The state intends to urgently repair the road connecting Kolašin and the ski resorts on Bjelasica by the start of the winter season, although this should be the responsibility of the private Ski Center "Kolašin 1450".
After the Government made a decision on urgent rehabilitation about ten days ago, the question was raised whether a part of the road from Kolašin to the ski resort, which is also part of the regional road to Berane, was used illegally, because the agent of the "Ski Center Bjelasica" is in bankruptcy. Nušo Kalač filed a lawsuit with the Basic Court, claiming that their land for the road was "actually taken away without compensation, which is contrary to the Constitution and the law"...
The lawsuit followed news that the road, which has long been a black spot for tourism in Kolašin, will be repaired and reconstructed next year. It was announced that the works will be financed from the state budget, but how much it will cost is not yet known.
Winter road maintenance has also been financed by the state so far, although the contract for the sale of the Bjelasica Ski Center property from 2007 states that the obligation to maintain it lies with the buyer of the bankruptcy debtor's property, i.e. the owner of the current "Kolašin 1450" Ski Center.
According to a copy of the contract that "Vijesti" had access to, among other obligations, the company "Beppler Jacobson", which purchased the property of the former Kolašin company, including the ski resort, also assumed the obligation "to maintain the Kolašin-Jezerine road for a period of 20 years."
"Vijesti" was unable to obtain officially available information about whether, over the past 18 years, the current owner of the ski resort has been in any way exempted from this obligation.
In 2007, the company "Beppler Jacobson" purchased 147.654 square meters of land, a cable car, a restaurant and ski lifts in Jezerine for half a million euros.
The company "Ski Resort Kolašin 1450", which is now the owner of the now expanded ski resort, did not respond to "Vijesti"'s questions regarding the alleged obligation to maintain the road.
These questions were not answered by the Ministry of Tourism, which initiated the urgent repair of the road.
They are demanding 210.000 euros in the lawsuit.
Kalač told "Vijesti" that the land used for the road includes plots with a total area of 35.156 square meters, in the cadastral municipalities of Mušovića, Rijeka and Drpe, which are owned by a bankrupt company from Kolašin. He states in his lawsuit that the property of that company was seized without compensation, for which he is seeking 210.000 euros "on the basis of de facto expropriation, or de facto dispossession (taking land from the owner's possession and assigning it to someone else for use), of immovable property". That is, on several plots that include the road, which, as he states, are owned by the bankrupt company.
"The legal basis of our request is clear. The Law on State Property stipulates that roads and related facilities are assets in general use, which can be disposed of exclusively by the state and municipalities, and not by private or legal entities. Our property has been effectively seized without compensation, which is contrary to the Constitution and the law," says the attorney for the bankrupt "Ski Center Bjelasica."
The road has been in very poor condition for a long time, despite sporadic minor interventions on the worn-out asphalt, and is cleaned in the winter by the company “Crnagoraput”. The condition of the roadway has been further worsened by frequent traffic after the opening of the “Klisura” tunnel, but also by freight traffic given the large number of construction sites on Bjelasica.
Kalač claims that the Municipality of Kolašin and the state, when seizing land from the owner's possession and assigning it to someone else for use, "did not carry out the legally prescribed expropriation procedure."
"No compensation in kind was paid for the de facto confiscated land of DOO Ski Center Bjelasica Kolašin, even though the provision of Art. 58, paragraph 2 of the Constitution of Montenegro clearly stipulates that 'No one may be deprived or restricted of the right to property, except when required by the public interest, with fair compensation', and the provision of Art. 58, paragraph 1 of the Constitution of Montenegro guarantees the right to property," says Kalač.
According to him, these are plots in the municipal administrative district of Mušovića, Rijeka (14.119 m2) and Drpe (21.037 m2). However, he points out that "the precise area and boundaries will be determined by subsequent geodetic expertise."
He states that for now he has subjectively assessed the value of the confiscated land and that the actual market value will be determined by court experts for the evaluation of real estate.
Without repairs, the season is at risk
The decision on the urgent rehabilitation of the road from Kolašin to the ski resorts - the private Kolašin 1450 and the state-owned Kolašin 1600 - was made by the Government after the Ministry of Tourism requested it, in order to "ensure optimal conditions for the upcoming winter season and fully utilize the tourist capacities of the two ski resorts on Bjelasica".
The Ministry of Tourism has warned with the initiative that, if this were not to happen, regular maintenance during the winter period would be impossible due to the poor condition of the road, which would directly jeopardize the accessibility of the ski resort.
They reminded that the road from the intersection on Boška Rašovića Street in Kolašin to the roundabout at the "Kolašin 1450" mountain center is a key road connecting the city center with the ski resorts on Bjelasica.
It is planned that the rehabilitation will be financed from funds for regular maintenance and protection of state roads, within the existing contract of the Transport Administration.
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