Expropriation and the Municipalities (Preferential Rights) Act (Wet voorkeursrecht gemeenten) are two instruments authorities can use to facilitate spatial development – for instance to enable the proposed development of an industrial park, the restructuring of an urban district or the construction of a residential neighbourhood or road. The Municipalities (Preferential Rights) Act enables municipalities to establish a preferential right to land within a certain area such that if the owner ever wishes to sell that land it has to be offered to the municipality first, for a price in keeping with the market. For a municipality to establish such a preferential right, it must satisfy the criteria set out in the Act.
Our team can provide municipal authorities with expert guidance in this process.
Expropriation is regulated by the Expropriation Act (Onteigeningswet) and effected if the government is unable to gain possession of the land in question by voluntary means (Section 17 of the Expropriation Act). In such cases, it can then do so via an administrative and judicial procedure. Our specific knowledge of the local region and players and our experience conducting amicable negotiations enables us to steer clear of unnecessary and lengthy proceedings. In principle, expropriation law provides for full compensation of all damages arising from expropriation. Our team is well-versed in compensation law and can also call in other specialists such as land and estate agents. We also have the necessary expertise to prepare independent, objective recommendations, supervise administrative expropriation proceedings and take legal action. Our expropriation law specialists would be happy to help you explore possible solutions, seek amicable settlement and, if needed, represent you in court. Having frequently served as a court-appointed expert and as a third party pursuant to Section 20 of the Expropriation Act, we are familiar with all the ins and outs of expropriation suits.