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Government of Adjara Autonomous Republic Misappropriation of Adamashvilis’ House

September 10, 2008

Maka Malakmadze, Batumi

Aleksandre Adamashvili, a resident of Kobuleti, has been requesting the authority to register his house and plot since 2005. His property was not registered on him under the project “Your Property is Yours.” In 2007 wooden house and plot of the Adamashvilis suddenly turned out to be the property of the ministry of finance and economy of Adjara Autonomous Republic.

Three years ago, Aleksandre Adamashvili, a resident of Abashidze str. # 94 on the seaside-zone of the village of Tsikhisdziri, applied to the service center of the Public Registry. Then, he was refused to get registered because of not having complete documentation. Thus, Adamashvilis appealed to Kobuleti district court. However, the court discussed their case only in August of 2008. Judge Zurab Surmanidze did not satisfy the suit of Adamashvilis in the verdict.

“We requested the court to confirm the ownership of the Adamashvilis over their plot and house on it. They have lived on that territory since 1955; they even hold an old registration book. We do not have the materials based on which the Adjara Ministry of Economy registered the estate of Adamashvili’s as its own property. Of course, the ministry made a mistake. In addition, they made a mistake about the land where there is also a house located,” said Tengiz Kontselidze, lawyer of the family.

According to the archive materials of the village board of Tsikhisdziri, “In the registration book recorded in 1961-63 Aleksandre Adamashvili is the head of the family; the family owns a residential house that was constructed in 1955.” However, the Adamashvilis do not hold any legal documents about their property.

As for the wooden house (72 sq. meters) that is the property of Adamashvilis according to the registration book, it still belongs to the Ministry of Finances and Economics.

In March 2008 the Adamashvilis, hoping the state project “Your Property Is Your”, applied to the commission for property registration again. However, there they learned that “constructions with total space of 212, 2 sq. meters in Abashidze Street is registered at the Public Registry but it is the property of the state.”

On August 21, 2007 Ministry of Finances and Economy of Adjara Autonomous Republic applied to the Kobuleti Public Registry and requested to register the building of former factory and the enclosed land as state property. The house of Adamashvilis is next to the building of that former factory. Currently their house and plot belong to the ministry.

 The Adamashvilis used to cultivate about 4 000 sq. meters of land. A part of the land was occupied by an orchard. “We have been living here for half a century. No one has told us that this house and plot belonged to the government. We found out about it only when we decided to register the property on our name. They said (state body representatives) that we received this plot only for temporary use from a state cooperative. However, this cooperative does not function for 40 years now. Why is this information not registered in any official documents?” wonders Shorena Kakhidze, Adamashvili’s wife.

“According to the Presidential decree dating September 15th, 2007 a state plot which is not proper for agricultural usage shall not be registered as a private property.  The fact that the Ministry of Economical Development went ahead of registered the above-mentioned plot as its own property and this contradicts the Presidential own decree. However, it is proven that the house on this plot is the Adamashvilis’ property and they (the government) must acknowledge this fact,” states Adamashvilis’ attorney.

Henri Sanikidze, head of Property Management and Privatization Department of the Ministry of Economical Development within Adjara Autonomous Republic stated that “the Adamashvilis’ land will not be acknowledged by the state as their private property as it is attached to the state building.” Sanikidze states that the lawyers are now working about finding alternative property for the Adamashvili family. “If the plot is proven to be theirs we will help them,” stated Sanikidze.

The Adamashvilis hope that Levan Varshalomidze, the head of Adjara Autonomous Republic might come to their assistance. They even sent him a letter several months ago; however, they have not received an answer from him as yet.

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