Expropriation of Real Estate in Serbia: Your Rights and the Process - Attorney at law Belgrade
Expropriation, though a known term, often lacks in-depth exploration due to its specific contexts. This text clarifies the basics of expropriation and its process, preparing you for the possibility that your property may become subject to expropriation for the needs of public institutions or corporations.
Understanding Expropriation:
Expropriation involves transferring ownership rights of real estate from private to public ownership, specifically to the Republic of Serbia. This right can be limited in cases stipulated by the law.
Real estate subject to expropriation includes lands, buildings, and other constructions such as sheds, garages, and auxiliary facilities.
The Expropriation Process:
Expropriation is defined by a specific Expropriation Law in Serbia. Your property might be either expropriated or limited in the public interest, with fair compensation that cannot be lower than the market value.
Types of Expropriation:
Full Expropriation: The owner loses ownership rights over the property.
Incomplete Expropriation: The remaining part of the property may be subject to servitudes or lease for a specific period.
Expropriation of Remaining Land:
The Expropriation Law allows for the expropriation of the remaining part of land if the owner lacks economic interest in its use or if their existence is significantly affected due to the expropriation of another part.
The Expropriation Procedure:
The existence of a public interest in expropriation is determined by the Government. Public interest may cover areas such as healthcare, education, infrastructure projects, or natural resource exploitation. The Government decides on public interest within 90 days.
Compensation for Expropriated Real Estate:
The compensation amount for expropriated real estate is determined in two phases: first before the administrative body and then in a non-litigious process before the court.
Factual Expropriation:
Factual expropriation refers to cases where a specific activity has been conducted on your land, such as infrastructure installation, without a preceding formal expropriation process. In such cases, you have the right to fair compensation and potential damages before the court.
Advice: Always consult with a property law expert to better understand your rights and the expropriation process.
If you need legal assistance regarding the expropriation process, feel free to contact us through the contact form on our website. Our team of property law attorneys in Belgrade will provide you with all the necessary support.