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Republic of Estonia Act on Establishment of Simplified Procedure for Proving Unlawfulness of Expropriation of Property (1991)

Country/Territory
Estonia
Document type
Legislation
Date
1991 (2002)
Source
FAO, FAOLEX
Original source
RT 1991, 43, 518
Subject
Land & soil
Keyword
Expropriation Human rights Property rights Ownership Procedural matters Court/tribunal Abandoned land/unoccupied land Access-to-justice Legal proceedings/administrative proceedings Land tenure Private land Local government
Geographical area
Europe, Europe and Central Asia, European Union Countries, Northern Europe
Abstract

The Act regulates simplified procedure for proving unlawfulness of expropriation of property in Estonia. If a natural person having been the owner of property was forced to abandon his or her property during the period between 16 June 1940 and 1 January 1954 due to escaping from his or her place of residence or the location of property or in connection with refusing to return to Estonia while staying abroad, the property must be deemed to be abandoned due to a real danger of repression. If a person has abandoned his or her property in a manner specified in subsection (1) of the Act or if the decision on expropriation or declaration of abandonment of property has been revoked by a competent state or local government body of the Republic of Estonia, the unlawfulness of expropriation of property need not be proved in court. If the property has been expropriated on the basis of a court decision made in a civil matter, the revocation of the court decision by way of review must be applied from a higher court.

Full text
English/Estonian
Website
www.riigiteataja.ee

References - Legislation

Implements

Republic of Estonia Principles of Ownership Reform Act (1991)

Legislation | Estonia | 1991 (2018)

Keyword: Expropriation, Ownership, Liability/compensation, Property rights, Transfer, Public land, Private land, Land reform, Land tenure, Human rights

Source: FAO, FAOLEX