How is the right to expropriate granted?

The right to expropriate is granted on the basis of a ministerial order and by a decision of the court; the decision on expropriation is made by the court.

Where is information about the expropriation published?

The information is published in the central and the corresponding local press and contains a brief description of the project and its scope, the territory and the property to be expropriated.

Who may carry out an independent valuation?

The valuation is carried out by the expropriator, at its own expense, with the assistance of an independent expert; the owner also has the right to use the assistance of another independent expert at his own expense.

Which court examines the expropriation issue?

The question of granting the right to expropriate is examined by the district, that is, the city court, and its decision is immediately enforceable.

Eminent Domain in Tbilisi, Georgia

The Legal Basis of Expropriation

Expropriation of property for state need is the only exception through which the state may take property away from its owner. In accordance with the Constitution of Georgia, the deprivation of property for a necessary public need is permissible only by way of expropriation. The right is granted through a ministerial order and a decision of the court. The order determines the inevitability of the expropriation and the subject to whom the right may be granted; the final decision belongs to the court, which establishes the state body, municipality, or public-law or private-law legal entity receiving the right. The decision must also contain a detailed description of the property and an instruction on securing the owner's preliminary, full and fair compensation — a guarantee against opaque takings and uncompensated owners.

Public Information and Notice to Owners

The law devotes particular attention to informing owners. After the publication of the ministerial order, every owner whose property is subject to expropriation must be supplied with information by the person interested in obtaining the right; it is published in the central and the corresponding local press and must briefly describe the project, the scope of its implementation, the territory and, presumably, the property to be expropriated. Every owner must also be notified of the date of the filing of the application with the court and of its examination. This dual notification gives the owner time to prepare and defend his interests.

Court Proceedings on the Grant of Expropriation Rights

The question of granting the right is examined by the district, that is, the city court. The interested person applies with an application indicating the name of the court, the applicant's name and legal address, the representative's details if any, the demand, the circumstances on which it is founded, the evidence confirming them, and the list of attached documents. The application must be accompanied by a detailed description of the project, the ministerial order, a detailed description of the property, and a document confirming the publication of the information required by law. The court examines the application within the time limits and by the procedure of the Civil Procedure Code of Georgia, and its decision is enforced as immediately enforceable — time is decisive, and the owner's preparatory actions must be organised from the very beginning.