Exploration in the north, slippery road for Kosovo Government

He claims that eight acres of his forest in the village of Macinishh, located near the family home where he lives, should be subjected to expropriation. That's what he says former municipal officials told him.

Leposaviqi is among those municipalities, where officials of the Serb community are disappointed with the Kosovo Government's decision to reregister cars with Serbian license plates have resigned six months ago.

Speaking to Radio Free Europe, Jovanovic estimates that the government of Kosovo is conducting a <x0 legal> ” property seizure.

The people are angry and persistent. We want to stay there, save our property”, Jovanovic says.

Similar attitudes speak of Radio Free Europe as well as residents of the villages of Dren and Zasele, from the same municipality, who think their property will also be part of the expropriation but do not want to be publicly declared to the media.

The parcel owners have addressed the ombudsman in Pristina, Naim Qalaj, whose office has told him. REL that <x0 login is next”.

After investigating cases based on legal provisions, the Ombudsman will come up with public opinion”, the institution has said.

On the other hand, the Government of Kosovo says the goal of expropriation is “the realisation of infrastructure projects of public importance” and that it is proceeding in accordance with the law.

Kosovo police confirm for REL that construction of a police station is planned in the exhumed area. In contrast, the European Union expresses concern for “creating police bases on private and social soil”.

Why do you dispute expropriation in the north?

The Kosovo government has launched the expropriation process in the Leposaviqi municipality and Zubin Potok's in mid-January, when some parts of the land have declared the <x0-dominal work of particular public interest, which is necessary for the realisation of infrastructure projects of public interest”.

On February 2nd, it has adopted a decision authorising the Ministry of Environment, Spatial Planning and Infrastructure that “conduct preparation work to determine the potential compatibility of one or more real estate parcels, for the realisation of infrastructure projects of public interest”.

In the village of Dren, meanwhile, work has started on the construction of Kosovo Border Police station, which the local population has rejected with protests.

At the time, Kosovo Police have told REL that the purpose of building this station is “to ensure the safety of citizens, manage the border and prevent smuggling in that region”.

After residents have hampered the continuation of protest works, the Government of Kosovo, in mid-February, has held public debates in Leposavic and Zubin Potok, where charges of violations of legal procedures have been heard by central authorities.

Residents, whose land is the object of expropriation, have also raised the issue at the Constitutional and High Court in Pristina.

Their lawyer, Nebojsa Vlasic, has said in public debates that locals cannot agree to a matter of public importance unless they are officially told what will happen to the location that is the object of expropriation. According to him, the whole process is nontransparent.

REL contacted Vlasic on May 15th, but he refused to speak to the argument that the Office for Kosovo in the Government of Serbia, which has committed it, is responsible for statements concerning expropriation.

From this office to publishing this text, they refused to make any statements.

Otherwise, expropriation in the north has also been rejected by the Serbian List of Serbs in Kosovo, which has the backing of official Belgrade.

How much land is subject to expropriation?

At the May 10th meeting, the Government of Kosovo has approved the preliminary decision to expropriate land in Leposaviq and Zubin Potok.

At the same meeting, Avni Zogiani, deputy minister of the Environment, Spatial Planning and Infrastructure, has said that the Department of Equipment has concluded that legal provisions have been respected and that for this reason the Government has been decided to submit the preliminary proposal for adoption of expropriation legitimacy.

It has not been known how much land will be mined, but Zoran Todiq, former head of the Leposaviqi municipality, has said earlier that it is about 83 hectares of land in that municipality.

In a previous statement to the REL, he has said that thirteen parcels are private owned, six are socially owned and one is owned by the Leposaviqi municipality.

Only the land is known for Zubin Potok's municipality in the cadastral areas: Brnjak, Zubin Potok, Big Coast, Bay and Upper Jasenovik.

What do they say from the Kosovo government?

The Kosovo government did not concretely answer REL's question about how much land will be the object of expropriation. According to the Government, the goal is to build projects that “will influence the creation of conditions for overall development”.

But according to her, this is not the first time that the Government of Kosovo has migrated to the north, for the sake of public interest, and, reportedly, no one has so far protested.

In response to the Government sent REL doesn't exactly measure how much land has been expropriated so far and what is built on it. It says that the expropriation process is in line with the law and that it is a transparent process.

The government has held public hearings with property owners in the Leposaviq municipalities and Zubin Potok, where turnout has been very good, and all issues related to the process have been discussed with property owners, said the Government's statement.

It points out that all landowners, who are the object of expropriation, will benefit monetary compensation, defined by the Office of Realty Property Rating, based on market prices.

What does the law say?

The Bureau for Exploration says the Government of Kosovo can expropriate under certain conditions, but that in those cases, the municipality, in whose territory the expropriation is carried out, has the right to challenge in court the legality of expropriation and/or the amount of compensation.

Apart from actions on implementing pre-law rights, no municipal municipality or public authority can prevent or prevent expropriation.

The law also reportedly depletion of real estate can only be carried out if the property is not selected for purposes to implement any discriminated objectives.

Lawyer Florin Lata explains to the REL that the Law for Exploitation of True Property envisions the possibility that the Government of Kosovo will carry out expropriations for the legitimate public “ ”, which may also be the <x2 construction or expansion of a building or object, which will be exploited by a central public authority for the exercise of its public function<3>.

Taking into account that building facilities of police stations are considered necessary in the exercise of the government's public office, then it is considered that the Government has the right to make the depletion of property for this purpose”, Lata says.

However, he adds, the Law provides for the right to complaint for landowners, who assess that expropriation is not necessary and does not meet legal conditions.

The “irresolvability owners have the right to address the court in the 30-day term, which may cancel the expropriation process in whole or in part. If the court refuses their complaint, then the expropriation procedure continues, and the owners no longer have the right to object to expropriation. Any other action of their stumbling block would be illegal and the same risk being prosecuted”, Lata says.

Ordered by the European Union

The European Union's office in Kosovo has called on Kosovo authorities that “strictly respect legal procedures related to the expropriation of real estate” and ensure respect for owner property rights.

Concern has also expressed for “the creation of Kosovo Police bases on private and social soil in some cases even before the launch of the expropriation procedure”.

Similarly, the European Parliament's rapporteur for Kosovo, Violet von Cromon, has reacted with the message that he is aware of the Kosovo Government's decision regarding expropriation, but that at this moment “should not be added gasoline to the fire”.

The issue of expropriation follows tensions in northern Kosovo late last year.

At the time, local populations have set up barricades in order to prevent Kosovo government from implementing the decision to reregister Serbian license plates. /Rel