Chapter 15
in forceDamage
Section 15.1
Nadeelcompensatie
If an administrative authority, in the lawful exercise of its public law power or task pursuant to this Act, causes damage, Title 4.5 of the General…
For the application of this Section, compensation for damage as referred to in Article 4:126, paragraph 1, of the General Administrative Law Act does…
If an environmental permit is required for an activity, the damage consisting of a reduction in the value of an immovable property shall be…
If no environmental permit is required for an activity that is permitted pursuant to a rule as referred to in Article 15.1, first paragraph, under…
The applicant has in any event not accepted the risk of the occurrence of damage as referred to in Article 4:126, paragraph 2, under a, of the…
In the event of damage caused by an amendment to one or more rules in an environmental plan or in an environmental ordinance established with a view…
In the case of an application for compensation for damage consisting of a decrease in the value of an immovable property caused by a decision…
If the application for compensation relates to a decision of the municipal council, the general board of a water board or the provincial council, or…
By Order in Council, administrative authorities or other bodies may be designated which, in cases specified therein, shall be afforded the…
Rules may be established by Order in Council regarding an obligation to provide information and to give notice thereof, to be included in an…
Section 15.2
Schade bij gedoogplichten
Article 10.1 shall apply mutatis mutandis.
Damage resulting from a duty to tolerate (gedoogplicht) as referred to in Sections 10.2 and 10.3 shall be compensated by the initiator of the…
Damage that is a direct and necessary consequence of a duty to tolerate (gedoogplicht) as referred to in Section 10.2 shall be compensated to the…
Damage that is a direct and necessary consequence of a duty to tolerate as referred to in Section 10.3 or Article 10.3, paragraph 3, shall be fully…
The civil court within whose jurisdiction the immovable property is situated in whole or in the main part has jurisdiction over a claim for damages…
A person who is entitled to claim compensation for damage may first request the Provincial Executive of the province in which the immovable property…
Section 15.3
Schadeloosstelling bij onteigening
The owner of an object that has been designated for expropriation in an expropriation order is entitled to compensation.
Damage suffered by an owner directly and necessarily as a result of an expropriation pursuant to this Act shall be fully compensated.
In the event of expropriation of an object sold by way of hire purchase, compensation shall be awarded to the hire-purchase seller from the amount…
In determining the compensation, the point of departure shall be the day on which the deed of expropriation is registered in the public registers.
When determining the compensation, changes that have evidently been made for the purpose of increasing the compensation shall be disregarded.
The actual value of the expropriated property shall be compensated.
In determining the actual value of the expropriated property, no account shall be taken of any advantages or disadvantages that have arisen as a…
In determining the price of the expropriated property, account shall be taken of:
In determining the actual value of the expropriated property, the price of the expropriated property shall be reduced or increased by benefits or…
Damages include the statutory interest thereon. The statutory interest shall be calculated from the day on which the court has determined the damages.
Also entitled to compensation are:
In determining the compensation for the tenant, account shall be taken of the probability that the lease would have continued had the expropriation…
Article 377, paragraphs 4 up to and including 7, of Book 7 of the Civil Code shall apply mutatis mutandis to the determination of the compensation…
The mortgagee and the registered attaching creditor have no right to separate compensation. Only if they have submitted a statement of defence in the…
Article 15.30 shall apply mutatis mutandis to the provisional compensation referred to in Article 15.43 and the increases thereof.
In determining the compensation due to the lapse of an easement or a right as referred to in Article 252 of Book 6 of the Civil Code, account shall…
The usufructuary may only invoke the acquisition of a usufruct on the claim for compensation for the principal entitled party against the…
In the event of expropriation of assets bequeathed subject to a condition, the person to whom the bequeathed asset accrues pending the fulfilment of…
In the event of expropriation of an object sold under a hire-purchase agreement, the hire-purchaser is entitled to the remainder after an indemnity…
The Code of Civil Procedure applies to the petition for the determination of compensation and the handling of that petition, unless the nature of the…
Without prejudice to the requirements imposed by Article 30a, paragraph 3, of the Code of Civil Procedure on a petition for a petition procedure, the…
If an owner, *beklemde meier*, hire-purchaser, or holder of a perpetual leasehold (*erfpachter met een eeuwigdurende erfpacht*) mentioned in the…
The court shall appoint an odd number of experts to submit a written report regarding the compensation.
The on-site inspection shall be conducted in the presence of a judge accompanied by the registrar.
Interested parties who have not been summoned may be present at the on-site inspection in order to also have their damage assessed.
The experts shall draw up an expert report on the basis of the on-site investigation and on the basis of other available information. The expert…
The court shall determine the provisional compensation for each interested party as soon as possible. Such compensation shall be equal to the offer…
Without delay after the expert report has been submitted, the court shall determine the time at which an oral hearing will take place.
The final order by which the court determines the compensation shall also include an order for the set-off of the compensation determined by the…
The costs of the compensation proceedings shall be borne by the expropriating party.
If the interested party has not submitted any objections to the court against the expropriation order as referred to in Article 16.97, the court…
Only an appeal in cassation may be lodged against the decision of the court.
If the person to whom the compensation has been awarded refuses to accept it and has therefore been served with a notice of default by way of a…
If an attachment has been levied against the expropriating party in respect of the compensation or the provisional compensation, said party shall…
If the petition for the drawing up of the deed of expropriation has not been filed within the period referred to in Article 11.15, the expropriating…
Section 15.4
Schadevergoeding bij voorkeursrechten
The alienator may claim that the municipality, the province or the State shall compensate him for the damage that he may have suffered as a result of…
Section 15.5
Schade door in het wild levende dieren
The Provincial Executive shall, upon the petition of an interested party, grant compensation for damage sustained within their province, caused by…