Posted by Antonije Djuric on February 10, 2006, 8:30 am, in reply to "Re: Croatian Mythology" Did you take possession of a property once owned by Serbs? Not good. Bog i Hrvati? Strange bedfellows mate. Strange indeed. The 1995 "Law on the Temporary Take-Over and Administration of Certain Property" On August 31, 1995, the Croatian government issued a "Decree on the Temporary Take-Over and Administration of Certain Property."106 The decree -- published on September 4, 1995, and adopted into law by the Croatian parliament on September 27, 1995107 -- effectively placed most Serbian-owned property and possessions in Croatia under Croatian government control. This included land, buildings used for domiciles and businesses, cattle and other farm animals, and farming equipment. The law targets: a) all property "abandoned" by displaced persons from the Krajina and western Slavonia areas; b) property owned but "abandoned" by individuals who left Croatia since August 17, 1990 (the day the Serbian rebellion in Croatia began); c) property owned but "not used" by individuals residing in the Federal Republic of Yugoslavia (FRY) and Serbian-controlled areas of eastern Slavonia and Bosnia-Hercegovina, and d) property owned but "not used" by citizens of the FRY. Only Serbs who remained in Croatian government-controlled areas throughout the entire war and hold title to their property are not affected by the decree. Although the law states that the expropriation of the Serbs' property is "temporary," it does not specify the duration of the government's control over such property. The law allows for appeal of a decision to confiscate property before the Ministry of Justice, but the submission of an appeal does not prevent the expropriation. The law allows expropriated property to be allocated for use by refugees, displaced persons, disabled veterans, families of those killed or disappeared during the war, and persons who performed duties "necessary for the security, reconstruction and development of the formerly occupied territories," but it does not grant ownership of the property to the designated occupants. Only Croatian government agencies or entities retain "ownership" of such property. The law contains misleading language in that it claims to expropriate property belonging to persons who "abandoned" their property. Most of the Krajina Serbs fled their homes because of the fighting, fearing for their lives. According to the original August 31, 1995, decree, those who returned to Croatia within thirty days after the decree took effect (i.e., before October 5, 1995) could claim title to their property and have it restored to them. When the decree was adopted into law on September 27, 1995, the period of time in which Serbs could claim ownership of their property was extended from thirty to ninety days from the law's initial adoption (i.e., until December 27, 1995). Thereafter, if the property was not claimed, a special law was to regulate ownership of the property in question. However, thousands of Serbs who have applied for return to Croatia at the Croatian liaison office in Belgrade or the Croatian embassy in Budapest have faced unnecessary bureaucratic obstacles and delays regarding receipt of Croatian citizenship papers, or their entry into Croatia has been obstructed by Croatian authorities at the Croatian-Hungarian border. Under these circumstances, it is unrealistic to expect Serbs from Krajina to return to their homes in Croatia even within ninety days. Article 1 of the law states that the aforementioned property is being placed under Croatian government control "in order to protect and secure the creditor's claims to the property." Although part of the property used by Serbs in Krajina had earlier belonged to Croats who had been expelled from the region and should, indeed, be returned to its rightful owner(s), much of the property in Krajina legally belonged to Serbs. Moreover, the Croatian government's stated interest in securing the Serbian owners' property claims is further called into question in light of its tacit condoning of the burning and destruction of Serbian property throughout Krajina since its recapture by Croatian forces in early August 1995. The effect of the law is thus to revoke a person's right to ownership, and effectively confiscate his or her property, without due process. It effectively punishes all Serbs who remained in "enemy" territory during the war --not through individual proof of a crime in court, but through an administrative measure that amounts to collective punishment. Similar due process problems arise even as the law relates to property owned by current citizens of the FRY. Some of this property had been allocated to them because of their membership in the Yugoslav People's Army (Jugoslavenska Narodna Armija or JNA) or the communist party or state organs. Insofar as this is the case, an impartial legal body should determine ownership of "public" property whose specific ownership is in dispute.108 However, in some cases, FRY citizens legitimately purchased and hold legal title to property in Croatia which should either be recognized or its expropriation compensated.
Oh please. Why in God's name would you move from such a beautiful country like Australia and relocate in Croatia?
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