What do the amendments to the Law on Expropriation bring?

Photo-illustration: Unsplash (Ivan Aleksić)

The Government of the Republic of Serbia proposed amendments to the Law on Expropriation, and the draft law was on the agenda of the Seventh Session of the Second Regular Session of the Assembly.

At the same time, numerous citizens and environmental activists gathered yesterday, November 23, in front of the Assembly and called for such a proposal to be withdrawn because, as they say, it is intended to facilitate “kidnapping grandparents for the interests of foreign companies.”

The Law on Expropriation has been applied in our country since 1995, but the proposed amendments drastically speed up the process, and all procedures receive the status of “urgent” if the Government finds that the project is in the public interest.

“The deadline for the Government to establish the public interest has been reduced from 90 days to 15 days, and the deadlines for citizen participation in the procedure are five plus three days. In addition, three more years have now been added to those three years of temporary land occupation – that is, six years of temporary land occupation, “explained lawyer Luka Djordjevic in a conversation with” Eco Guard “.

He adds that farmers in the villages generally do not conduct inheritance disputes for generations, which is a great obstacle for investors to carry out the expropriation procedure, since it is not known who the owner is.

“The new law on expropriation envisages the introduction of temporary representatives of potential heirs. This means that someone from the municipality appoints a temporary representative for your late grandfather and that temporary representative then conducts the probate procedure. This is abnormal from the point of view of inheritance law. When the testator dies, he automatically becomes the heir, there is no potential heir, there is no representative of the heir. This law introduces crazy things “, Djordjevic points out.

The benefit of the citizens or the benefit of Rio Tinto?

As the main reason for the amendments to the Law on Expropriation, activists cite the company Rio Tinto, which has so far managed to buy less than a third of the planned land, and if the bill is adopted, the foreign company will easily get all the necessary plots.

At yesterday’s session, Serbian Prime Minister Ana Brnabic denied allegations that Rio Tinto had anything to do with the Law on Expropriation and denied protesting citizens that the law on expropriation would only serve to make some strategic projects faster, the government said in a statement.

She pointed out that so far the illegal object on the route could not be removed and that the new law should find a solution for such situations as well.

“This bill has been in the public domain for two weeks, comments have been sent, and those who protested in front of the parliament today did not send any comments,” the prime minister said.

The Minister of Agriculture, Forestry and Water Management, Branislav Nedimović, stated that the amendments to the Law on Expropriation shorten the deadlines for the actions of the competent authorities, resolve the issue of illegal expropriation facilities and define the issue of administrative transfer.

He explained that the draft law envisages that the subject of expropriation can be all forms of ownership, including real estate in public ownership, which has not been the case so far.

Activists, as announced, will continue with the protests today and on Sunday because they believe that the amendments to the Law cannot benefit citizens, but will, on the contrary, endanger even those who are not in mining areas, since everyone is at risk of being taken away by urgent procedure. property.

Milena Maglovski


Source: Energetski portal Srbije by www.energetskiportal.rs.

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