22.05.2023. » 10:51


OP - ED - Expropriation in Northern Kosovo



With a particular focus on the events that took place in February this year in northern Kosovo, where the government's decision to expropriate land sparked protests and indignation among residents, Ljiljana Petronijevic, a law graduate, presents an OP-ED that explores the issue of expropriation, and тhrough a legal analysis, she points out the illegality of the government's decision to expropriate land in the north.

expropriation-in-northern-kosovo

"While the situation in northern Kosovo has been tense for some time, the government in Pristina has initiated the adoption of a new expropriation law. The initiation itself would not be unusual if it were not happening at a time when the issue of expropriation in northern Kosovo has taken on a political, national, and discriminatory character.

In addition to strong criticism from the expert community and protests by local residents, the government in Pristina is attempting to legalize its serious omissions through the new law.

But let's proceed in order:

On January 16, 2023, the government in Pristina made a decision to approve the declaration of special public interest in immovables owned by and of interest to holders necessary for the implementation of infrastructure projects of public interest in the cadastral zone: Dren and Leshak, the municipality of Leposavić.

Following the announcement of infrastructure construction projects, the inhabitants of Dren village took action by organizing protests at the designated site of the planned works. However, the works were soon interrupted until further notice. During the session, it was stated that only preparatory works, such as land surveying, were being carried out on-site. They further emphasized road asphalting and expansion, stating it was for the benefit of citizens and economic development. Property owners and residents directly and indirectly affected by expropriation demanded that the entire situation be returned to its previous state and that residents be allowed to use their land.

On September 20, 2022, the government in Pristina decided approving the declaration of special public interest in immovables owned by and of interest to holders necessary for the implementation of infrastructure projects of public interest in the cadastral zone: Brnjak and Gornji Jasenovik, the municipality of Zubin Potok. Extensive works have already begun on these parcels without a prior decision on determining public interest for conducting expropriation, which means that we do not even know what public interest is being served by the construction on these parcels. It later turned out that the construction was planned for militarized facilities for the needs of police and military forces.

Property owners were not informed about the construction works, although the works were already in an advanced stage. They were prevented from accessing their properties by special units, which caused additional unrest among the residents of Northern Kosovo. The residents themselves, during a public hearing held on February 21, 2023, at the premises of the municipality of Zubin Potok regarding the expropriation procedure, which was previously ordered by the Ministry of Environment, Spatial Planning, and Infrastructure from Pristina, demanded the return or release of their property to them, to restore the previous state, and for the police, machinery, and all others to be removed from the site so that residents could use their land as they always have. They stated that they would oppose any attempt to expropriate these properties.

The legal and factual situation regarding the expropriation cases in the villages of Gornji Jasenovik and Lesak differs in that in the villages of Dren and Lesak, construction works on the properties began after the decision on determining public interest was made, unlike in Gornji Jasenovik, where significant construction works had already started before the expropriation decision was made.

Both decisions are unlawful because they lack justification regarding the specific infrastructure projects being built on these areas, making it unclear what public goal is being achieved. For property owners and the local community, it is not the same when military facilities are being constructed, thereby militarizing the area, compared to when objects of significant importance for the economic development of the local community are being built, thus promoting the municipality's development.

A public goal achieved through expropriation has two sides: 1) It should be legally justified, and 2) property owners whose properties are subject to expropriation, as well as everyone else, should know from the very beginning which public facilities are being built on the expropriated properties. Neither of these two types of public interest is fulfilled in these cases. These cases indicate that the government does not respect its own laws. Article 8, paragraph 1, point 1.5 of the Law on Expropriation of Immovable Property stipulates that a request initiating the expropriation procedure must include a detailed description of the public goal or purpose for which the expropriation is sought.

It should be noted that the government in Pristina clearly indicated the purpose for which expropriation was carried out in its other decisions, suggesting that there is discrimination against the Serbian people, whose members are the owners of the expropriated properties. In these cases, there are few legal arguments justifying such actions, and it is difficult to find elements of expropriation as known in civilized states and nations. Therefore, these decisions are illegal. In the mentioned cases in the villages of Gornji Jasenovik, Dren, and Lesak, it can be argued that the concept of de facto expropriation makes sense only in cases where the owner agrees to the deprivation of property and requests compensation.

In these specific cases, the owners are demanding the return of the properties to their previous state, and the preference should be given to the individual's right to the protection of private property. There are a number of shortcomings in the law itself, particularly in the implementation of the decision. A typical example of an unlawful decision is expropriation or usurpation in the municipalities of Zubin Potok and Leposavic. Namely, preparatory works were initiated before the decision was made. The decision was adopted, but the goal was not defined because there is no documentation prescribed by law. The government could not start any works without informing the property owners on whose properties the works were supposed to commence at least 20 days before the start of the works.

The Law on Expropriation provides for retroactive application to previously initiated expropriation proceedings, although the general rule is that the law applies prospectively. It is interesting to note that the amendment to the Law on Expropriation is taking place at a time when the expropriation procedure has already begun in northern Kosovo."

 

This publication was created as part of the project "Improving the capacity of the Agency for Free Legal Aid in northern Kosovo”, conducted by NGO ACDC. The project is part of the JUST REACT program, which is implemented by the Community Development Fund (CDF) and the Group for Legal and Political Studies (GLPS), and funded by the European Commission.
This was produced with the financial support of the European Union. Its contents are the sole responsibility of the author and do not necessarily reflect the views of the European Union”.

 

The author of the text is Ljiljana Petronijević, a law graduate from Zubin Potok. She completed her law studies at the Faculty of Law in Pristina-Kosovska Mitrovica. Currently, she is preparing her Master's thesis on the topic: "De facto expropriation as a form of encroachment on the right to peaceful enjoyment of property."

She has participated in various projects focusing on the rule of law. She completed her internship at the basic court in Mitrovica and participated in projects related to property rights in Kosovo, where she gained practical experience in the Department of Urbanism and Cadastre in the municipality of Zubin Potok. She holds numerous certificates, including successful completion of the course on Property Law and the European Convention on Human Rights.

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