Republic Of Estonia Act On Establishment Of Simplified Procedure For Proving Unlawfulness Of Expropriation Of Property

Published: 2002-06-01

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

Passed 05.12.1991

In conformity with subsection 17 (7) of the Republic of Estonia Principles of Ownership Reform Act, to establish the following simplified procedure for proving the unlawfulness of expropriation of property:
§ 1. 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 shall be deemed to be abandoned due to a real danger of repression.
§ 2. If a person has abandoned his or her property in a manner specified in subsection (1) or if the decision on expropriation or declaration of abandonment of property has been revoked by a competent state or local government body of the Republic of Estonia, the unlawfulness of expropriation of property need not be proved in court.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.
§ 3. This Act enters into force on the date of passing thereof.