Key Benefits:
Law of 26 July 1951, on the removal of public and private law obstacles with a view to the construction, maintenance and use of works for the purposes of national defence
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable, for the purposes of the construction, conservation and use of works for the purposes of national defence, to lay down temporary rules for the removal of obstacles, resulting from laws, and Royal decrees and regulations, and the opening of the possibility of a more simple way than is possible to remedy the obstacles which they may impose on the immovable property of those immovable property, to the Commission, to the construction, conservation and use of such works could be put in the way.
That is what we, the Council of State heard, and with the mean consultations of the States-General, have found and understood, as we approve, and understand them.
1 In this Act, the following definitions shall apply:
a. "Defence" means the fight against disasters and major accidents in exceptional circumstances, as intended Section 12 of the Safety Regions Act , the reduction of their immediate effects and the preparation for such control and control;
b. "the construction of a work for the benefit of the national defence" means the change or movement of such a work;
(c) "the construction, maintenance or use" means the works or operations of that construction, which require the maintenance or use of such construction;
d. "Licence" means the decision to be taken by any law, Royal Decree or Regulation, such as dispensation, dispensation, concession, derogation, exception or under other such name.
2 This law means "Our Minister": the one of the Onzer Ministers of Defence and of the Interior, who is responsible for the construction, maintenance, use or construction of a work for the purposes of the construction of a the defence of the land, or by or on whose behalf an obligation of toleration has been imposed.
When the construction, maintenance or use of a work for the purposes of the defence of the country would be contrary to a provision of a Royal Decree, or of any regulation, we may, upon the proposal of our Minister, make that provision grant exemption if we consider this necessary for reasons of urgency.
1 For the purposes of the construction, maintenance or use of a work for the purposes of the defence of any law, royal decree or regulation, we may grant such authorization upon the proposal of our Minister, if we consider this necessary for reasons of urgency.
2 In granting of this authorization, we are not bound by the rules and requirements which the law, the Royal Decree or the Regulation, on which the licence is claimed, lays down that permit.
A nomination referred to in this Chapter shall not be made in accordance with our Minister, whose responsibility lies in the interests of which the law, the Royal Decree or the regulation, of which it is deviate from the date of application of the authorisation, or the authorisation to be made.
Where, for the purposes of the construction, maintenance or use of a work for the purpose of defence, permanent or temporary use must be made of immovable property, and where the use of the Private Law impedimenting law not possible, or the application of that law to the judgment of Our Minister, undue delay in respect of that instance, which would maintain or use, any person who has any right to such cases may, except in law, be to compensate for damages, to be compulsory, to be worked, maintained or used in such a way that, in the judgment of Our Minister, the interests of the rightholders are not reasonably progressing impropriate and in the use of the cases are considered to be no longer impediable than It may reasonably be necessary for the construction, maintenance or use of the work.
1 An obligation to doable, as intended in Article 5 It is imposed by our Minister.
2 On the preparation of a decision as referred to in paragraph 1, Section 3.4 of the General Administrative Law applicable.
3 If the toleration threatens to damage a public interest material, our Minister shall, before making a commitment to the public interest, consult with our Minister, under whose responsibility the care is held for that interest.
4 The obligation to pay shall not be earlier than after four working days after the day on which the decision is made known in the prescribed manner.
5 In urgent cases, our Minister may depart from the second paragraph and may determine that the obligation to be paid begins immediately.
6 If, within four weeks of the date of the publication of the decision, our Minister has not implemented the execution of that obligation, he shall compensate for the damage caused by the imposition of the obligation to do so. It was born to dodges.
1 In cases of minor importance, our Secretary of State may grant a mandate to impose an obligation to grant a mandate. In that case, Article 6 applicable mutatis mutandis.
2 A certified copy of the mandation decision shall be submitted to the persons to whom the obligation has been imposed.
Obligations to doable, imposed with application of Article 6 or 7 , they shall be in force for the following rightholders in respect of the immovable property concerned.
1 Each, which has sole right to an immovable property, in respect of which it applies Article 6 or 7 an obligation of toleration has been imposed, may, within one month of the notification of the imposition of the obligation to be sent to him or otherwise subject to the imposition of the obligation, may have been notified to it; Court, within the territory of which the immovable property is situated, request the annulment of the decision, which has been imposed on it.
2 This destruction may be requested only on the ground that, in the imposition of an obligation, has been wrongly assessed:
(a) either that the interests of the rightholders in respect of that immovable property do not reasonably claim for irpropriation;
b. which, in the use of that case, is not considered to be more impediable than is reasonably necessary for the construction, maintenance or use of the work; either.
3 The reasoned application shall be lodged in duplicate by a lawyer. A copy of this application shall be sent to Our Minister within one week of receipt by the Registrar. Our Minister may submit to the Court of Justice a copy of the judgment, also in two-old cases. A copy of this order shall be sent by the Registrar without delay to the lawyer who submitted the application.
4 If either in the application or in the notice, or in any writing, within one week of sending a copy of the notice to the lawyer, who submitted the application, he is requested to give the matter orally. On behalf of the Registrar, the person, on whose behalf the application was lodged, and the person designated by Our Minister in the notice of his notice, may, until such time as the Court considers that it is necessary to clarify oral explanations, call upon the Registrar to do so.
