The Basis of the Expropriation Right and the Court's Decision
Deprivation of property for reasons of essential public need is permissible, in conformity with the Constitution of Georgia, only through expropriation. The granting of the right of expropriation rests on the Minister's order and a court decision: the Minister's order determines the inevitability of the expropriation and the subject to whom the right may be granted, while the decision on expropriation is taken by the court — it establishes the state organ, municipality or public- or private-law legal person to whom the right is granted.
The court's decision must also contain a detailed description of the expropriated property and an appropriate indication of securing the owner's preliminary, full and fair compensation. The matter is heard by the district (city) court, to which the interested person applies with a statement; the statement is accompanied by a detailed description of the project, the relevant order of the Minister, a detailed description of the property and a document confirming the publication of information. The decision is executed under the procedure for immediately enforceable decisions.