Intention to establish a right of superficies

The Municipality of Wassenaar intends to grant a right of superficies on its land to Liander for the purpose of constructing a transformer station. The property in question is the parcel of land known in the land registry as Municipality of Wassenaar, B12321 (partially), locally known as Hoogheemraadstraat in Wassenaar, with an area of approximately 34 m².

Operator is the only serious candidate

In the municipality’s opinion, Liander N.V. is the only serious candidate eligible for the aforementioned easement for the purpose of constructing a substation to improve and maintain the existing electrical grid in the municipality of Wassenaar.

A building right will be established on this parcel exclusively for the purpose of utility infrastructure, thereby serving the public interest in energy infrastructure.

In light of the foregoing, the municipality is of the opinion that, based on objective, reasonable, and verifiable criteria, only one serious candidate qualifies for the aforementioned right of superficies, specifically due to the following circumstances:

  1. Liander is the sole operator of the electricity grid within the service area where the property is located. Liander is therefore the only party qualified to carry out an expansion of the electricity grid.
  2. Liander is willing and able to carry out the planned development.
  3. Liander has experience in operating electricity grids.

It goes without saying that the municipality enjoys a considerable degree of discretion in this regard.

Expiration date 

If you do not agree with this proposal, you must notify us by 12:00 p.m. on April 2, 2026 (within 20 calendar days of publication) by sending a detailed statement to juridischezaken@wassenaar.nl, with the subject line “Right of way Hoogheemraadstraat.” 

In the absence of a timely and substantiated notice, the right to challenge the foregoing in court and/or to base any claim for damages or any other claim whatsoever on it shall lapse; in any event, you shall have forfeited your rights in this regard. After all, the municipality and the operator would be unreasonably disadvantaged if objections to the proposed action or the conclusion of the agreement(s) were raised only after this (clearly communicated) deadline. 

With this publication, the municipality is implementing the Supreme Court’s ruling dated November 26, 2021 (ECLI:NL:HR:2021:1778).