Web site of Frank Warendorf  LL.M (Utrecht University)


 

introduction to Dutch soil clean up liability law

In the Netherlands a person who owns land that is cleaned up by the Government, must, in some cases, reimburse the cost of the operation up to the amount of his enrichment (increased value of the property). This is the rule when the owner caused the pollution, was directly or indirectly involved in causing the pollution, had a lasting legal relationship with the polluter during the period in which the pollution occurred or when he was aware or could reasonably have been aware of the pollution at the time of the acquisition. It is also possible to recover the cost from the polluter based on the law of torts.

                                                                   

                                                                                                   

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