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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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April 2019
CMS Soil and Ground­wa­ter Con­tam­in­a­tion Guide
From the 1970s on­wards, soil and ground­wa­ter con­tam­in­a­tion has be­come an in­creas­ingly im­port­ant reg­u­lat­ory is­sue. However, there are still no uni­form reg­u­la­tions. Nu­mer­ous sets of rules have been de­veloped which, among oth­er things, aim to pro­tect soil and ground­wa­ter and have led to stand­ard­isa­tion through­out Europe and the world. These sets of rules in­clude, for ex­ample, laws on the trans­port of dan­ger­ous goods, laws gov­ern­ing chem­ic­als and laws re­lat­ing to emis­sion con­trol. However, ques­tions such as how to deal with con­tam­in­a­tion and who is re­spons­ible for its elim­in­a­tion can be answered only for the re­spect­ive leg­al sys­tem.The pur­pose of this guide is to as­sist with an ini­tial risk as­sess­ment and to provide prac­tic­al ad­vice re­gard­ing the par­tic­u­lar­it­ies of each of the 24 leg­al sys­tems covered. However, ow­ing to the large num­ber of scen­ari­os, this guide does not con­sti­tute leg­al ad­vice. On the fol­low­ing pages, CMS en­vir­on­ment­al law ex­perts present an over­view by an­swer­ing a set of el­ev­en ques­tions ac­cord­ing to their re­spect­ive jur­is­dic­tion, in­clud­ing Aus­tria, Bel­gi­um, Bul­garia, Chile, China, Colom­bia, the Czech Re­pub­lic, France, Ger­many, Hun­gary, Italy, Lux­em­bourg, Monaco, the Neth­er­lands, Peru, Po­land, Por­tugal, Ro­mania, Slov­akia, Spain, Switzer­land, Tur­key, Ukraine and the United King­dom.
08/10/2018
CMS European Real Es­tate Deal Point Study 2018
The European in­vest­ment mar­ket once again had a very strong year. At EUR 234 bn, total in­vest­ment volume was only 3% be­low the re­cord level seen in 2015. This fig­ure also rep­res­ents an in­crease of 7% year-on-year.In ad­di­tion to the on­go­ing lack of al­tern­at­ive in­vest­ment op­por­tun­it­ies, along with fa­vour­able fin­an­cing con­di­tions, the pos­it­ive eco­nom­ic en­vir­on­ment in Europe was the primary reas­on be­hind the high de­mand for real es­tate in­vest­ment. Fall­ing un­em­ploy­ment fig­ures, buoy­ant con­sumer sen­ti­ment and rising GDP boos­ted con­fid­ence in 2017, par­tic­u­larly among in­ter­na­tion­al in­vestors, and drove up their in­vest­ment activ­ity. Des­pite the un­cer­tain out­come of the on­go­ing EU exit ne­go­ti­ations, the UK also re­mained at­tract­ive for in­vestors. Lim­ited sup­ply ac­ted as a con­straint, how­ever. The res­ult­ing fur­ther in­crease in real es­tate prices has led to his­tor­ic­ally low yields in some cases. Rather than caus­ing in­vestors to aban­don the real es­tate mar­ket, the fo­cus has switched to spe­cial­ist prop­er­ties which of­fer high­er yields than tra­di­tion­al of­fice and re­tail as­sets. In par­tic­u­lar, health­care fa­cil­it­ies, ho­tels and stu­dent apart­ments have all come to the fore. The ex­ist­ing ex­cess de­mand also triggered a sig­ni­fic­ant rise in the num­ber of trans­ac­tions in­volving de­vel­op­ment pro­jects.The con­sist­ently pos­it­ive trend has con­tin­ued in 2018. The latest fig­ures from the first half of the year sup­port the view that des­pite the trade dis­pute with the US and a pos­sible end to low in­terest rates, a down­turn in the European in­vest­ment mar­ket is un­likely this year. The con­fid­ence of in­vestors in real es­tate as an in­vest­ment re­mains in­tact.The new CMS European Real Es­tate Deal Point Study 2018 now in­cludes more than 1,300 trans­ac­tions. Com­pil­ing the study in­volved com­par­ing the trans­ac­tions on which we ad­vised in the peri­od 2010 to 2017, en­abling us to high­light de­vel­op­ments and trends.Down­load the ex­ec­ut­ive sum­mary or re­quest a copy of the full study be­low.360px360pxht­tps://form.jot­form.com/82764088995982 al­ways
April 2020
CMS Real Es­tate & Con­struc­tion Glob­al Bro­chure
As the fifth-largest glob­al law firm and the largest real es­tate team in Europe with more than 800 ded­ic­ated law­yers, CMS com­bines loc­al know­ledge with in­ter­na­tion­al strength and ex­per­i­ence. Our in­teg­rated teams of­fer you the best com­mer­cial guid­ance for highly com­plex, stra­tegic in­ward in­vest­ment trans­ac­tions in­to ma­jor European gate­way cit­ies and bey­ond. CMS is also well-es­tab­lished in Africa, China, South Amer­ica, the Middle East and Asia. We ad­vise on the full range of real es­tate ser­vices, in­clud­ing fin­an­cing, struc­tur­ing, as­set man­age­ment, tax, cor­por­ate-wrapped and dir­ect in­vest­ments. We provide the full range of de­vel­op­ment ad­vice with sup­port from our spe­cial­ist plan­ning, en­vir­on­ment and con­struc­tion teams.

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