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«Law on Expropriation LAW ON EXPROPRIATION (Official Gazette of the Republic of Montenegro, No 55/00, 12/02, 28/06) I Basic Provisions Expropriation ...»

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Law on Expropriation

LAW ON EXPROPRIATION

(Official Gazette of the Republic of Montenegro, No 55/00, 12/02, 28/06)

I Basic Provisions

Expropriation of Immovables

Article 1

Expropriation shall mean dispossession or limitation of the ownership right on

immovables, when required so by the public interest, with a compensation based on

the market value of immovables.

The public interest for expropriation of immovables shall be determined by law, or on the basis of law.

Through the expropriation of immovables, the expropriation user shall acquire the right to use that immovable property for the purpose that the expropriation has been done for.

The expropriation procedure and bodies for its implementation shall be regulated by this Law.

Expropriation can be complete and incomplete.

Immovables Article 2 Under this Law, immovables shall be considered to be land, buildings and other construction facilities.

Complete Expropriation Article 2a (Official Gazette of the Republic of Montenegro, No 28/06) Through expropriation, the owner of expropriated immovable property shall be changed (complete expropriation).

Article 3 (Official Gazette of the Republic of Montenegro, No 12/02) Annulled on the basis of the Decision of the Constitutional Court of the Republic of Montenegro.

Official Gazette of the Republic of Montenegro, numbers 55/00, 12/02, 28/06 Law on Expropriation Incomplete Expropriation Article 4 Through expropriation, both easement on immovables and land lease can be created for a defined period of time (incomplete expropriation).

The lease can be created only when the land, with respect to the purpose that the lease is proposed for, shall be used for a limited period of time, at the most up to three years (for research of mineral and other wealth, the use of quarries, extraction of clay, sand and gravel, the lease of natural goods for the purpose of placing them under protection, and similar).

Upon expiration of the time period that the incomplete expropriation is performed for, the expropriation user shall be obliged to return the land into the original condition.

Temporary Occupancies Article 5 Land that should serve a specific need regarding the construction of a facility (in order to accommodate workers, materials, machines, and similar) can be temporarily occupied (temporary occupancy).

Temporary occupancy shall be cancelled as soon as the need that it has been established for ceases to exist.

–  –  –

Expropriation can be carried out for the needs of the State, municipality, state funds and public companies, unless otherwise determined by law.

In the expropriation procedure, easement for the benefit of citizens can be created, if envisaged so by law, in order to install water supply pipes, electric and telephone cables, and similar.

–  –  –

If it is determined, during expropriation of one part of immovable property, that the owner does not have the economic interest to use the remaining part of the immovable property, or if, as a result, his existence on the remaining part of the immovable property is made impossible or significantly more difficult, that part of immovable property shall also be expropriated, at his request.

–  –  –

Through expropriation of a construction facility on urban construction land, the right to use the land under the facility and land that serves for its regular use shall be expropriated or terminated.

–  –  –

In areas affected by natural disasters, expropriation of immovable property shall be implemented in accordance with a special procedure prescribed by this Law.

–  –  –

The expropriation procedure of the immovable property that the public interest is determined for shall be implemented by an administration body competent for registration of rights on immovables (hereinafter: the competent administration body).

–  –  –

If the public interest for expropriation of immovable property is not determined by a separate law, the public interest can be determined also by the Government of the Republic of Montenegro (hereinafter: the Government), on the basis of a special study, in accordance with law.

The proposal for determining the public interest for expropriation shall be submitted by the person who, in accordance with provisions of this Law, may be the expropriation user.

The proposal for determining the public interest shall be submitted to the Government through the administration body competent for registration of rights on immovables (hereinafter: competent administration body), and it shall contain the data on immovables that the determination of public interest is proposed for, purpose of expropriation and other data important for determining a public interest.

The Government shall be obliged to make a decision on the proposal for determining public interest within 60 days.

The Government shall also determine the expropriation user by the act on determining public interest, in accordance with provisions of this Article.

Administrative dispute before the Supreme Court of the Republic of Montenegro can be initiated against the Government act on determining the public interest.





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A legal entity intending to submit a proposal for expropriation can request to be allowed to carry out the necessary preparatory activities on a specific immovable property (land survey, geodetic measurements and surveying and similar) in order to develop the preliminary feasibility study or proposal for expropriation.

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In the proposal for permit for carrying out preparatory activities, the following must be included: the purpose on the basis of which the expropriation is to be proposed, the immovable property on which preparatory activities are intended to be performed,

–  –  –

owner of that immovable property, nature, scope and purpose of activities, as well as their duration.

The proposal for permit for carrying out preparatory activities shall be decided on by the administration body competent for registration of rights on immovables (hereinafter: competent administration body).

Prior to deciding on the proposal for permit for preparatory activities, the body competent for making the decision shall hear the owner of immovable property on facts important for the permit for carrying out preparatory activities.

–  –  –

If the party submitting the proposal for the permit for carrying out preparatory activities makes probable that preparatory activities are needed for the purposes determined by this Law, the administration body competent for registration of rights on immovables (hereinafter: competent administration body) shall allow the performance of preparatory activities.

