and judgment.
Motivazione estratta
The court relied on established Solothurn practice and the prevailing view in doctrine and case law. Early possession alone does not justify departing from the general rule, and it would be impermissible to use the earlier possession date to the owner’s detriment.