Dutch Legislation

Chapter 11

in force

Expropriation

Environment and Planning Act (Omgevingswet) · Articles: 21

Section 11.1

General provisions

11.1 Article 11.1

Expropriation of immovable property in the public interest as referred to in Article 14 of the Constitution may take place pursuant to this chapter…

11.2 Article 11.2

Expropriation may take place in the name of an expropriating party.

Section 11.2

Expropriation order

11.3 Article 11.3

The expropriation order designates the immovable property to be expropriated.

11.4 Article 11.4

An expropriation order may be issued by:

11.5 Article 11.5

An expropriation order may only be issued:

11.6 Article 11.6

An expropriation interest only exists if the intended form of development, use or management of the physical living environment:

11.7 Article 11.7

The necessity for expropriation is in any case absent if:

11.8 Article 11.8

If the interest of expropriation relates to the maintenance of public order in the vicinity of a building as referred to in Article 13b, paragraph 2…

11.9 Article 11.9

If the interest of expropriation relates to the enforcement of Articles 2, 2a, 3, 10a, first paragraph, preamble and under 3°, 10c, first paragraph…

11.10 Article 11.10

If the interest of expropriation relates to the termination of a violation as referred to in Article 17 of the Housing Act (Woningwet) in a building…

11.11 Article 11.11

In any event, urgency is lacking if it is not plausible that the realisation of the intended form of development, use, or management of the physical…

11.12 Article 11.12

The expropriation order shall lapse if the expropriating party does not, within twelve months at the latest after that order has become irrevocable…

11.13 Article 11.13

Article 3:20, opening words and under (b), of the General Administrative Law Act and Article 5.45, paragraph 1, are not applicable to an…

Section 11.3

Compensation for expropriation

11.14 Article 11.14

After the expropriation order has been made public, the expropriating party may petition the court within whose jurisdiction the immovable property…

Section 11.4

Expropriation deed

11.15 Article 11.15

No later than two months after all conditions referred to in Article 11.16, paragraph 1, have been met, the expropriating party shall request a…

11.16 Article 11.16

An expropriation deed may only be executed if:

11.17 Article 11.17

An expropriation deed shall be signed by the expropriating party.

11.18 Article 11.18

Upon the registration of an expropriation deed executed by a civil-law notary in the public registers, the expropriating party acquires ownership…

11.19 Article 11.19

Water board charges and similar levies, as well as all taxes with which the expropriated property is encumbered or which are paid in respect thereof…

11.20 Article 11.20

At the request of the expropriating party, the preliminary relief judge may, by means of an order issued in executory form, give the necessary orders…

Section 11.5

Failure to realise the purpose of expropriation

11.21 Article 11.21

The expropriating party offers the expropriated party the opportunity to have the expropriated property reconveyed if, due to causes that the…