New Dutch Land Development Act, Wilg, better and worse

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					New Dutch Land Development Act,
Wilg, better and worse




International land consolidation & land banking conference, Budapest

H.E. van Rij and J.A. Zevenbergen

09 February 2011

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OTB Research Institute for Housing, Urban and Mobility Studies
Starter question


Under the Wilg, are landowners and tenants allowed to vote over the
   landscape plan?
Under the Wilg, are “type, use and condition” or only “equal surface”
   of the land a starting point for reallocation?

A.    Vote and equal surface
B.    Vote and type, use and condition
C.    No vote and equal surface
D.    No vote and type, use and condition



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OTB Research Institute for Housing, Urban and Mobility Studies
Content


•    Context
•    Outlines Wilg
•    History
•    Dilemmas
      •    Agrarian production vs. landscape preservation
      •    Acceleration and simplification vs. protection of rights
      •    Uniformity in procedures vs. acceleration
      •    Public law vs. civil law
• future

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OTB Research Institute for Housing, Urban and Mobility Studies
Context


Concerning land consolidation the most important
   problem in my country is:

A.    Funding administrative procedures and works
B.    Protest by landscape and nature organisations
C.    Time consuming procedures
D.    Other (discussion)



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OTB Research Institute for Housing, Urban and Mobility Studies
  Context


                $
Global competition                            Environmental pollution
                                              legislation


                     Need for efficient
                     production


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  OTB Research Institute for Housing, Urban and Mobility Studies
 Context II



 $
High land prices                                        landscape preservation

                              • Time consuming
                              • Costly



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 OTB Research Institute for Housing, Urban and Mobility Studies
New Land Development Act, Wilg
                                           Old:            Ministry
                                                                             $
• Investment budget for    Province     Province                                 DLG
         rural area
    • Decentralisation                                                             Decentralisation
    • Decompartmen-              Ministry
    talisation                       $$
                                     $$                                     $$

• Land consolidation
                                                                            $$
                           Province     Province                                 DLG
         procedures
                        Wilg: Ministry                                             Decompartmen-
    • Faster                                                                       talisation
    • Simpler                        $                                      $$
                                                                            $$
                                                  Province       Province        DLG


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OTB Research Institute for Housing, Urban and Mobility Studies
 History




After World War II:
Straight, flat and dry
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 OTB Research Institute for Housing, Urban and Mobility Studies
History II




                         ’70: resistance                         1985 new
                                                                 law, Liw:
                                                                 • Nature
                                                                 • Recreation




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OTB Research Institute for Housing, Urban and Mobility Studies
History III
                                                                      Ministry
  ’80-’90:
                                                                                             $

                                                                 Province        Province        DLG

  Decentralisation                                                    Ministry
                                                                                                   Decentralisation

                                                                            $$
                                                                            $$              $$
                                                                                            $$
                                                                 Province        Province        DLG




    Swine fever
    Areas with high pig-
    concentration act, Rwc
    (2002)



09 February 2011                                                                                                      10




OTB Research Institute for Housing, Urban and Mobility Studies
Agrarian production vs. landscape
preservation

In my country the best way to deal with the dilemma “agrarian
    production vs. landscape preservation” is:
A. Agrarian production is top priority, landscape preservation must
    play no role
B. Agrarian production is important, however we must check
    whether projects are acceptable in the light of landscape
    preservation
C. Landscape preservation and agrarian production can be goals of
    land consolidation projects
D. Agrarian production was sufficient addressed in the past,
    landscape preservation must be the main goal of projects

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OTB Research Institute for Housing, Urban and Mobility Studies
Agrarian production vs. landscape
preservation




                      Appears in land consolidation area
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OTB Research Institute for Housing, Urban and Mobility Studies
• Committees
• Vote
    Reallocation types:
    • Agriculture (vote)
    • Various functions     Land reallocation
    • Infrastructures           (no vote)
    • Voluntary parcel exchange

     09 February 2011                                                13
    Agrarian production vs. landscape preservation

    OTB Research Institute for Housing, Urban and Mobility Studies
Acceleration and simplification of
procedures versus protection of rights

The average duration of a land consolidation project in
   my country is:
A. 1-2 years
B. 2-10 years
C. 10-20 years
D. Over 20 years




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OTB Research Institute for Housing, Urban and Mobility Studies
Acceleration and simplification of
procedures versus protection of rights

