Kosovo Property Agency NO. 5 September 2007 Deadline for submisson of claims: 3 December 2007 3 December 2007 is the last day that you may submit a claim to the Kosovo Proper- ty Agency (KPA). The KPA has, subject to appeal to the Supreme Court of Kosovo, exclusive jurisdiction to resolve claims for private immovable properties(including commercial properties and agricultural land) arising from the armed conflict in 1998-1999. Thus far some 27,052 claims have been submit- ted to the KPA, and we expect this number to increase in the upcoming months. Please con- tact any of our offices in Kosovo, Serbia proper, Montenegro or fYROM if you want to submit a claim. You will find a complete list of our offices on the last page of this gazette. All claims will be processed in a professional and impartial manner by the staff of KPA, and the independent Kosovo Property Claims Commis- sion (KPCC) will decide your claim. The KPCC is composed of two international commissioners and one local commissioners, all being experts in the field of property law. The decisions issued Claimed properties by Municipality: by the KPCC may be appealed to the Supreme Area Total % Court of Kosovo. Kosovo wide 27052 100 MITROVICA 2981 11 Leposavic 46 0.2 KPA continues to enforce KPA recieves grant from Mitrovica 406 1.5 HPCC-decisions Belgian government Srbica 1309 4.8 Vucitrn 1071 4 The government of Belgium has committed Zubin Potok 146 0.5 to a grant of 20,000 EUR to the Kosovo Prop- The KPA has resumed with the implementa- erty Agency (KPA). The grant is dedicated to Zvecan 3 0 tion and enforcement of the remaining 350 the publication of the KPA Gazette. GJILAN 5775 21.3 decisions issued by the Housing and Property Gnjilane 879 3.2 Claims Commission (HPCC). The temporar- “We are very grateful for this support from Kamenica 738 2.7 ily suspension of these decisions was lifted by the Belgium government. The publication of Kacanik 199 0.7 the Principal Deputy Special Representative claims submitted to the KPA is a crucial part Novo Brdo 366 1.4 of the Secretary General in Kosovo (PSRSG), of the processing of claims, and this grant en- 2312 8.5 Mr. Steven Schook on 8 August. ables the agency to publish all claims through Uroševac the KPA Gazette, says Mr. Knut Rosandhaug, Štrpce 70 0.3 Executive Director of KPA in a statement. Vitina 1211 4.5 PEû 9342 34.5 Ĉakovica 504 1.9 Decane 451 1.7 Klina 2446 9 Istok 3793 14 Peü 2148 7.9 PRIŠTINA 4911 18.2 Kosovo Property Agency Glogovac 46 0.2 Kosovo Polje 252 0.9 The KPA was established on 4 March 2006 by UNMIK Regula- Lipljan 1139 4.2 tion2006/10 which was later superseeded by UNMIK Regulation Obilic 264 1 2006/50. The KPA has, subject to appeal to the supreme Podujevo 1684 6.2 Priština 1346 5 court of Kosovo, exclusive jurisdiction resolve claims for private Štimlje 180 0.7 imovable property arising from the 1998-1999 armed PRIZREN 4043 14.9 conflict. Dragaš 5 0 Mališevo 40 0.1 Orahovac 445 1.6 038 249 918 Prizren 2334 8.6 Suva Reka 1219 4.5 2 NO. 5 September 2007 ADMINISTRATIVE DIRECTION NO. 2007/5 IMPLEMENTING UNMIK REGULATION NO. 2006/50 ON THE RESOLUTION OF CLAIMS RELATING TO PRIVATE IMMOVABLE PROPERTY, INCLUDING AGRICULTURAL AND COMMERCIAL PROPERTY The Special Representative of the “Commission” means the Property “Respondent” means any person who dence, the facts and the proceedings. Court may require that such power of Secretary-General, Claims Commission of the Kosovo upon receiving notice of a claim hav- attorney be certified. Property Agency established under ing been filed with the Executive Sec- 3.3 Where a conflict or discrep- Pursuant to the authority given to him section 4 of UNMIK Regulation No. retariat responds to that claim pursuant ancy arises in relation to a word, phrase 5.4 As regards appeals before the Su- under sections 6.3 and 21 of United 2006/50, and read in connection with to section 10 of UNMIK Regulation No. or interpretation between the English preme Court of Kosovo at the discretion Nations Interim Administration Mission section 7 of that Regulation. 2006/50. version of a document or decision and of the Presiding Judge, a party may also in Kosovo (UNMIK) Regulation No. “Structure” means any artificial con- the Albanian or Serbian version, the be represented by a member of a foreign 2006/50 of 16 October 2006 on the “Discrimination” means any differentia- struction, affixed to the land or an exist- word, phrase or interpretation in the bar who has the necessary competence Resolution of Claims relating to Private tion made on grounds such as language, ing structure, of a permanent nature and English language version shall prevail and experience. Immovable Property, including Agricul- religion, political or other opinion, na- of such a size that it cannot be removed and be applied. tural and Commercial Property, tional or ethnic origin, or association at