Suing government for breach of agreements?

Questioner

Our province entered into an agreement with our municipality in 2005. This agreement clearly states that from that moment on, the province is responsible for the proper management of a large piece of land in our municipality. However, this piece of land has not been managed for the past 5 years. It has become a large wilderness. I have requested the province to carry out maintenance. I have filed a complaint about this with the province. And I have asked the municipality to address the province about this. Unfortunately, all without result. Can I sue the province for not complying with this agreement? If so, how? Due to the neglect of the piece of land, the quality of life in our neighbourhood has deteriorated considerably.

Lawyer

It is certainly understandable that you are frustrated about the situation. Governments are bound by law and must adhere to contracts and agreements that they enter into just like any other party. Such an agreement that the government enters into is also called a 'public law agreement'. In principle, you can hold the government accountable for failure to comply with the agreement. Initially, it seems appropriate to start an administrative procedure. It is wise to first file an objection with the province. This formally indicates that you do not agree with the fact that the province is not fulfilling its obligations under the agreement. You must file this objection within 6 weeks after you have received the decision (or in this case the lack of action) from the province. If the province still does not take action after the objection, you can appeal to the court. This is called an administrative procedure. In this case, you would appeal against the so-called \'inaction\' of the province - legally speaking, this can be seen as a decision against which you can appeal. In addition, you could also consider civil proceedings, given that this is an agreement. However, this is a complex area in view of the agreement with a government agency. It is highly recommended to hire a lawyer or legal expert for this process. They can tell you exactly what steps you need to take and can also assist you in the procedure(s). Failure by the government to comply with an agreement is a complex matter that requires specialist knowledge. ---------------- Stichting Rechtswinkel.nl is a national organization with students and volunteers. The above advice is based on limited information and may be incomplete or even incorrect for your situation. Always consult a lawyer or attorney for your further steps. Read disclaimer: https://rechtswinkel.nl/disclaimer