Abstract
The Netherlands faces significant spatial challenges, prompting the Dutch
government to consider broadening municipal pre-emption rights that provide the municipality with a right of first refusal. This article contains a comparative analysis of pre-emption rights in the Netherlands, Germany, Scotland, Flanders, and France, focusing on key principles such as material conditions, legal effect and procedure. The findings show that the Dutch system is efficient with strong safeguards for both beneficiaries and property owners. Insights from Scottish law suggest potential benefits for registering pre-emption rights on land with a continuing agricultural function. This article concludes with some general principles of European preemption rights, emphasizing their role in facilitating specific spatial developments rather than preserving status quo.
government to consider broadening municipal pre-emption rights that provide the municipality with a right of first refusal. This article contains a comparative analysis of pre-emption rights in the Netherlands, Germany, Scotland, Flanders, and France, focusing on key principles such as material conditions, legal effect and procedure. The findings show that the Dutch system is efficient with strong safeguards for both beneficiaries and property owners. Insights from Scottish law suggest potential benefits for registering pre-emption rights on land with a continuing agricultural function. This article concludes with some general principles of European preemption rights, emphasizing their role in facilitating specific spatial developments rather than preserving status quo.
| Original language | English |
|---|---|
| Article number | 13 |
| Pages (from-to) | 191-218 |
| Number of pages | 28 |
| Journal | European Property Law Journal |
| Volume | 13 |
| Issue number | 2 |
| DOIs | |
| Publication status | Published - 25 Oct 2024 |
Keywords
- pre-emption
- right of first refusal
- land policy
- land reform
- living environment
- expropration
- zoning plan
- spatial developments