Compulsory acquisition in the Netherlands

Sanne Holtslag-Broekhof, Thomas Hartmann, T.J.M. Spit

Research output: Chapter in Book/Report/Conference proceedingChapterAcademicpeer-review

Abstract

Alterman contribution elaborates the "minor nuances" along rather specific aspects of compulsory acquisition in the Netherlands. Active land policy involves the use of public power and instruments to acquire land for the designated land use. Urban densification policies became more urgent, as the capacity needed to sustain shops and facilities in cities increased enormously. The procedure in court can be lengthy, as both the government and the land owner are allowed to use cassation appeal. The basis of the compulsory acquisition compensation regulations is that all affected parties should be fully indemnified. The compensation is limited to a financial compensation. Although the government is obliged to offer alternative property during the voluntary negotiations, the owner has no right to alternative property or housing. If the voluntary negotiations fail and the expropriation is proclaimed in court, the owner only receives a financial compensation for the loss of the property.
Original languageEnglish
Title of host publicationCompulsory Property Acquisition for Densification
EditorsGlen Searle
PublisherRoutledge
Chapter2
ISBN (Electronic)9781315144085
Publication statusPublished - 2018

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