Expropriation and setting the compensation

June 3 2019, Academy of Justice within its CTP organized training on “Expropriation and setting compensation”. Purpose of this training was to extend the judges knowledge on the expropriation procedure, identification of preliminary requirements for expropriation and criteria applied for expropriation.

First part of the training elaborated on the following: legal conditions for expropriation; expropriation in cases when an expropriation entity is Government or Municipality; preliminary decision and final decisions for expropriation and legal remedies. Whereas the second part of the training elaborated on the criteria for setting compensation for expropriation cases.

Initially the training highlighted that the expropriation institute allows the possibility that the owner is released of the rights to property only in cases foreseen by law and under condition that expropriation is done for purposes of general interest. Therefore, the acquired knowledge and elaboration of this legal institute, will contribute to unification of the judicial practice in the Republic of Kosovo.

Further, the training highlighted that expropriation of real estate is specifically regulated by Law No. 03/L-139 on Expropriation of Real Estate adopted in April 23^rd 2009. Private property is a category guaranteed and protected by international acts that safeguard the private property as inviolable and may be limited only for purposes of public interest and under conditions set forth by law.

Also, Constitution of the Republic of Kosovo foresees its protection from any arbitrary intrusion and that nobody can be deprived of the property right arbitrarily. Republic of Kosovo or public authority of the Republic of Kosovo may expropriate a property, if this expropriation is authorized by Law, is necessary or suitable for achieving this public interest and is followed by immediate and adequate compensation for the person/s whose property is expropriated.

It was also concluded that according to the Law on Uncontested Procedure for setting the height of the compensation rate for the expropriated property, the court determines the rate of compensation when the user of the expropriation and the previous owner before the competent authority of administration did not reach agreement for compensation for the expropriated real estate.

This training used combined method of teaching by theoretical lectures and presenting case studies from the case law, followed by exercises, interactive discussions, material provided by trainers, analysis of case studies, and elaborating on applicable legal provisions that regulate this area.  

Beneficiaries of this training are basic court judges, the appeals Court judges, professional associates in courts and officials from the Ministry of Finance that deal with compensation procedures before the expropriation body.