Expropriation expert increasingly important, but hardly enshrined in law

Reports and Proceedings

RADBOUD UNIVERSITY NIJMEGEN

Since the Rutte 3 government considered expropriating farmers to reduce nitrogen emissions in 2021, the issue of expropriation has played a prominent role in current affairs. But what is involved in expropriation proceedings, and how is the amount of compensation determined? Sam Schuite studied the role of damages experts in expropriation procedures and related procedures such as planning damage and compensation for loss, and will be defending his PhD thesis on that research at Radboud University on 30 August.

If the government expropriates land, or if a new zoning plan causes damage to citizens (so-called ‘planning damage’), some compensation must be provided. This type of process goes through a court (in the case of expropriation) or an administrative body (in the case of planning damage), which hires a damages expert to advise on the amount of compensation. Experts are quite common in law, but the role they play in expropriation or planning damage is unique, according to Schuite's research.

“In regular civil law, experts are often called in to provide the judge with expertise that the judge does not have. In an expropriation case, on the other hand, the expert also provides legal advice,” Schuite explains. “In expropriation and compensation for loss law, these damages experts actually play two roles at once: they advise the judge or administrative body both on the valuation aspects of the case, and on the legal aspects. This makes these experts’ opinion quite influential, as it serves as a kind of ‘outline judgment’ and can be directly adopted by the court.”

1811

“This is remarkable because the role and position of damages experts is actually hardly defined or anchored in law,” says Schuite. The lawyer examined the special position of these experts. “For example, should the nitrogen problem actually be ‘solved’ by means of expropriation, the experts will play an important role in that process. Legally, however, there is relatively little regulation around their appointment and position. Expropriation experts have existed in the Netherlands since 1811, when the first expropriation law was introduced. Almost immediately, experts began to brand themselves as a core player in expropriation cases, assuming control of much of the process.”

Later, the system in which damages experts play a central role in damage assessment was even ‘ext