Compensation in Flood Risk Management with a Focus on Shifts in Compensation Regimes Regarding Prevention, Mitigation and Disaster Management

Abstract

In the Netherlands, the history of water management and water safety especially, goes back centuries. Compensation of damage caused by lawful acts of an administrative body (no-fault liability) is developed mostly in the field of water management and has quite a long history as well. The compensation of no-fault liability in the Netherlands since its introduction has been part of public law and not of civil law. This does not mean that the administration cannot be held liable for wrongful actions, in which case private law is applied. There is a strict distinction between wrongful and lawful acts of the administration: both can cause damage, but the way they are compensated differs: for lawful acts, public law is applied and for wrongful acts civil law (tort law) is applied. This article only considers public law, because it is the most important branch of law for the compensation of damage caused in the field of water safety. The field of water safety and flood risk management has seen many new developments, of which integration is the latest one. However, the course of flood risk management tends towards more segmentation of responsibilities. No-fault liability and other questions of compensation are also areas that are developing towards more integration. Assessment of no-fault liability in the field of water safety management cannot be made without taking into consideration the historical development of the responsibility of the state for water management tasks in general. In this contribution, the author addresses the historical development of responsibilities of the state for water management tasks, recent developments in this area and the system of no-fault liability regarding measures to prevent flooding.