History of 38 Expropriated Families

Maka Malakmadze, Adjara

Properties of 38 families living in Adlia settlement were expropriated. The government intends to build additional road to Batumi Airport in this area. The population is not going to give in because Batumi City Hall promised only 67 GEL for one square meter of their land that is very small sum, as locals claim. Batumi City Hall states the offer is very profitable for them.

Discontent Residents of Adlia Settlement

Relation between the residents of Adlia and Batumi City Hall did not start on February 4. However, on this day head of Batumi City Hall administration Gela Makharadze requested the residents to the City Hall to hand in them the concussion of auditor. He gave only three days to the people to study the audit report and fixed next meeting on February 7, in three days.

However, before that, Batumi City Hall appealed to Batumi City Court and requested the right of expropriation of the lands and buildings of the residents of Sherip Khimshiashvili Street in Batumi to build the road to the airport.

On February 2, 2010 Judge Gocha Putkaradze at Batumi City Court passed verdict in favor of Batumi City Hall without hearing the case. Residents of Adlia settlement were not informed about the court hearing and none of them attended the trial where Batumi City Hall was granted with the right of expropriation of their property. They do not hope anything will change if they appeal against the verdict.

“Does it make any sense to appeal the verdict? Shall we find justice at the Appeal Court?! How can court pass verdict against the government nowadays,” said Iasha Vardmanidze, resident of Adlia.

Locals are discontent with the audit report because Batumi City Hall offers only 67 GEL to them for one sq. meter of land. Batumi City Hall is going to pay only 5 996 751 GEL for 39 cadastre plot owned by 38 families.

Meri Beridze, resident of Adlia: We are 7 members in our family; how can I leave everything and go somewhere with that small money? I have worked for years to collect all my property. Now, they are offering less than real price. They will not be able to evict me from here; I will pour petrol over me and will burn myself.”

Avtandil Paghava, resident of Adlia: “”They have made unreal offer. They laugh at people. It is oppression and insulting of population. There is 50 meters between my house and seashore. Do you think 67 GEL is real price for this territory?

I earn my living from this land. I do not have to buy nuts; I have vine-year, cow and go fishing. I have never applied to the City Hall for help. If the government needs my place, we will leave the area but they should pay real price and not make fun of us.

Is not our government ashamed? Are they going to add more IDPs to old ones? Similar situation is not in any of other states – state enters the house of a private person and requests him to leave the property because they want to build ice-rank here. Our honorable president said 6-7 months ago that one square meter of land from Choloki to Sarpi costs 450-500 USD but nobody is paying that price to us…”

Natela Kamadadze, resident of Adlia: “I cannot understand why I should accept 67 GEL for one square meter when total space of my land is 300 square meters and house is 65 square meters. In total they will pay 27 000 GEL. When I refused, Gela Makharadze told me I should not have complained because my house is pulling down and I should be grateful for the offer. If I am impoverished and my house is pulling down, why did not they include me in poverty reduction state program? My children are behind me and what shall we do with 27 000 GEL? I am earning my living from this land; I have a cow, garden and hope that I will not die of starvation here.”

For many years, the sea is swallowing the land of Adlia seashore. Because of that, several families had to leave their houses. One of them is Rostom Dolidze’s family. They currently shelter at their relatives. Khelvachauri district administration did not keep their promise to provide the family with alternative accommodation. Nowadays, within the expropriation program, the family is compensated according to their property. Because of the cut seashore, only one wall remained from Dolidze’s house; as for the land, it completely disappeared.

Adlia was a village in Khelvachauri district before 2009 and now it was attached to Batumi together with the villages of Kakhaberi, Angisi and Menjistskali. Despite that, on January 30, at the meeting of the municipality board, the price of one square meter in the area was estimated 64 GEL. Davit Robakidze, member of the municipality board from Labor Party, stated: “Adlia settlement or the territory alongside Boulevard was included in the zone of peripheries on purpose by Batumi City Hall. In addition to that, Adlia settlement has been attached to Batumi for more than one year already and the status of the land has not been clarified yet; it is still agricultural land. In the self-governing entity, like Batumi, there should not be an agricultural land though local officials did not change the old status of the land and estimated 64 GEL as a price of one square meter of the land.”

Interesting Details from Expertise Conclusion

Akhvlediani Audit Consulting Ltd carried out the evaluation of the estates and fruit-gardens of the 38 families in Adlia settlement and prepared conclusion. We tried to find out with Gela Makharadze how much the city hall paid for the audit report. However, Makharadze did not have this information; neither a person responsible for public information at the City Hall could provide us with the information within three days as it is requested by the law.

