Expropriation

If the government proposes a development on the land of another party, it is possible to acquire this land by means of expropriation. This is always preceded by an amicable process of negotiations. If no agreement is reached with the landowner, expropriation proceedings may be instituted by following the administrative Crown procedure, followed by the court expropriation procedure at the district court. In the latter procedure the district court decides whether or not the expropriation can be pronounced and what amount of compensation should be paid in return.
The district court will engage experts to evaluate this compensation.

The attorneys of the expropriation law practice group are specialised in assisting both the landowner and the government in respect of all expropriation aspects. For example, they take part in negotiations, provide advice concerning administrative expropriation procedures, prepare opinions in the Crown procedure and represent both authorities and owners in the court proceedings. If it concerns the representation of the landowner, all reasonably incurred costs that are directly related to the expropriation are reimbursed by the government.

Recent work

  • Assisting a development corporation and a farmer losing land as a result of the rerouting of the A9 at Badhoevedorp
  • Assisting authorities in connection with expropriations as a result of zoning plans and road construction in, for instance, Aalsmeer and Haarlem

Areas of Expertise

  • Expropriation Act (administrative and court phase)
  • Spatial planning
  • Lease, rent and other rights of use
  • Contracts

Services

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