Expropriation law

Our attorneys specialising in expropriation law

Nysingh’s attorneys specialising in expropriation law provide expert legal assistance in expropriation matters and have been involved in virtually all major infrastructure projects, such as HSL, Betuweroute, A2, A27, A50, A73, Hanzelijn and Room for the River. We represent the Directorate-General for Public Works and Water Management, ProRail and various municipalities and provinces. Water boards also make use of our services for the dyke reinforcement projects they are currently undertaking.

For a successful land acquisition, it is important to be clear about the use of the expropriation instrument at an early stage and to allow sufficient time for the procedure. On the other hand, the titleholder should be fully compensated for their loss. By being upfront, it is often possible to avoid an actual expropriation procedure.

We combine in-depth legal expertise with practical experience. We understand your interests and provide solutions that work in practice.

The new expropriation procedure

The entry into force of the Environment and Planning Act on 1 January 2024 resulted in significant changes to the expropriation procedure. The confirmation procedure before the administrative court is an entirely new element that has yet to fully crystallise in case law.

These changes bring with them a degree of uncertainty. The new procedure requires tight planning and flawless execution. Mistakes in the procedure can lead to delays and unnecessary costs, or even having to restart the process entirely.

That is why it is crucial to proceed with care right from the start. We ensure that you comply with all legal requirements and that your project stays on track. Our specialists keep a close eye on developments in case law and advise you on the best strategy to adopt, so that you can avoid risks and ensure your interests are optimally protected.

From the opening talks to the transfer of ownership

We will assist you from the planning decision-making stage and amicable consultation up to and including the confirmation procedure, the determination of compensation and the finalisation before a notary. In doing so, we always pay close attention to detail without losing sight of the planning. Together, we work on a negotiation strategy designed to minimise the likelihood of lengthy proceedings. Avoiding expropriation procedures by entering into an agreement remains the best outcome.

That is why it is essential to consult a specialist at an early stage, not just in the civil proceedings in which the compensation is determined, but much earlier in the process. The sooner you have the right expertise on board, the greater the chance that your project will progress smoothly and without delays.

Your legal partner

As your legal partner, we will assist you through every stage of the expropriation process. You can count on us for expert advice and support in areas such as:

• Your land acquisition and negotiation strategy
• Lead times for procedures and planning
• “Expropriation proofing” the environment plan, project decision or activities outside the environment plan
• The expropriation order
• Amicable consultation to prevent expropriation
• The review of the compensation
• Self-realisation
• Compensation in land in relation to the Didam judgment
• The position of interested parties (such as leaseholders and tenants)
• The confirmation procedure
• The civil proceedings to determine the amount of compensation
• The transfer of ownership by the civil-law notary

Even if you are looking for legal advice on other matters relating to land or environmental law, you need not look further than Nysingh. Not only are we the leading experts in expropriation, but we also have extensive knowledge and experience in the areas of rights of first refusal and obligations to tolerate.

Contact details

If you have any questions, Please feel free to contact us. Our attorneys specialising in expropriation law are ready to assist you. Please do not hesitate to contact us for a no-obligation consultation.

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