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On the Procedure for Deprivation of Property for Pressing Social Needs | |
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Document number | 1054 |
Document issuer | Parliament of Georgia |
Date of issuing | 11/11/1997 |
Document type | Organic Law of Georgia |
Source and date of publishing | Parliamentary Gazette, 46, 03/12/1997 |
Registration code | 020.060.040.05.001.000.288 |
Consolidated publications |
Consolidated versions (20/09/2013 - 15/07/2020)
ORGANIC LAW OF GEORGIA
ON THE PROCEDURE FOR EXPROPRIATION OF PROPERTY UPON THE URGENT NECESSITY OF ENSURING PUBLIC NEEDS
Article 1.
This Law determines the procedure for the expropriation of property on the basis of full and fair compensation in advance upon the urgent necessity of ensuring public needs.
Organic Law of Georgia № 1264 of 20 September 2013 – website, 1.10.2013
Article2
The circumstances, under which human life or health, and the security of the State or the safety of public is endangered due to a state of emergency or martial law, ecological disasters, natural disasters, outbreak of epidemics or epizootic hazards shall be deemed urgent necessity.
Organic Law of Georgia № 209 of 18 January 2013 – website, 28.1.2013
Article 3
A decision with regard to the expropriation of property shall be made by the ministries of Georgia, the ministries of the Autonomous Republics, or the representative bodies of the local self-governments within the jurisdiction of which the item of property is located.
Organic Law of Georgia № 1264 of 20 September 2013 – website, 1.10.2013
Article 4
The value of items of property shall be defined by an authorised state body on the basis of the principles of full and fair compensation in advance. The owner shall receive the value of an item of property before the expropriation of such property. Such compensation shall be exempted from any taxes and fees.
Organic Law of Georgia № 209 of 18 January 2013 – website, 28.1.2013
Organic Law of Georgia № 1264 of 20 September 2013 – website, 1.10.2013
Article 5
In the case of declaring a state of emergency or martial law, a decision with regard to the expropriation of property on the basis of full and fair compensation in advance for ensuring public needs, shall be made in accordance with the procedures determined by the legislation of Georgia on the state of emergency or martial law.
Organic Law of Georgia № 1264 of 20 September 2013 – website, 1.10.2013
Article 6
A decision with regard to the expropriation of property on the basis of full and fair compensation in advance and with regard to the compensation of damage incurred, may be appealed in court after the termination of the circumstances specified in Article 2 of this Law, as provided for by the legislation of Georgia.
Organic Law of Georgia № 1264 of 20 September 2013 – website, 1.10.2013
President of Georgia Eduard Shevardnadze
Tbilisi
11 November 1997
No 1054–Iს
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