Government liability

Straatman Koster frequently advises and litigates in the area of unlawful act and unlawful and lawful government act.

Unlawful government act

A municipality, for example, is said to have committed an unlawful government act if it refuses a permit and the administrative court later finds that it should have been granted. Unlawful government act may give rise to substantial loss. Loss may also be incurred if a public authority provides incorrect information.

Lawful government act

However, loss may result even where a public authority acts lawfully, such as in adopting a local areadevelopment plan. The loss may take the form of a fall in real estate values. A municipality is obliged to compensate for certain cases of planning blight of this kind. Finally, there are various compensation arrangements that may be applicable when loss results from administrative acts.

Straatman Koster is well versed in these issues.