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K. Hiltgartner:
"De-nationalization of Urban Construction Land in the Republic of Serbia: How to achieve Privatisation by means of Restitution and Conversion";
Vortrag: AESOP 2007 Conference, Neapel; 11.07.2007 - 14.07.2007; in: "XXI AESOP Conference, Napoli, Planning for the Risk Society", Giannini Editore, University of Napoli, 1, Napoli (2007) (2007), ISBN: 88-7431-369-1; S. i.

This paper summarizes part of the project: "legal aspects of land reform in the Republic of Serbia" , presenting the model developed for de-nationalization of Urban Construction land in the Republic of Serbia. As ownership of land was transferred from private to state or social ownership during the time of socialism, the intended purpose of the project, namely to introduce a modern legal framework revolving around private ownership of urban land, was inextricably linked to a broader process of "de-nationalization" based on the sentiment that the majority of urban construction land had been seized without due compensation paid to those, who had lost ownership titles throughout the nationalization process. The challenge was to identify models for "de-nationalization" which are premised on the assumption that the transfer of state owned property to private ownership should be effectuated with due regard to the principles of (historic) justice and equal treatment: Firstly, to provide for a model concerning the transfer of urban land into private ownership, which would take into consideration the legitimate interests of former owners of nationalized land to restitution, as well as protect the bona-fide current users of the land, while secondly re-establish the principle of superficies solo cedit. Finally, the model also needed to provide for a human-rights compliant de-nationalization model, taking into account special needs of Serbia´s various minority groups.

Restitution, De-Nationalization, Privatisation, Serbia