Tevrat Vardimanidze is one of those families whose property has already been expropriated. He owned 1 009 sq. meters of land and house with total space of 74, 99 sq. meters; he also had fruit garden. Batumi City Hall is going to pay 76 797 GEL to the Vadmanidze’s family for the property.

Four members of the company prepared the report. Zviad Akhvlediani - project manager, Ioseb Megrelishvili – technical expert; Archil Chokheli – technical expert; Davit Jelia – invited expert; analyze of land market.

The statement in the 1.0 about main data of the report is interesting: “The report demonstrates the professional opinion of the consultant in regard with the indexes of the property evaluated by him. It cannot be considered a guarantee that evaluated property shall be assigned from one to another owner for the estimated price.” However, Batumi City Hall used the estimated price as a final price for the property.

In the same report it is stated that consultant was not entitled and consequently did not measure the buildings. His assessments are approximate and cannot be exact for what the consultant is not responsible. However, the Batumi City Hall offers the sum which is mentioned in the audit report despite the approximate evaluation.

Part 3.4.3 of the zoning: “The fact that most part of the land is located in recreation zone makes negative influence on the evaluated land. Recreation zone means special restrictions for the usage of the land. Thus, the evaluated land is less attractive for investor.”

Consequently, based on the market analyze, audit estimated only 67 GEL as a price for one square meter of the land. During evaluation, they relied on the number of advertisements in printed media. “Only 5 transactions happened in Adlia within 6 months. Only one of them was vacant land. Consultant also discussed printed and online editions: newspaper “Sitkva da Sakme”, “Sitkva da Sakme on the Seaside”. Online editions: www.sakme.ge www.sapovnela.ge www.makler.ge etc. in them only two advertisements about land were published.”

The Position of Batumi City Hall

Human Rights Centre appealed to the Public Relation Center at the City Hall to find out the position of the Batumi City Hall. They sent us to Gela Makharadze, the head of the administration of Batumi City Hall about the issue of Adlia Settlement.

Gela Makharadze: You seem not know our offers. We give them living place of the same space in the residential building in Pushkin Street #35, whose construction has already finished. They will be compensated instead other buildings and plots they had. Declining our offers by them is very unprofitable.

- So do you think 67 GEL for one square meter is a good offer for people?

- City Hall and I know exactly how much the land costs on the territory of Khelachauri District. Except several cases, it is located in the central way to Sarpi.

- How many plots are planned to be expropriated by the City Hall?

- I have not counted the square meters.

- How much money is allocated for the compensation of the families and is the fund allocated to local budget or should they be transferred from president’s fund?

- They will measure the land and then estimate the total sum.

- Don’t you have exact information?

- I do not have. You should have warned me in advance what you were curious about. I will find out and call you back in several minutes. I do not care where the funds are allocated from. I can tell that we spend money Batumi budget.

- Why did you choose Akhvlediani Audit Consulting for the audit of the property?

- Because they are independent certificated experts. They are not less competent than others

- Did you collaborate with them before? How much did you pay for their service now?

- We did not collaborate with them before. I will inform you about the price of their service.

- It is mentioned in the conclusion that City Hall is not obliged to pay the amount of money, which is indicated in the report. Why did you rely only on that report?

- Why should I have offered 70 GEL to them? We could not offer, because we did not have justification for it. Despite that, we have conclusion, I agree that the offer is absolutely objective. You cannot show me any resale of the land in the territory attached to Batumi, which are more saleable.

- What is the purpose of the expropriated lands?

- It will be city road linking the city with Batumi airport.

- There is a way to the airport, is not it?

- The way is necessary. People, who make decisions in Batumi City Hall, feel how things should develop. We spend funds to turn Adlia settlement into a normal city settlement.

- Do you deny the information that you should continue confiscation of properties of other families too?

- The president granted us expropriation right on all cadastre units, but we demanded only those units in the court we need.

- What will happen with Esma Bezhanidze and Rostom Dolidze?

- Batumi City Hall will refuse Dolidze, because it is not interesting for the expropriation what he had or had not in technical bureau. Expropriation is not humanitarian mission.

-  Who shall compensate the family - Khelachauri municipality board? Why did not the government repair the coast successfully?

- Why do you consider that, Khelachauri Municipality is obliged to repair the coast? Of course, they repaired but these people do not leave their houses when their houses have their walls on the coast.

- Who worked on the project of the way?

- “Zimo” worked on it. The project is approved; I do not know details; nor do I know the cost of the project.

- If the people do not leave their territory, will you use the force?

- According to the law of expropriation, the owner is obliged to leave the confiscated property and argue about compensation. The government confiscates in accordance to the constitution. They can argue about the compensation and market price of the property. I should not need to use force. Their hopes are groundless that their property costs more.