Section I.
Provisions applicable to all expropriations


Article 119.

The government that is planning to proceed with the expropriation shall request a soil certificate from the OVAM for the land that they want to expropriate.

 

The expropriation of land for which the Land Information Register shows evidence of soil contamination having occurred that exceeds the remediation criterion, stated in Articles 9 or 19, automatically has the following consequences:

 

any existing remediation obligation for the soil contamination expires at the time of the expropriation;

 the expropriating government becomes the party that is obligated to carry out remediation works for the soil contamination at the time of the expropriation. This is not the case if the persons, stated in Articles 11 and 21, have been granted an exemption from the remediation obligation for the soil contamination before the expropriation. 

 

The remediation obligation comes into effect or the remediation obligation is established after the expropriation in accordance with Articles 9 and 11 or Articles 19 and 22 for the soil contamination, stated in the second paragraph, that was not registered in the Land Information Register at the time of the expropriation.

 

The estimated costs of the descriptive soil survey or the soil remediation are taken into account when determining the expropriation remuneration for an expropriation where the expropriating government automatically becomes the party that is obligated to carry out remediation works at the time of the expropriation, as stated in the second paragraph. This is not the case if the remediation obligation rests with or is established for the operator or the user of the expropriated land before the expropriation came into effect. In that case, the expropriating government can recover the costs for the descriptive soil survey or the soil remediation from the liable party in accordance with Articles 16 to 18, inclusive, or Article 25.


Article 119bis.

The government that is planning to proceed with the expropriation of land or lands can carry out a soil survey, at its own cost, on the land or lands to be appropriated.