The sitting of the Legal Issues Committee
The Committee considered with the I reading the draft on Rule of Expropriation for Necessary Public Needs and the accompanying drafts. The draft improves legal regulations on expropriation and defines compensations for deprived property to the owner in the form of preliminary, full and fair remuneration and allows purposeful use of deprived property for public needs.
According to the Parliamentary Secretary of the Government, Shalva Tadumadze, the draft is entailed with failure of current regulations to meet the existing requirements. In line with the 4-point Governmental plan, infrastructural projects are scheduled in the country to be facilitated under the new draft. Respective international experience has been considered upon development of the drafts.
The draft envisages re-settlement in view to spare the land plot for public needs and/or project, envisaging negotiable and forced eviction.
Upon negotiable eviction, the contractor of the public needs and/or project shall obtain the property with agreement of the owner on the basis of the purchase agreement;
Upon forced eviction, it means expropriation when the contractor obtains the property through obtainment of the permit thereto by the Court decision under the condition of full, preliminary and fair remuneration.
The forced eviction shall be implemented on the basis of the Decree of the Economic Minister and with the Court decision by the state agency or public or legal entity. The Court shall consider the Decree of the Minister within one month and if the project implies complications, the term can be extended. The owner/holder shall be entitled to appeal. When the Court grants expropriation right to the person and the decision becomes effective, the expropriator expropriates on the basis of preliminary payment and fair remuneration.
According to the Chair, Eka Beselia, the Constitutional compliance of the changes shall be adhered. “The draft concerns property and so it is important to ensure Constitutional compliance of all the changes and keep the balance necessary upon human rights protection and implementation of necessary remedies”. The reporter answered the questions. The Committee supported the draft.