Agricultural Sector

Netherlands

The agricultural sector is constantly changing. Sustainable agriculture and concern for animal welfare make new demands on the balance between environment and economy. Farms face new rules on size ("factory farming"), manure processing and rural homes. Furthermore, entitlements and lease prices affect the business. Lease and expropriation laws are also constantly developing and farms and municipalities can face lengthy negotiations on the conditions under which the redevelopment of rural areas can take place. A large number of cases that influence the development and production in the agricultural sector.

The over 60,000 companies engaged in the sector, but also government agencies, land agents, manufacturers of agricultural machinery and individuals active in agriculture, may therefore encounter various legal questions. These may be issues in the field of private law, such as lease, contract law, liability and expropriation, as in the field of public law in relation to increasing legal prescriptions and permits. Moreover, specific tax regulations apply to the agricultural sector.

Therefore, CMS has a specialist team for the agricultural sector consisting of lawyers and tax consultants who specialise in the various areas of law affecting the sector and who have an affinity with the rural area.

The team advises and assists clients in litigation on topics including:

  • land use (ownership, ground lease, tenancy, land reparcelling)
  • contract law
  • expropriation law
  • (government) liability
  • business succession
  • law of succession
  • livestock improvement
  • planning and development
  • permits
  • subsidies
  • nature conservation law
  • environmental law
  • production quotas
  • tax law

The specialist team also act as arbitrators and organise regular seminars for clients to keep them informed on current developments in the agricultural sector.

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