«Law on Expropriation LAW ON EXPROPRIATION (Official Gazette of the Republic of Montenegro, No 55/00, 12/02, 28/06) I Basic Provisions Expropriation ...»
expropriation, if it evaluates that to be necessary due to the urgency of construction of a certain facility or execution of works.
The transfer of the immovable property into the possession of the expropriation user shall not be allowed if the expropriation user previously did not determine the necessary elements for determining the amount of compensation for the expropriated facility, under Article 25, item 7 of this Law.
If the immovable property is transferred to the expropriation user before the decision on expropriation becomes valid, and the proposal for expropriation is in a further procedure rejected by a valid decision, the expropriation user shall be obliged to return to the owner the immovable property and compensate the damage.
The expropriation user may, until the decision on expropriation becomes valid, withdraw the proposal for expropriation.
At the request of the former owner of the expropriated immovable property, the valid decision on expropriation shall be annulled or amended, if the expropriation user has not carried out at least one third of the value of the total value of the envisaged works, from the validity of the decision on expropriation.
The body, which decided on the proposal for expropriation in the first instance, shall decide on withdrawing the proposal for expropriation and on the request for annulling or amending the valid decision on expropriation.
Prior to making a decision, the body referred to in paragraph 3 of this Article shall hear the authorized representative of the body competent for determining the public interest.
In case of a dispute, the regular court shall decide on property relations between the expropriation user and owner of immovable property.
In areas affected by earthquake, floods, fires, ecological disasters and other large scale natural disasters, expropriation for the purpose of construction of facilities and execution of works removing the consequences caused by these disasters shall be carried out in accordance with the provisions of Articles 32 to 34 of this Law.
Land can be temporarily occupied when it is necessary to do so and appropriate in order to install and construct temporary facilities (facilities for the accommodation of citizens ands property, and similar).
Appeal lodged against the decision establishing temporary occupancy of the land shall not postpone the execution of the decision.
The decision on temporary occupancy of the land shall be annulled as soon as the need for which it has been adopted ceases to exist.
The expropriation user can, on the basis of the final decision on expropriation, request the transfer of that immovable property for setting it aside for a specific purpose.
If an apartment building, apartment as a separate part of the building or business premises are expropriated, the expropriation user shall be obliged to provide the former owner with another apartment or business premises in ownership or lease.
Until the apartment or business premises are provided, the expropriation user shall be obliged to provide, prior to demolishing such a facility, the persons referred to in paragraph 2 of this Article with temporary accommodation that meets conditions of accommodation or performance of activities.
The provisions of paragraphs 2 and 3 of this Article shall be applied also in the case of expropriation of other facilities.
The Government shall determine the areas and time for the application of the provisions of Articles 32 and 33 of this Law.
Unless otherwise determined by provisions of Articles 32 and 33 of this Law, other provisions of this Law shall apply to areas affected by natural disasters of greater volume.
The value of facility given into the ownership or co-ownership in the name of compensation and value of expropriated facility, in the case of establishing the right of ownership or co-ownership, shall be determined in accordance with the market price of these facilities at the moment of creating the rights of ownership or coownership.
The amount of compensation in money for expropriated immovable property shall be determined at the market price, according to the circumstances at the moment of concluding the agreement on the amount of compensation, and if the agreement is not reached, in accordance with the circumstances at the moment of adopting the first-instance decision on compensation.
If the immovable property is transferred to the expropriation user prior to validity of the decision on expropriation, the former owner shall have the right to choose whether the compensation will be determined in accordance with the circumstances at the time of transfer of expropriated immovable property or at the time of adoption of the first-instance decision on compensation.
If the expropriated immovables of different types are in the ownership of the same owner, the compensation for individual types of immovables (land, building, devices, etc.) shall be stated separately in the agreement on the amount of compensation or decision of the court.
Compensation for the expropriated agricultural land shall be determined in money in accordance with the market price of such a land.
The compensation for the expropriated cultivable agricultural land to a person whose livelihood depends on the revenue from that land, at his request and if the conditions for this have been met, shall be determined by giving into ownership another adequate land of the same culture and class or adequate value in the same place or within the nearby area.
The compensation for the former owner of the expropriated facility that was used for raising cattle and storage or processing of agricultural products, and whose livelihood depends on the revenue from those activities, at his request and if the conditions for this are met, shall be determined by giving into the ownership another facility where he can be able to continue the performance of the activities at the place proposed by the former owner within the boundaries of his agricultural land, and in accordance with the applicable regulations.
Until transferring to possession of the facility to be given into the ownership in the name of compensation, the expropriation user shall be obliged to enable, before demolition of the expropriated facility, the former owner to use another facility.
Compensation for expropriated apartment building, apartment or business premises shall be determined in accordance with the market price of such immovable property.
