Other Criteria should be applied when determining the Amount of Property Compensation


The Human Rights Defender of the Republic of Armenia Karen Andreasyan made a legislative change proposal to the Prime Minister of the Republic of Armenia and RA National Assembly fractions.

The complaints of the owners of the property on the zones being expropriated for public and state needs often relate to compensation issues and absence of government's proper control over developers. The law provides that the holder is paid an adequate compensation for the expropriation of property which is more than fifteen percent of the expropriated property market value. 

"In this case the fact, that the expropriation is made against the will of the holder, is not taken into consideration, therefore, in determining the compensation amount of the expropriated property, other criteria are necessary to apply in parallel with market value, for instance- possibility to provide for the holder similar conditions elsewhere. 

A disturbing fact is that the state is limited only in recognition of exceptional public interest over territory and the obligations towards the owners of the expropriated property are completely left for organizations which have acquired the expropriated property, and the government is not responsible for their activities and does not have any control over further process", states the defender.

The Human Rights Defender has given his settlement options or the abovementioned issues and has suggested to come up with the initiative of legislative changes. The full text of the Defender's reports is available on the Defender's official website.