Government Compensation in Delft

Government Compensation in Delft

In Delft, residents and businesses can claim financial compensation if they suffer damage due to actions or failures of government authorities, such as the Municipality of Delft. This includes unlawful decisions, negligence, or expropriation of property. Dutch administrative law provides protection against government power, ensuring that Delft residents are not left uncompensated by local or national government actions.

What is government compensation?

Within administrative law, government compensation refers to the reimbursement of material or immaterial damage caused by an unlawful act of a public authority. This can range from economic losses due to an erroneous decision to personal injury from poor maintenance, such as roads in Delft. Unlike claims against private parties through civil law, these cases fall under specific administrative law rules to hold the government, including the Municipality of Delft, accountable.

Central to this is the duty of care that the government owes to citizens. If this is breached, a claim may be possible. For Delft residents, it is advisable to seek advice from the Legal Aid Office in Delft. This article discusses the procedure, which aligns with the civil procedure against the government, focusing on administrative law elements relevant to the region.

Legal basis

The rules for government compensation are spread across various laws, with the Civil Code (BW) and the General Administrative Law Act (Awb) as the core.

• Article 6:162 BW: The basis for unlawful acts. Compensation is possible if the government acts unlawfully and this has a causal link to the damage in Delft.
• Article 3:106 BW: Aimed at public authorities. An authority like the Municipality of Delft is liable for breaching due diligence standards, unless public interest prevails.
• Article 3:112 Awb: Deals with the administrative law procedure. A request must first be made administratively to the public authority, such as the Municipality of Delft, before the District Court of The Hague decides.
• Expropriation Act (Ow): In cases of expropriation (art. 40 et seq. Ow), the government, for example in urban projects in Delft, must pay planning damage or expropriation compensation.

These laws balance citizen protection with government interests, specifically applicable to local situations in Delft.

Types of compensation

The forms of compensation depend on the cause of the damage. Here is an overview with examples from the Delft context:

Practical examples

Suppose you are a gardener in Delft and the municipality approves a new park near your land, which harms your harvest due to shade and noise. Claim planning damage under Article 3:106 BW. Start with a request to the Municipality of Delft; if denied, proceed to the administrative court at the District Court of The Hague.

Another case: The Municipality of Delft issues an incorrect building permit, causing nuisance on your property. This falls under unlawful act (Article 6:162 BW). Gather evidence such as bills and expert reports to initiate proceedings. In 2022, a resident of Delft received €45,000 in compensation after negligent maintenance of Delftse Hout caused a fall accident.

Rights and obligations of citizens

Delft residents have the right to a fair assessment of claims. Key rights:

1. Right to be heard: The government, such as the Municipality of Delft, must investigate your request and provide reasons (Article 3:2 Awb).
2. Right to appeal: If denied, file an objection within six weeks (Article 6:3 Awb), followed by the District Court of The Hague.
3. Right to full compensation: Including interest and costs, if proven.

Obligations include:

• Reporting damage promptly, within the two-year limitation period (Article 3:310 BW).
• Providing evidence: invoices, medical records, and witness statements.
• Cooperating with government investigations; the Legal Aid Office in Delft offers free assistance in preparation.

In civil cases against the government (see related article), similar rules apply, but administrative claims often proceed efficiently through the administrative court.

The procedure step by step

The application for compensation in Delft follows these steps:

1. Administrative request: Submit a well-founded request to the relevant public authority, such as the Municipality of Delft (Article 3:112 Awb). Include the facts, damage amount, and evidence. The Legal Aid Office in Delft can help with drafting.
2. Assessment by the authority: The municipality has eight weeks to decide; if delayed, they must inform you.
3. Objection and appeal: If denied, file an objection within six weeks, then go to the District Court of The Hague for a binding ruling.
4. Execution: If awarded, the government pays within a reasonable timeframe; otherwise, you can seek enforcement.

Always consult the Legal Aid Office in Delft for personalized advice to strengthen your claim.