The expropriation user may give to the former owner of the expropriated apartment building or apartment or business premises that he used for performing the activity, at his request and if the conditions are met to do so, in ownership or co-ownership another apartment building or apartment, i.e. business premises at the same place, which, in accordance with the structure, area and location of premises correspond to the conditions of accommodation or performance of the activity, which the former owner had before expropriation.
The former owner, who has used the expropriated immovable property as referred to in paragraph 1 of this Article, shall be provided with another immovable property before demolition of the expropriated facility.
The expropriation user shall be obliged to provide the lessee of the apartment in the expropriated apartment building or apartment as a separate part of the building, before demolition of the building, with another adequate apartment for use, with the right to lease for indefinite period of time.
In the case that the values of the expropriated facility and the facility given in the name of compensation in ownership or co-ownership differ, the expropriation user or the former owner shall be obliged to pay the other party the difference in price.
The former owner shall have the obligation referred to in paragraph 1 of this Article only in the case he agrees that the facility of value greater than the value of expropriated facility is given to him in ownership or co-ownership, in the name of compensation.
The manner, conditions or payment deadline for difference referred to in paragraph 1 of this Article shall be determined by the agreement between the parties, i.e. by the decision of the court.
Compensation for an expropriated vineyard or orchard that give fruits shall be determined by determining compensation for the land in accordance with Article 36 of this Law, and adding to that amount the market value of non-amortized investments in growing and maintaining such a vineyard or orchard and the amount of net return that would be provided by this vineyard, with respect to its age and fertility, for the number of years necessary for the new vineyard or orchard to grow and become fertile.
Compensation for an expropriated young vineyard or orchard that do not give fruits shall be determined by determining the compensation for land in accordance with the provisions of Article 36 of this Law, and adding to that amount of the investments made for its growing and the amount of net return that would have been generated for as many years as this vineyard or orchard has until the moment of expropriation.
In accordance with the provisions of paragraphs 1 and 2 of this Article, the compensation for individual trees of orchard and grapevine located on the expropriated land shall be determined.
Compensation for expropriated nursery shall be determined as in the case of agricultural land (Article 36), and the compensation determined in such a manner shall be increased for the market price of the planting material (seedlings and other material for reproduction) that the former owner has not used until the day of transferring the immovable property to the expropriation user.
Compensation for Forest Article 42
Compensation for an expropriated mature or approximately mature forest represents the value of the forest assortments and other forest products determined in accordance with the market prices at truck road or another loading location, i.e.
place of repurchase reduced by the production costs.
Compensation for the expropriated young forest shall be determined in accordance with the costs of growing such a forest increased for the factor of location value by which the value of mature forest is reached.
Compensation determined in accordance with the provisions of paragraphs 1 and 2 of this Article shall be increased by the amount of compensation for the land determined in accordance with the provisions of Article 36 of this Law.
Production costs shall mean the costs of cutting, processing and transportation of forest assortments from the forest to the truck road or another loading or repurchase location.
Costs of growing a young forest through artificial means shall be determined in the amount of forestation costs, and the costs of growing a young forest through natural means in the amount of costs of artificial forestation by seeds.
Under this Law, approximately mature for cutting forest shall mean that even-aged forest, the two thirds of which, at least, are mature, whereas young even-aged forest shall mean that forest where up to two thirds of forest is forest mature for cutting.
Uneven-aged forest (selection cut forest and clear-cut uneven-aged forest) shall be considered as the forest mature to be cut.
Compensation for vineyard, orchard, nursery and forest located on the construction land shall be determined in accordance with the provisions of Articles 40 to 42 of this Law.
The former owner shall not be entitled to compensation for investments made after the day he was informed in writing on the submitted proposal for expropriation, besides the costs that were necessary for using the immovable property.
The notification on submitted proposal for expropriation shall be submitted to the former owner by the body competent for adoption of the decision on expropriation.
In the procedure for determining the compensation, in accordance with the provisions of this Law, the compensation can be determined in the amount greater than the market price, taking into consideration material and other personal and family circumstances of the former owner, if those circumstances are of a substantial importance for his existence (big number of household members and number of Official Gazette of the Republic of Montenegro, numbers 55/00, 12/02, 28/06 Law on Expropriation members capable to earn their living or employees, health condition of members of the household, monthly revenues of the household, and similar).
The former owner shall be entitled to harvest crops and collect fruits from the expropriated land.
The body competent for adopting the decision on expropriation may, in emergency cases, allow the expropriation user, at his request, to start performing the works on the expropriated land prior to the time when crops or fruits become mature for harvest or collection.
If the former owner was not able to harvest the crops or collect fruits, because the expropriation user was allowed to start works prior to harvesting crops and collecting fruits, the former owner shall be entitled to compensation for crops or fruits in accordance with the market price after deduction of necessary costs he would have had by harvesting or collecting.
In the case of creating easement, the compensation shall be determined in the amount for which, due to creation of easement, the market value of the land or buildings is reduced.
The compensation referred to in paragraph 1 of this Article shall be determined in accordance with the procedure for determining the compensation prescribed by this Law.