Nadeelcompensatie en tegemoetkoming in planschade: Titel 4.5 Awb en afdeling 15.1 Omgevingswet: tussen eenheid en verscheidenheid

Jonathan Hubertus Maria Huijts

Research output: ThesisDoctoral ThesisInternal

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Abstract

This dissertation is about disadvantage compensation, in other words: compensation for lawful government action. This topic is currently regulated by dozens of laws and hundreds of lower regulations. Since the 1990s, attempts have been made to replace this (often cluttered) mishmash of regulations with a general regulation in the General Administrative Law Act (Awb). A law was passed in 2013 that anchors such a scheme in title 4.5 of the Awb. However, the questions raised by this title are politically sensitive and so difficult to answer that their entry into force is always postponed. In order to promote a smooth entry into force, this thesis first sought explanations for differences between the most important contemporary disadvantage compensation schemes. Subsequently, investigated was how the most important sources of future disadvantage compensation law, being title 4.5 of the Awb and Section 15.1 of the Environmental Act, were designed and should be applied. Finally, taking into account the original objectives of these regulations, recommendations
Original languageDutch
Awarding Institution
  • Maastricht University
Supervisors/Advisors
  • Backes, Chris, Supervisor
  • van Ravels, B.P.M., Supervisor, External person
Award date20 May 2020
Print ISBNs9789463150521
DOIs
Publication statusPublished - 2020

Keywords

  • disadvantage compensation
  • planning damage
  • compensation payment
  • equality principle
  • title 4.5 Awb
  • section 15.1 Environmental Act

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