Government Adopts Expropriation Act    


DSC_18276 March 2017, VG Intelligence Weekly Issue 44

During the last cabinet session, the Government proposed amendments to the current Expropriation Act. Expropriation (i.e. eminent domain) is the legal institute giving the state or national government (i.e. Government body) the power to take private property for public use, compensating them with an expropriation value or with comparable property, reflecting the full market value of the estate, in situations when it is impossible to reconcile public and private interests. The expropriation is carried out in situations when the Government estimates that the greater benefit can be achieved by using the property for other purposes, than by the method currently employed.

 The new act proposes introducing the 3 court experts or property appraisers into the process to be chosen by the expropriating government authority (i.e. ministry), which will be involved in the assessment process of the property at stake. Private owners’ only judicial recourse is to appeal the value of the expropriation compensation.  Projects that are determined to be of strategic state interest, whether public or private sector projects, qualify for expropriation by the responsible state authority.

The deadline for the submission of expropriation proposals is extended from two to four years. The property value elaborate must not be older than 2 years. Finally, the act introduces a temporary expropriation solution, which, provided that the fee is determined and paid, gives the right to ownership of property to the expropriation beneficiary…

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