Phases
• Landscape plan
• Individual decisions on temporarily use
• Reallocation plan
   o List of claimants
   o Plan of allocation
• List of financial arrangements


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OTB Research Institute for Housing, Urban and Mobility Studies
Acceleration and simplification of
procedures versus protection of rights

Procedures in my country can be accelerated best by:

A.    Smaller project area
B.    Better use of (cadastral) data
C.    Equal surface in stead of value basis
D.    Other (discussion)




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OTB Research Institute for Housing, Urban and Mobility Studies
Abolition of the value basis



• Equal surface
• Rwc
• Compensation?




 Acceleration and simplification of procedures vs. protection of rights
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OTB Research Institute for Housing, Urban and Mobility Studies
Land consolidation and physical
planning




 Acceleration and simplification of procedures vs. protection of rights
09 February 2011                                                          18




OTB Research Institute for Housing, Urban and Mobility Studies
List of claimants based on public
registers and cadastral data

• No additional studies
• objections




 Acceleration and simplification of procedures vs. protection of rights
09 February 2011                                                          19




OTB Research Institute for Housing, Urban and Mobility Studies
Cassation allocation plan


Old: list of claimants + list of
  financial arrangements
Wilg:
• Reference to a court
• Time consuming
• National standard



 Acceleration and simplification of procedures vs. protection of rights
09 February 2011                                                          20




OTB Research Institute for Housing, Urban and Mobility Studies
Uniformity in procedures versus
acceleration

• General administrative law act,
  Awb
• Individual decisions on temporary
  use
   • Old: Land consolidation
     committee  examining
     magistrate
   • Wilg: administrative judge 
     Council of State

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OTB Research Institute for Housing, Urban and Mobility Studies
Uniformity in procedures versus
acceleration

In your country, is uniformity in procedures subject of
    discussion and is more uniformity likely to accelerate
    or slow down procedures:

A.    Plays no role
B.    Yes, accelerate
C.    Yes, slow down
D.    I pressed the wrong button

09 February 2011                                                 22




OTB Research Institute for Housing, Urban and Mobility Studies
Reallocation plan + List of financial
arrangements

Old: Land consolidation committee
   examining magistrate 
  6% court  cassation
Wilg: preparation procedure
  Awb  6% court  cassation
   • Public inspection
   • Hearing?

 Uniformity in procedures vs. acceleration
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OTB Research Institute for Housing, Urban and Mobility Studies
European Court of Human Rights
(ECHR)

• Right on land uncertain for too long
     Austria (ECHR 23-4-1987, Series A, vol. 117)

• Damages too late
     Netherlands (ECHR 26-9-2000, Application no. 25989/94)




 Uniformity in procedures vs. acceleration
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OTB Research Institute for Housing, Urban and Mobility Studies
Public law versus civil law


            Public law                                      Civil law
State vs. civilian                            Civilian vs. civilian
Formal rules                                  Full juridical review
Limited juridical review
content
New decision institution                      Judge decides
Informal procedures                           Formal procedures
General and 3rdparty
interest

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OTB Research Institute for Housing, Urban and Mobility Studies
Public law versus civil law


In my country:

A.    There is no distinction between public and civil law
B.    Land consolidation is subject of public law
C.    Land consolidation is subject of civil law
D.    Land consolidation law is hybrid and has both civil
      and public law aspects



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OTB Research Institute for Housing, Urban and Mobility Studies
Public law versus civil law


Hybrid
• Civil judge competent
• Art. Awb applicable
• Objections treated jointly
• No lawyer needed
• Judge changes plan




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OTB Research Institute for Housing, Urban and Mobility Studies
Future


In your country, will land consolidation play a less or
    more important role and is new legislation needed?

A.    More important and new legislation needed
B.    More important and no new legislation needed
C.    Less important and new legislation needed
D.    Less important and no new legislation needed



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OTB Research Institute for Housing, Urban and Mobility Studies
Future


•    Financial resources
•    Province equipped
•    Small adjustments Wilg
•    Large scale projects 
     smart exchange of land




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OTB Research Institute for Housing, Urban and Mobility Studies
Questions



(Comparable dilemma’s) in other countries?

How are they addressed?                      ?
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OTB Research Institute for Housing, Urban and Mobility Studies