Dear Mr. Kujundjic,
I refer to your letter of 29 May 2002 requesting a written waiver from the High Representative’s Decision of 27 April 2000 that bans the reallocation of state owned property, including former socially-owned property.
In particular, you request this office to allow the Municipality of Pale to allocate two plots of land, registered as cadastral units: number 688/3 (new survey 699/6), covering the area of 558 m2 and number 688/6 (new survey 699/11), covering the area of 572 m2 – cadastral municipality of Pale to Mr. Slobodan Djeric for the purpose of building business premises i.e. Polyclinic for Childbirth and Gynecology.
The land records that you enclose demonstrate that the above mentioned cadastral numbers refer to socially owned construction land with the right of use and of land disposal held by the Municipality of Pale. However the land books records status demonstrate that Ms. Milka and Mr. Dobro Savic hold the right of land use. Further, according to the enclosed documents, the legal heirs of the registered users state that the real user of the land in question is Mr. Petrovic Slavko. According to the Municipal Minutes of 11 February 2001, signed by him, Mr. Slavko Petrovic, as the real user of the land in question, agrees with the proposed land allocation.
Based on Articles 47 and 48 of the Law on Construction Land and on Article 11 of the Pale Municipal Statute, the land allocation in question was confirmed by the Municipal Assembly’s Decisions number: 01-475/29 of 28 February 2002. The land allocation in question was also approved by the Deputy Public Attorney, Mr. Danilo Cobic, who states in his Opinion number: M-34/02 of 17 May 2002 that the land allocation in question is in accordance with relevant laws and regulations. The beneficiaries request for and urban permit was approved on 14 December 2001.
According to the District Court S. Sarajevo letter no: Su-131/02 of 10 May 2002, signed by the Court’s Chairman, Mr. Sreto Crnak, there are no disputes before this court regarding the property in question.
According to the Municipal Council’s Decision of 28 February 2002, and based on the enclosed documents, the Investor is not obliged to pay the land allocation compensation as this issue was previously resolved with the former user of the land in question. In addition the Investor is obliged to pay the land facilities compensation (rent) in the amount of 20,160.00 KM.
In light of the information that you have provided, this office authorizes the Municipality of Pale to allocate the aforesaid land for the purpose described above.
To the extent that this waiver is granted on the basis of the validity of the documentation you have provided, this waiver shall itself cease to be valid if a court of competent jurisdiction, under a final and binding decision, brings into question the authenticity or accuracy of this documentation, and/or the information that it contains.