This PhD research project has been successfully completed. It aims to answer the following question: what is the extent of the right of self-realization in the Netherlands, and how has it developed so far? The research is structured as follows. Firstly, it is investigated how the right of self-realization relates to the right of ownership. Subsequently, the development of spatial policy of the government during the last century is described and analysed. This involves an analysis of various regulatory instruments used by local governments to achieve spatial policy goals, particularly the instruments to be found in the Expropriation Act (Onteigeningswet), the Municipalities Preferential Rights Act (Wet voorkeursrecht gemeenten), and the Land Development chapter (afdeling Grondexploitatie) of the Spatial Planning Act (Wet ruimtelijke ordening). It is investigated as part of the analysis to what extent these instruments have an impact on the right of ownership and the right of self-realization. This has provided an insight in the role of both the government and private actors in realizing spatial policy goals. The research has particularly dealt with the possibility of cost recovery and the imposition of location requirements by local governments. Public contracts – more particularly: exploitation agreements – are important instruments in this respect.
|Researchers:||Dr. L.C. Groen|
|Topic:||Contracting with the government; Distribution of responsibilities on the market|
|Approach:||Public and private law|
• L.C. Groen, Het zelfrealisatierecht. Ruimtelijke instrumentarium in verhouding tot het eigendomsrecht, diss. VU 2014, Den Haag: Stichting Instituut voor Bouwrecht (summary in English available).