Actual (de facto) expropriation on the area of the city of Novi Sad

• Main Author: Brkić Mladen N.
• Format: Article
• Language: English
• Published: University of Novi Sad, Faculty of Law 2018-01-01
• Series: Zbornik Radova: Pravni Fakultet u Novom Sadu
• Subjects: expropriation; actual expropriation; actual expropriation in the Futog area; actual expropriation in the Veternik area
• Online Access: https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2018/0550-21791803393B.pdf

In addition to the public interest established by the Government of the Republic of Serbia, the authorized user of immovable property may initiate a procedure for the forcible deprivation of immovable property while providing compensation corresponding to the market value of the confiscated real estate. Although the Expropriation Law precisely stipulates the conditions and procedure for the implementation of expropriation, the question arises as to whether it is possible to act differently, that is, whether expropriation is considered only a procedure that meets all the statutory requirements (existence of public interest, proposals of an authorized user, expropriation decision and compensation for expropriated immovable property) or it may be possible to expropriate, but only by its very nature. Sometimes state bodies or public enterprises undertake certain actions that have the same effect as expropriation, which courts call actual expropriation, although this concept does not exist in the regulations of the legal system of the Republic of Serbia.