The legislation on the requisition of immovable property for public benefit purposes is being modernized, so that the ways of compensation of affected citizens are clearly defined, while the scope for archaeological purposes is expanded.
A bill by the Department of Lands and Surveys of the Ministry of the Interior provides for a new procedure for the payment of compensation in case of refusal to collect or death, while it is clarified that the compensation will be subject to 3% interest without taxes and fees, as for expropriations. The compensation will be submitted electronically to the beneficiary or to the Accountant General for the purpose of receiving it from the beneficiary.
As stated in the introductory report of the bill which was recently put to public consultation, its purpose is to amend the basic Law on the Requisition of Property for Public Utility Purposes, in order to modernize specific provisions of it, and to improve its functionality. Specifically, the bill introduces, among other things, an interpretation of the term "payment of compensation", in order to clearly reflect the methods of payment of compensation to the beneficiaries, including the deposit of the compensation to the beneficiaries or to the Accountant General of the Republic.
Also, with the proposed amendments, the definition of individual terms and provisions, including the definition of immovable property and the purposes related to archaeological activities, is modernized and reformulated, without substantially changing their content.
At the same time, it is intended to regulate issues related to the payment of compensation in cases of refusal to collect, absence, incapacity or death of the beneficiary, with provision for the deposit of the compensation to the Accountant General of the Republic for the benefit of the person concerned. A deadline of 12 months is also set for bringing an action before the Court for the determination of compensation, with provision for the possibility of extending this deadline under certain conditions, in order to ensure the principle of legal certainty.
Another change that is being attempted is to differentiate the percentage of interest payable on the compensation, at the same level as that applicable in the procedure of compulsory expropriation, i.e. 3%, ensuring coherence and equal treatment of similar institutions.
It is clarified that the compensation payable is not subject to taxes, fees or other charges and at the same time the regulation is introduced in cases of filing with the Accountant General, taxes, fees or duties due to be deducted upon payment to the beneficiaries. Arrangements are also introduced to modernise notification and service procedures through the possibility of using electronic means.
Finally, transitional provisions are introduced to deal with pending requisition cases, for which compensation has been offered before the entry into force of this Law and has not been paid due to non-response of the beneficiaries or for other reasons, providing the possibility of settling them by depositing the relevant amounts of compensation with the Accountant General of the Republic.
According to the bill, "payment of compensation" means, in relation to an agreed or determined compensation, its payment or deposit in the personal account of the owner and/or interested person, as the persons entitled to compensation, or its deposit in a special account maintained for this purpose by the Accountant General of the Republic in the name of the beneficiaries for compensation, as specified in this Law.
Provisions for archaeological purposes are being expanded
Land requisition will be allowed for the "conduct of archaeological excavations and/or the preservation and/or protection of stratigraphy and/or the preservation and/or protection and/or preservation and/or utilization of ancient monuments and/or antiquities and/or the development of the sites surrounding them."
It is provided that in the event that any of the interested parties refuses to receive the compensation payable to him/her or if it is not possible to pay the compensation due to his/her disability or absence from the Republic, or in the event that the interested party has died, the requisitioning Authority may pay the compensation to the Accountant General of the Republic for the benefit of the beneficiary thereof:
It is provided that, in cases where it is not possible to offer the compensation calculated to the interested parties, for reasons other than those mentioned in this paragraph, the amount of this compensation is deposited with the Accountant General of the Republic, preserving the right of the interested party to apply to the Court for the determination of the amount of compensation, within 12 months from the date of deposit for the benefit of the person concerned, of the amount paid and upon the expiry of this deadline without recourse to the court, it is presumed that an agreement is reached on the basis of the provisions of Article 10.
It is further provided that, in the event that an interested party becomes aware of the submission of the compensation offer to the Accountant General after the expiration of the above period of 12 months, he/she may, within three months from the date on which he/she becomes aware of this filing, apply to the competent court, for an extension of the referral time for the determination of the compensation to be paid. The Court, if it deems it fair and reasonable, may extend the time up to six months from the date of registration of the application for extension and such an application for extension shall be served on the requesting Authority.
Requisition performance and electronics
For the purposes of notifying the requisition, the bill also provides for the service of the decision by electronic means. Specifically, where the legislation speaks of accommodation, the person's "address" is also included electronically. In other words, the announcement or notification of the requisition may also be carried out through electronic means and/or email addresses and posted on the website of the expropriating Authority or its representative.
In cases where the confirmation of the notification or announcement is made by electronic means, it is considered to have been served on an interested person, at the time when the sender is provided with an electronic indication of its receipt and reading and is confirmed by the interested person as its recipient.
Finally, the bill provides for pending requisition cases, for which compensation has been offered before the entry into force of the new Law and has not been paid due to non-response of the beneficiaries or other reasons, can be settled by depositing the amount with the Accountant General. The bill has been put to public consultation until September 25 and then, depending on the comments and observations, it will be taken to the Council of Ministers for approval and then to the Parliament for discussion and voting.
