Legislator Case Law & Legislation
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.

Case Number ECLI:NL:RBAMS:2011:BV7472
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The 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 generated

Articles 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 generated
Article 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
AI generated

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