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No-fault liability regarding measures against flooding

No-fault liability regarding measures against flooding. Water, Oceans and Sustainability Conference Reseau d’eau Willemijn van Doorn-Hoekveld 01-11-2013. Germany 2013. Damage Germany. Private parties. Companies. € 6,7 billion. Bundesländer. Cities.

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No-fault liability regarding measures against flooding

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  1. No-fault liability regarding measures against flooding Water, Oceans and Sustainability Conference Reseaud’eau Willemijn van Doorn-Hoekveld 01-11-2013

  2. Germany 2013

  3. Damage Germany Private parties Companies € 6,7 billion Bundesländer Cities

  4. (some) Costs of projects against flooding Netherlands Room for the River: € 2,2 billion (new) FloodProtectionProgramme: € 5-8,5 billion Meuse Works: € 1 billion

  5. No fault liability in the Netherlands Developed in the field of infrastructure and water management Basis in principle of equality before public burdens (égalitédevant les charges publiques)

  6. Regulations • Chapter 7.3 Water Act (7.14 et seq) • Regulation of no fault liability of the Ministry of Transport, Public Works and Water management 1999 (now: Ministry of Infrastructure and the Environment) • Regulation of damage compensation within ‘Room for the River’ • Municipal regulations • Water Board regulations • Section 6.1 of the Spatial Planning Act • General Administrative Law Act

  7. 7.14 Water Act 1. Any person who suffers or will suffer damage as a consequence of the lawful exercise of water management duty or competence shall, at his request, be awarded compensation by the administrative authority concerned where such damage should not within all fairness remain for his account and where compensation is not or not sufficiently otherwise guaranteed.

  8. Causes of damage • A decision taken by an administrative authority •  a water permit, decisions regarding target levels for designated bodies or surface waters or groundwater, project plan, etc. • A de facto action (the actual work) • temporarily closing a bridge because of immediate danger • In most cases the cause of the damage will be the decision that underlies the actual work

  9. Types of damage Devaluation of the property Loss of income Damage to property

  10. Devaluation of property

  11. Devaluation of the property Before After

  12. Loss of income

  13. Damage to property 7.15 Water Act: damage in connection to swamping and flooding of land for flood management causes

  14. Procedure Not in the same procedure as the decision that causes damage Panel of experts advises Minister/water board decides

  15. Questions to all Do you have a (similar) compensation regime in your country? What is the legal basis of this regime?

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