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Georgia (2018)

In Georgia, the legislative acts given below regulate the issues of obtaining State ownership rights to privately owned land parcels based on the necessary public needs caused due to road construction activities:

  • The Constitution of Georgia, August 24, 1995

  • The Civil Code of Georgia, June 26, 1997

  • The Law of Georgia on Protection of Cultural Heritage, 2007

  • The Law of Georgia on Notary Actions, December 4 2009

  • The Law of Georgia on Privatization of State-owned Agricultural Land, July 8 2005

  • The Law of Georgia on Ownership Rights to Agricultural Land, March 22 1996

  • The Law of Georgia on Recognition of the Property Ownership Rights Regarding the Land Plots Owned (Used) by Physical Persons or Legal entities 2007

  • the Law of Georgia on Public Register (No 820-IIs; December 19 2008)

  • The Law of Georgia on the Rules for Expropriation of Ownership for Necessary Public Need, July 23 1999

  • The Civil Procedural Code of Georgia, November 14, 1997

  • City planning standards CHNP 2.07.01-89.II-12-77


The existing laws provide that compensation for lost assets, including land, structures, trees and standing crops, should be based on the current market price without depreciation. Overall the above laws/regulations provide that the principle of replacement cost compensating at market value is reasonable and legally acceptable. The laws also identify the types of damages eligible to compensation and indicate that compensation is to be given both for loss of physical assets and for the loss of incomes. Finally, these laws place strong emphasis on consultation and notification to ensure that APs participate in the process. Income loss due to loss of harvest and business closure will be compensated to cover net loss. The above- listed laws and regulations give the possibility of applying the following mechanisms for legal application of the property rights:

  1. Obtaining the right of way without expropriation through the payment of due compensation (on the basis of a contract of agreement or a court decision) prior to commencement of the activities

  2. Expropriation which gives the possibility of obtaining permanent right to land and/or other real estate property on the basis of Eminent Domain Law or a court decision through the payment of due compensation 


Land will be acquired first on the basis of negotiated settlement with individual affected entities. Should the contract negotiation not yield and agreement, the expropriation process under the eminent domain will start. Under the existing Law in Georgia, the president will issue an order for expropriation based on the request from relevant state agencies. Relevant regional court will assess the presidential order and determine the case of public needs and grant the expropriation entity rights to obtain land. The court will also appoint a third party to assess the market value of lost assets and determine the compensation payable to relevant land owners according to the value of assets. 

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