ECLI:NL:RBAMS:2011:BV7472
ECLI:NL:RBAMS:2011:BV7472
AI generated
Court dismisses claim for land sale, ruling public body has no obligation to sell bare ownership.
Legislator summary
AI generatedThe court dismissed the plaintiff's request for the public water board to sell the bare ownership of land at a discounted price. The plaintiff argued for a sale based on previous discount rates, while the defendant contended it had no legal duty to offer such a sale. The court ruled that the public body is entirely free to decide whether to sell and at what price, finding no obligation exists to transfer the property.
Legislator headnote
AI generatedArticles 6:162 and 6:164 of the Civil Code; A public body is not legally obligated to sell bare ownership of land and retains full discretion regarding the decision to offer a sale and the pricing thereof.
Keywords
AI generated
public body discretion
bare ownership sale
no legal obligation
land transfer duty
discount rate claim
Cited Legislation
AI generatedArticle 6:95 paragraph 2 sub c of the Civil Code (BW)
artikel 6:159 BW
artikel 3:14 BW
artikel 3:83 BW
artikel 6:162 BW
Artikel 5:91 BW
artikel 6:162 lid 3 BW
artikel 6:97 BW
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