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Expropriation for expropriation – the state illegally deprives and destroys the property of its citizens.

August 31, 2010
Maka Malaymadze, Adjara

78 year old Luba Korubkina spends nights at the ruins of her house. On August 9th, in Adlia, after her house was destroyed, she still doesn’t leave the territory and invites the head of Adjara government. Family lawyer, Irakli Shavadze states that Batumi City Hall misuses its authority. “No factual or legal basis exists for granting the right of expropriation to the City Hall,” – states lawyer and requests the punishment of guilty officials.

Two story house with 2 500 square meter land, till the February of 2010, was in ownership of Ekaterine Kolubkina-Ninidze. The family learned about the changes made in the public registry only after the Batumi City Hall started negotiating with the residents of Adlia inshore zone on the matter of expropriation. Despite the fact that the family could not reach agreement with the City Hall, the property was still registered under the name of Batumi City Hall.

Ninidze family is one of those who refused to take the compensation offered by the state – 67 lari for 1 square meter. The husband of Ekaterine Ninidze, Kano Ninidze states that Batumi mayor Robert Chkhaidze started individual negotiation with him and they reached certain agreement, but it was violated by the mayor himself: “I was promised to be provided with the land in Adlia again, not the same size though. We were still satisfied with this offer. Then the City Hall changed its promises and denied the agreement. They came with bulldozer, destroyed the house and other buildings and took away our property in barbarian way.”

According to Kano Ninidze, soon the European Court of Human Rights will be added one more complaint against Georgia.

The Legal Violation in the Case

The family lawyer, Irakli Shavadze states that Batumi City Hall has been misusing its authority: “According to the Court decision, Batumi City Hall was only granted the right of expropriation on the property of my authorizer. He was not deprived of the right of ownership and his property was never transferred to Batumi City Hall ownership. Despite this, Batumi City Hall, by misusing its authority with the help of public registry officials registered non-existing right – the property of Ekaterine Ninidze got registered as a property of Batumi City Hall without the registration basis.

The Public Registry registrar exceeded its authority that damaged my authorizer.”

According to lawyer Shavadze, Batumi City Hall violated the law on Expropriation of Private Properties for Urgent Public Necessities. Specifically this law imperatively stipulates that the person with the right of expropriation is obligated to conduct negotiation with the owner. If the parties don’t make an agreement, the compensation money shall be determined by court rule. In this case, not only the compelling of owner took place, but the crime as well. This was reflected in the fact that the property of my authorizer was illegally registered in the Public Registry, Ekaterine Ninidze was forcefully evicted from his home and his house got destroyed on the same day and this happened when no agreement was made on the compensation and no court decision existed of the expropriation of my authorizer’s ownership.”

Batumi City Hall was granted the right of expropriation for building the highway. The highway is in the phase of being completed. It has not crossed Ninidze’s land. His house was situated 30 meters afar from already constructed highway. “This means that no factual or legal basis existed for granting right of expropriation on the ownership of my authorizer,” – states lawyer.
According to lawyer Shavadze, they addressed in written form the following institutions: Batumi Mayor, Public Defender, Batumi City Court: “The Court, instead of carrying out the quick and efficient justice and legal control, left our requests on City Hall’s illegal acts without consideration.”

Life in Hammock

78 years old Luba Korubkina continues living in the garden, in the hammock arranged between tangerine trees. Thereby, the medication and vessels are laid on the small table, next to which the fire is burning and water boiling in the copper.
“I spent my years here. I was born and raised here. Is this a government?! This is the rough violation of ownership right. I’m not going to go anywhere – this is my home. President Saakashvili and Levan Varshalomidze shall come here themselves and explain me why they treated me this way,” – says the elder with tears in her eyes.

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