Property Owner Compensation for Damage During Public Servitude Use

A property owner appealed a judgment that required them to restore a roadway to its prior condition after a municipality used it for the passage of heavy vehicles during construction work, arguing that the municipality was not liable for damages occurring during legitimate exercise of public servitude rights. The court of cassation quashed the lower court's decision, reasoning that while the exercise of a public right-of-way allows for passage, it does not inherently grant the right to cause significant damage to the private property owner's land, thus maintaining the owner's right to compensation for damage exceeding normal wear and tear associated with the authorized use.