On Monday, the Dutch state dragged Gezinus Oosting and Hanneke Heerema before the court in summary proceedings because it wants their farm to be demolished. The man and woman from Wagenborgen refuse.
A worse time for a lawsuit between the state and citizens stricken by earthquake damage is hard to imagine, shortly after the publication of the damning report of the parliamentary committee of inquiry into gas extraction in Groningen. The lawyer of the National Coordinator Groningen (NCG) realizes this all too well in court on Monday. Still, he says, each case stands on its own.
The farm, a house and an accompanying plot of Gezinus Oosting and Hanneke Heerema from Wagenborgen have been the subject of all kinds of legal proceedings for years. At the end of 2019, they filed a claim against NAM of almost 40 million euros. The two still argue that there is serious earthquake damage, although this was initially rejected by the court. An appeal is now pending.
Plans for pumping mineral water are still not off the ground
The divorced couple lives separately on the plot, but wanted to earn millions together by bottling water intended for the Chinese market. In 2004, a special well was discovered on the grounds of the house in Wagenborgen, from which natural mineral water could be pumped. The plans are still ready, but the implementation is not getting off the ground.
Money has been paid out for earthquake damage, but according to Oosting and Heerema that is not enough. Over the years, their mortgage arrears increased. In the spring of 2021, the bank was fed up and threatened with a foreclosure auction.
The government becomes a mortgage lender
The government put a stop to this by acting as a new mortgage lender. They entered into an agreement with each other, including the condition that the farm would be razed to the ground and rebuilt. Renovation or partial rebuilding would be impossible.
“But the ink of the agreement had not yet dried when they ignored the agreements made,” says the lawyer of the NCG on Monday. He still wants to force Oosting to leave the farm through the courts, so that demolition can begin. “Sir can get replacement housing.”
‘They took advantage of the circumstances’
Oosting and Heerema say they felt their backs against the wall when the state presented itself with the mortgage proposal. “They took advantage of the circumstances,” says their counsel. “In the eyes of clients, the government is now playing into the hands of NAM. If the farm is no longer standing, we can shake it on appeal. After all, what will the proceedings on the merits be about if the property no longer exists?”
At the same time, the duo from Wagenborgen are playing high stakes. Because canceling the agreement with the government means paying back a hefty sum of money. “For this we have found an investor who wants to take over our intended company and the water source in the long term.”
Frustrations for everyone involved
There is no way to reach a solution between the parties. The NCG lawyer said aloud that he could no longer see a ‘rational strategy’ in the two from Wagenborgen, while the lawyer later got ‘sewage lawyer’ at his head from Heerema during the hearing. The judge has the clean task of making a decision. That will happen on March 17.