PAINFUL OR PAINLESS SOLUTION TO THE LAND REGISTRATION PROBLEM

Parliament debates on agricultural land registration bill. The issue was raised by the members of the government who launched this legislative initiative. According to the proposed bill, if a person has no document to prove lawful ownership of the land, this land becomes a state property. However, because of shortcomings, it was decided that the Government will handle the bill.

Economist Ketevan Krialashvili does not see any news in the initiative and in conversation with Observer she points out the need of a large part of the lands to be transferred in private ownership. However, for this to be realized, there must be a legal basis, which does not appear in the project.

“Drafts submitted to the deficiencies led to the public dissatisfaction. The procedure can be carried out by owners lands formation. In this form lands cannot become a private property. Therefore, we have developed an alternative model, which is scheduled to be submitted at the government level,” said Krialashvili.

It should also be noted that certain lands have been already used by farmers, although they did not have a title deed. Therefore they can not be regarded as private property. “We have developed a plan, and I think it is ideal for the quick resolution of this problem. Free State Property accomplishment pilot and in parallel each village has the right to declare a closed auction. At the closed auctions, farmers will manage to purchase their lands that they had in possession without ownership. They will not pay money for it, but rather to use the government-granted “invest”,- said Krialashvili.

This kind of “invests” is free of charge for the citizens. Pilot project lasts for 18 months, in order to register the land without problems and to guarantee its smooth transition to private ownership. During this period, once in a month, every citizen receives 1000 “invest” as a gift. The village will have closed auctions in parallel to open auctions. Open auctions will be held each month, where 1800 open land will be transferred to private ownership together with 540 buildings, 16 of deposit shares (each a certain percentage per month) and 34 State Company shares.

On the question why there is a need for a closed auction of land appropriation, Ms. Krialashvili responds: “The reason for this is that these people have been working on these lands for a long time. At the closed auctions they will compete with other villagers not against the citizens of the whole country. As we believe that it is fair”.

At the same time, the issue is being discussed within the opposition parties. Fractions agree that it is a difficult issue and needs timely response. UNM officials said they will soon file an alternative bill. “The draft law presented by the government raised the threat that farmers lose land. In Kakheti region such cases are many. The peasants that have been already in unbearable situation, remain without income at all”,- the party says.

As for the political centre Girchi’s initiative, it has been reviewed on February 26 at the Human Rights and Civil Integration Committee meeting, but this too was rejected by MPs.

Zurab Japaridze presented general principles of the bill to his colleagues and claimed that if the state wants quick and relatively painless solution to agricultural land legalization and property rights’ problems, we have to take decisive steps to create the appropriate legislative framework. If the owner confirms ownership of the land, then the state will not have any ownership registered on its account.

It should be noted that the proposed bill on the basis of the ownership title to the land will not be registered if the document, which will be in favour of the registration of property rights and rule etc. MP explained registration procedures in detail and all the issues that may be encountered in the process of land registration.

“The process is completely public, and if anyone, including the state will have a claim and the land is not registered, the case will move to the court”,- said Japaridze.

As Chairman of the Committee, Eka Beselia said, the issue is really very difficult, complex and sensitive, and it really needs legal regulation. She mentioned that government bill becomes refined with new approaches to the solution of the issue.

The bill is presented to this committee, mainly to discuss in regard the human rights to the extent where owner’s legal rights are protected, how reasonable are the deadlines for settlement of a dispute between the parties, etc. At the session, the Committee presents proposals and comments on the report, which will be submitted to the leading committee.

Source  Observer. Georgia