Government liability

Due to a particular planning decision, for example, real estate may decrease in value. Even if the government's action is lawful, in some cases the municipality must compensate for this loss of value. There are several disadvantage compensation schemes that can be invoked.

Municipalities often agree with developers to reimburse third parties (businesses and residents) for the loss compensation to be paid by the municipality: the loss compensation recovery agreement. We review or draft these agreements, often as part of an antecedent or cooperation agreement.

Loss and/or damage may arise as a result of an unlawful government act. This is the case, for example, where a municipality refuses a permit and an administrative court later finds that the permit should have been granted. Another example is where a public authority has provided incorrect information.

Environment and Planning Act

On January 1, 2024, the Environment Act entered into force. We have long been advising on the legal and practical implications for area development.

Projects

Among other things, we assist municipalities that have been held liable for wrongfully denying an environmental permit. These proceedings often involve compensation for damages. We also advise municipalities on loss compensation under the Environmental Law, whether or not as part of a (large-scale) area development. Our lawyers assist both public authorities and private parties.

Why choose Straatman Koster advocaten?

Our lawyers have an unrivalled understanding of the sensitive political and administrative issues for public authorities. They are experienced in dealing with complex environmental law-related matters, and they have all the relevant expertise needed to provide clients with sound advice. Many of our lawyers teach at renowned institutions and publish regularly in leading journals, reviews and guides.