Hubert Bruls called it an emergency measure: municipalities claiming empty buildings from owners to accommodate refugees. Nevertheless, the Security Council, chaired by the mayor of Nijmegen Bruls (CDA), has urged the cabinet to give municipalities more options to seize vacant real estate.
Milo Schoenmaker, director of the Central Agency for the Reception of Asylum Seekers (COA), made a similar call for emergency legislation to State Secretary Eric van der Burg (Asylum, VVD). Asylum seekers from countries other than Ukraine already have almost nowhere to go – this weekend 200 asylum seekers were forced to move to Utrecht because the location in Ter Apel was overcrowded. In addition, several asylum seekers’ centers will close in the coming months because municipalities do not want to renew the contracts.
Last week it became clear that the Ministry of Justice and Security is working on such an emergency law. From research by NRC found that ministries anticipate a refugee crisis that could see hundreds of thousands of Ukrainians housed in special refugee villages. More than 18,000 refugees have reported in the Netherlands, 11,000 of whom at municipalities. Security regions have realized 29,000 places.
If more refugees do come forward, there is a good chance that many real estate owners will receive a phone call from an official.
1Can the government just expropriate a building?
There is a legal difference between expropriation and taking into use. In the latter case, the property remains in the property of the property owner. The expropriation of a property, whereby the government becomes the new owner, is possible through the Claims Act.
There is little chance that State Secretary Van der Burg will make use of this, says professor of expropriation law Jacques Sluysmans. “That law is intended for war situations and natural disasters. Before you can claim under that law, a state of emergency must be declared and ratified by the House of Representatives. You can’t take that lightly. I don’t think a large influx of Ukrainian refugees will give rise to it.”
2What can the municipality do?
Municipalities have other options than expropriation. For example, a mayor can start using an empty building. In other words, find a new user for it and pay the owner a rental fee. This is even possible without emergency law via the Vacancy Act, says environmental lawyer Roland Mans of law firm Corten De Geer. However, this is preceded by a lengthy consultation with the owner. “Anyone who has left a building vacant for more than six months must report this to the municipality. If a building has been empty for more than twelve months, the municipality can assign a new user to the owner.” An amendment to the Vacancy Act could shorten these consultations through emergency legislation. “For example, months of conversations are no longer necessary between municipalities and property owners.”
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It could be even faster; via the Population displacement law , a law from 1952. This law allows mayors to designate areas or buildings to be requisitioned. Only the most important parts must first be ‘activated’ by Prime Minister Mark Rutte. Mans: „The big advantage is that it does not have to pass the House of Representatives and the Senate. That saves a lot of time compared to an emergency law.” Whether the cabinet opts for an emergency law or revives a law from 1952, it is expected that mayors will have more options to reclaim vacant real estate.
3Can an owner defend himself against this?
Yes, that is possible, says professor Sluysmans. “Although the question is how much chance you have in court.” Environmental lawyer Mans also thinks that this will be a difficult story if the municipality meets all legal requirements when designating. “The judge will weigh up interests. I can imagine that the interest of someone with an empty building does not outweigh the public interest of the government and the responsibility to receive refugees.”
4How long can it take for this to take effect?
A spokesman for the ministry said that the emergency legislation is now “being dusted”. The emergency law builds on a measure taken by Van der Burg’s predecessor Ankie Broekers-Knol (VVD). Last year, he wanted to force five municipalities to receive asylum seekers with an ‘instruction’ – for which it turned out that there was no legal basis for it. Whether and when emergency legislation is deployed is up to Van der Burg. Last week, he indicated that he saw little in compulsion.
According to Professor Sluysmans, if urgent action is needed, the emergency law can come into force fairly quickly. “It still has to be published by both Houses and. This normally takes months. But if there is sufficient urgency, an emergency law can be passed in a relatively short time.”
Lawyer Mans agrees. “Then you are talking about a matter of weeks, two months at most. Otherwise, such an emergency law will miss its target.”
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