In adopting the decision on the permit for carrying out preparatory activities, it shall be taken into account that they are not performed at the time inconvenient for the owner of immovable property, with respect to the cultivation of land and purpose that the immovable property is used for.

In the decision referred to in paragraph 2 of this Article, preparatory activities, which the party submitting the proposal may perform, as well as the deadline within which he shall be obliged to complete them, must be stated in addition to everything else.

The decision, under paragraph 2 of this Article, cannot allow the execution of construction or other similar works.

–  –  –

A legal entity, for whose benefit the performance of preparatory activities is allowed, shall be obliged to pay in return a compensation prescribed by this Law to the owner of immovable property.

–  –  –

The proposal for expropriation may be submitted by the expropriation user, only after a public interest for expropriation of immovable property is determined in accordance with law.

The proposal for expropriation shall be submitted to the administration body competent for registration of rights on immovables (hereinafter: competent administration body) - to the regional unit in the municipality on whose territory the immovable property proposed for expropriation is located (hereinafter: competent administration body).

Contents of the Proposal Article 20

The proposal for expropriation of immovable property must include:

1) The name and headquarters of the party submitting the proposal for expropriation (the expropriation user).

2) The immovable property proposed to be expropriated and the location of that immovable property;

3) The owner of the immovable property proposed to be expropriated and his habitual residence or headquarters, and

4) The purpose that expropriation is proposed for.

Attachments to the Proposal for Expropriation Article 21

The following shall be attached to the proposal for expropriation:

1) Excerpt from the cadastre of immovables and other public books where rights on immovables are registered, which contains data on immovable property proposed to be expropriated;

2) Proof that the public interest for expropriation has been determined, in accordance with law.

Proof of Payment Article 22 (Official Gazette of the Republic of Montenegro, No 28/06) In addition to the documents referred to in Article 21 of this Law, with the proposal for expropriation, a certificate that the expropriation user paid in a special deposit account of the Ministry of Finance funds in the amount of market price of the immovable property proposed to be expropriated shall be submitted.

–  –  –

The competent administration body shall evaluate the market price of the immovable property referred to in paragraph 1 of this Article, at the request of the expropriation user.

The Ministry of Finance shall prescribe the manner and procedure for payment of funds referred to in paragraph 1 of this Article.

–  –  –

The competent administration body shall implement the procedure based on the proposal for expropriation and make a decision.

Prior to adopting the decision on expropriation, the body referred to in paragraph 1 of this Article shall hear the owner of immovable property about the facts regarding expropriation.

The Ministry of Finance shall decide on the appeal against the first-instance decision adopted at the proposal for expropriation.

–  –  –

In the case referred to in Article 8 of this Law, the body carrying out the expropriation procedure shall be obliged to inform the former owner that he can submit the request for expropriation of the remaining part of the immovable property and to enter that in the minutes.

The request under paragraph 1 of this Article may be submitted until the adoption of the final decision on expropriation.

If the request for expropriation of the remaining part of the immovable property is submitted until the adoption of the first-instance decision on expropriation, the competent body shall make a decision on the request at the same time with the proposal of the expropriation user, and if the request is submitted after the adoption of the first instance decision, the request shall be decided upon in a separate procedure.

Contents of the Decision on Expropriation

Article 25

The decision on adoption of the proposal for expropriation shall especially include:

1) Indication of the expropriation user;

2) Indication of the immovable property to be expropriated, with indication of the data from the cadastre of immovables;

3) Indication of the owner of the immovable property, and his habitual residence or headquarters;

Official Gazette of the Republic of Montenegro, numbers 55/00, 12/02, 28/06 Law on Expropriation

4) Indication of the purpose of expropriation;

5) The obligation of the expropriation user to meet the requirements referred to in Articles 36 and 38 of this Law;

6) The obligation of the owner to transfer the immovable property to the possession of the expropriation user, as well as the deadline for transfer; and

7) The obligation of the expropriation user to submit, within 15 days from the day of receiving the decision on expropriation, to the regional body competent for property relations a written offer regarding the form and amount of compensation for the expropriated immovable property.

–  –  –

On the basis of the proposal for expropriation, the competent body shall make, ex officio, notes regarding expropriation in the cadastre of immovables where rights on immovables are registered.

Divestiture of the immovables for which the note regarding expropriation is made, as well as changes in the immovable property relations, which can have the impact on the obligation of the expropriation user, shall not have a legal effect against the expropriation user.

–  –  –

The expropriation user shall acquire the right to take into possession the immovable property on the day when the decision on expropriation becomes valid, if he, until then, paid a compensation or transferred into the ownership of the former owner another adequate immovable property, i.e. with the proof that the former owner is properly invited, but that he refused to receive the payment of the compensation referred to in Article 22 of this Law.

Transfer of Immovable Property Article 29 (Official Gazette of the Republic of Montenegro, No 28/06) At the request of the expropriation user, the administration body competent for registration of rights on immovables (hereinafter: the competent administration body) may decide to transfer to the expropriation user the immovable property prior to validity of the decision on expropriation, but not prior to finality of the decision on

–  –  –



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