The Court may, before obtaining the application, inform itself of one or more experts; it may also take place by one or more of its members, accompanied by the Registrar. The fees for travel and subsistence expenses of the experts and their holidays shall be determined by the President at the rate of the fees and salaries in civil matters. The Registrar shall be subject to advance payment of those costs and the costs which the judicial localization entails. The Registrar shall remove the costs of annulment of the decision imposing a compulsory order, on the Minister's behalf and in the case of confirmation of his decision to the person on whose behalf the application for destruction has been lodged. Recovery shall take place, if necessary, as in the case of the Law Registry on Civil Matters shall be determined in respect of the application of the Registry.
6 The order of the Court shall state the reasons on which it is based and shall state its opinion in public. There is no provision for such provision.
7 If the decision of Our Minister is destroyed by the Court, so much of the immovable property in question will be used, all shall be reduced as far as possible in the previous State, without prejudice to the right of compensation of the right holders in respect of that case.
8 If the decision of Our Minister is destroyed by the Court because it has been wrongfully ruled that the interests of rightholders in respect of that immovable property do not reasonably claim expropriation, the obligation will be subject to the obligation of the right of compensation to be compensated shall remain in a period to be determined by the Court, which shall be set in such a way as to be reasonably undertaken within that period of time.
1 The right-holders in immovable property shall, subject to the right to compensation, be compulsable, that a work for the purposes of the defence of which they were required under the provisions of this Chapter to be used for the defence of the defence of immovable property must be granted. Doling out, get rid of it.
2 In the case of such extension, the immovable property will be reduced as far as possible in the previous state, provided that no other agreement has been agreed with the rightholders.
1 Where the plan of any work for the purposes of the defence of the land is deemed necessary for the purposes of the defence, or for the purpose of measuring or drawing on a person's immovable property, the rightholders must, subject to the law of the to compensation, provided that they have been notified by our Minister in writing twice four and twenty hours in advance.
2 Article 7 for this notice, shall apply mutatis mutandis.
For the purposes of the construction, maintenance or use of works for the purposes of national defence, the persons in charge shall have access to parcels, including dwellings, subject to compensation for compensation, provided that they do so is reasonably necessary for the performance of their duties.
The construction, maintenance and use of works for the purposes of defence and the other operations and activities referred to in this Chapter must be carried out in accordance with the provisions of this Chapter, which shall include: the circumstances are no longer impediable than reasonably necessary.
1 To obtain damages on the basis of Article 5 , 6 , 9 , 10 , 11 or 12 right holders may submit a reasoned application to our Minister within six months of the occurrence of the damage.
2 Within six months, after the application is received by the Ministry in charge, our Minister makes a proposal for compensation of the damage or notice, that there are no terms for damages in his judgment.
3 If, within the period referred to in the preceding paragraph, no proposal or notice is received by the rightholders or does not vote with this proposal or notice, they may ask the cantonjudge to determine the compensation for damages.
4 If the damage proves to be greater than was foreseen in establishing it, rightholders may submit a request for additional compensation. The preceding paragraphs of this Article shall apply mutatis mutandis.
1 The provisions relating to civil disputes are on the twists, in Article 14 (3) , for the purposes of applying, to the extent that the following paragraphs do not derogate from them.
2 All legal claims for compensation of damages, in Article 14 (3) , intended, are to be notified to the court of cantonal courts.
3 The claim must be made within three months of the expiry of the Article 14 (2) That deadline.
4 The claim shall be brought by the submission in duplicate of a duly motivated petition. The Registrar shall send a copy of the application to our Minister within a week of receipt of the application. Our Minister can submit to the judge a vertoogwriting in two-old. The Registrar shall forward a copy of the notice to the applicant without delay.
5 If, either in the application or in the notice, or in any form of writing, within one week of the dispatch of a copy of the notice to the applicant, it was requested that the case be explained orally or the Judge should be given the right to speak the court or tribunal. the applicant and the person designated by Our Minister in the notice of his notice must be summoned to that end by the Registrar.
6 The costs shall be borne by the State, unless the court finds in the circumstances of the dispute any terms to compensate all or part of the costs, except that the costs are borne entirely by the applicant, if it is no longer paid to him was then offered by Our Minister.
If the time limits are exceeded, stated in the Articles 9 , 14 and 15 , if it cannot reasonably be charged, if it is a petition, it is intended to be Article 14 , with regard to that application and, in the case of claims, as referred to in the Articles 9 and 15 In respect of those claims, the time limits have not been exceeded.
1 This law may be referred to as "Impeded Defence".
2 She shall enter into force from the day following the date of issuance of the State Sheet , in which she is placed.
Burdens and orders, which are in the State Sheet will be placed and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise implementation.
Issued at Paleize de Loo, 26 July 1951.
JULIANA.
The Minister of War,
C. STAF.
The Minister of the Navy,
C. STAF.
The Minister of Justice,
H. MULDERIJE.
The Minister of the Interior,
J. H. VAN MAARSEVEEN.
The Minister of Education, Arts and Sciences,
TH. RUTTS.
The Minister of Finance,
P. SWEETINCK.
The Minister for Reconstruction and Housing,
IN THE FIELD.
The Minister of Transport and Water,
H. H. WEMMERS.
The Minister for Economic Affairs,
FROM THE BRINK.
The Minister for Agriculture, Fisheries and Food,
MANSHOLT.
The Minister for Social Affairs,
A. M. JOEKES.
Issued the seventh August 1951.The Minister of Justice,
H. MULDERIJE.
