What if your company has to make way for flood protection and recreation?

The Koning family from Well in Limburg was confronted with this and saw expropriation approaching them.
Bedrijf Koning - Well

"It became clear to us about six years ago that there were few expansion options for our beef cattle farming. We had submitted an application for the new construction of a larger barn because we only had a relatively small older barn from the 1980s. The municipality first indicated that we were allowed to expand, but they soon converted this to 'new construction allowed but with no extra livestock capacity'. That was the first signal for us that our future here would be uncertain.', says Eric Koning.

familie Koning Well

Eric (61) and Jacorien (58) live together with their sons Cornee (21), Jacco (24) and daughter-in-law Indy (25) in the village of Well in a beautiful spot on the Maas in North Limburg. They moved here from the Randstad in 2006. Jacorien: 'We didn't have an agricultural business, but Eric always wanted to have his own beef cattle farm. He gave up his career in the slaughterhouse, and we went in search of our own veal farm; it presented itself in 2006 in Well. On average, they fatten 800 calves for white veal, which means that the calves are on their farm for up to approximately seven months.

Koning-Well-2

Flooding

"In the 16 years that we have now lived in Well, we have experienced flooding at least four times. Therefore, we were not really surprised that our location, which borders on the Maas, would be classified as a water protection area. An appraiser/broker, who was appointed by the municipality, visited here for the first time about three years ago. Our location was part of the 'De Groene Rivier' plan. Our company could continue to exist, but with dikes around it and all kinds of additional restrictions regarding the environment, nature and recreation."

The Delta Program, the so-called "Green River", concerns a reinforcement task for Well's existing dykes and flood defenses. It falls within the framework of the Flood Protection Program.

Koning-Well-6

Voluntary sale

"Although we live in a beautiful place here, we had already indicated that we wanted to contribute ideas in this process. In the meantime, the appraiser/broker indirectly asked some questions about possible successors, voluntary departure, etc. The following question arose: is this still voluntary, or are we being forced? For us, that was the moment we wanted to hire an external expert. In the case of coercion, there would be expropriation. Expropriation is a complex matter. The consortium – a temporary partnership between various parties; in this case, the municipality and the water authority – also provided us with consultants. But we wanted someone who was not part of the consortium and who was a trustworthy, expert discussion partner for the parties we were dealing with,' says Jacorien.

Expropriation expert

Jurjen Nannenga - VLNN Makelaars

That's how they got into conversation with Jurjen Nannenga from Interfarms | VLNN Brokers. The Koning family attended an information evening in Uden in early 2020 and connected here with Jurjen.

Jurjen Nannenga; 'My first visit to the Koning family was all about getting to know each other. Such an initial acquaintance is essential; I can form an idea of the situation by listening carefully and hearing what is going on. Jacorien and Eric already had a good idea of ​​their plans, and they were also determined to cooperate based on their principles.' Money is often seen as the most crucial point of discussion in an (amicable) expropriation case. But often, there is much more involved than just the highest possible compensation. It is important to have a good picture of the (future) situation of the expropriating party. Business termination is often the least complex process. However, if there is a business relocation or, even more complex, a business relocation in combination with upcoming business succession, this requires a careful approach towards the expropriated party.

Company successors

Koning-Well-3

Jacorien's and Eric's sons were the intended business successors. It was very important to them that the company could be continued by them elsewhere and that they would have time to find another company. "Our starting point towards the municipality was 'full compensation'; only then could we talk. It always remains to be seen how such a requirement 'falls'. It turned out to be a good conversation with the appraiser/broker on behalf of the municipality of Bergen. I remained in contact with them, and I always made sure that Jacorien and Eric were well informed. Together, we discussed which steps to take.', says Jurjen.

All in all, the amicable expropriation of the family's business went fairly smoothly. Their company was transported in March 2022, so the municipality now owns it. They can keep livestock until May 2023, and they can continue to live there until March 2024. This means that they have plenty of time to look for something new. After their departure, the buildings will be demolished, and the farmyard with cultivated land will be made suitable for water and recreation.

Time is an important factor

"In retrospect, time seems to be one of the most important factors in an expropriation case—time to plan the future well and time to look for something new. Jurjen advised us very well in this regard. He also knew how to make good use of his expertise in the details of the compensation and all components that fall under it. The fact that it went quite smoothly for us also has to do with the fact that we are not in a parental location. For farming families who have been established for several generations, emotion plays a major role in expropriation. So I can imagine that it will make you less likely to leave your current position." Eric adds in conclusion.

Are you facing a forced situation?

Please do not hesitate to contact us for more information and advice. We are happy to assist you in this complex and often far-reaching process.

Contact us now!

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