nominal cost and with negligible dam- Section 6 with a national community, which has age to the land or the existing structure. Section 4 Service of Documents and For the purpose of achieving an the purpose or effect of nullifying or Duress 6.1 The address for service of a efficient and effective resolution of impairing the recognition, enjoyment or “Supervisory Board” means the Board 4.1 Any contract purporting to party shall be the party’s home address claims relating to private immovable exercise, on an equal footing, of a prop- of the Kosovo Property Agency estab- dispose of a property right to private im- or if the party is represented by a law- property, including agricultural and erty right. lished under section 4 of UNMIK Regu- movable property concluded under du- yer then the address for service shall commercial property, and facilitating lation No. 2006/50, and read in connec- ress may be declared void by the Com- be the business address of the lawyer. implementation of UNMIK Regulation “Executive Secretariat” means the Ex- tion with section 5 of the Regulation. mission, together with any subsequent The claimant shall state the address for No. 2006/50, ecutive Secretariat of the Kosovo Prop- sale(s) of the property. service in the claim and the respondent erty Agency established under section “UNMIK Regulation No. 2006/50” shall state the address for service in the hereby issues the following Administra- 4 of UNMIK Regulation No. 2006/50, means UNMIK Regulation No. 2006/50 4.2 Duress is present where the defense. tive Direction: and read in connection with section 6 of of 16 October 2006 on the Resolution of seller at the time of the conclusion of that Regulation. Claims Relating to Private Immovable the contract either: 6.2 A party may agree that serv- Section 1 “Fair market value” means the market Property, including Agricultural and ice be effected by using telefax or other Definitions value of the property at the date of the Commercial Property. (a) Has been or is being subject- electronic means of communication for For the purposes of this Administrative transfer of the property right ed to violence, intimidation or threats of transmission to its lawyer. In such case, Direction, unless the context otherwise . “Voluntary Transfer” means any trans- physical harm; or the party shall submit to the Supreme requires: “Illegal construction” means any con- fer of property rights not effected under Court all information necessary to effect struction of a structure, or addition to an duress. (b) On account of words or con- service using telefax or other electronic “Abandoned property” means any prop- existing structure on private immovable duct directed to him or her personally by means of communication. erty, which the owner or lawful posses- property which is not compliant with CHAPTER I any person, reasonably fears imminent sor and the members of his or her family the applicable law or has been carried General Provisions violence or physical harm to his/her per- 6.3 Where UNMIK Regulation household have permanently or tempo- out without the owner’s express written Section 2 son, or to the members of his/her fam- No. 2006/50 requires that a document be rarily, other than for an occasional ab- consent. General Principles ily. served on a party by the Supreme Court, sence ceased to use and which is either 2.1 Any person who had an ownership the Supreme Court shall transmit the vacant or illegally occupied. “Member of the Family Household” right, lawful possession of or any law- 4.3 Duress is presumed, until the document to the Executive Secretariat of means the spouse, children (born in and ful right of use of or to private immov- validity of the contract is proven, where the Kosovo Property Agency. The Exec- “Agricultural property” means any pri- out of wedlock or adopted) and other able property, including agricultural and the market value of the property at the utive Secretariat shall ensure that serv- vately-owned agricultural land, pasture persons whom the property right holder commercial property, who at the time of time of the sale bears no reasonable rela- ice is effected at the address for service or woods. is obliged to support in accordance with filing a claim is not able to exercise his/ tion to the actual purchase price paid. of that party either by the dispatch of a the applicable law, or the persons who her property right due to circumstances copy of the document by registered mail “Builder” means any person who con- are obliged to support the property right directly related to or resulting from the 4.4 A decision in terms of section with a form for acknowledgement of re- structs a structure or causes a structure holder in accordance with the applicable armed conflict that occurred between 2.1 declaring a contract void shall lapse ceipt or by personal service of the copy to be built.