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How a Wind-Farm Dispute in Šavnik Exposed Weaknesses in Montenegro’s Property System

How a Wind-Farm Dispute in Šavnik Exposed Weaknesses in Montenegro’s Property System

How a Wind-Farm Dispute in Šavnik Exposed Weaknesses in Montenegro’s Property System

Illegal cadastral entries, threatened expropriation and what it means for real estate Montenegro

A local dispute over a planned wind farm has landed at the heart of Montenegro’s property system. In the municipality of Šavnik, residents of the village of Brezna and neighbouring communities accuse developers and state bodies of illegally registering expropriation notices and servitude rights on private land to make way for the Bijela wind power project. For anyone watching the real estate Montenegro market — buyers, investors and expats — this story is a warning: title security can be tested by administrative action and contested permits.

Quick summary for investors

  • Who is involved: Alcazar Energy Partners (developer of Wind Park Bijela), Montenegrin Electricity Transmission System CGES, the Real Estate Administration of Montenegro, the Environmental Protection Agency (EPA), local residents of Brezna and Šavnik, consultancy ENOVA, and the EBRD as a potential lender.
  • Allegations: illegal registration of expropriation notices, subsequent registration of servitude rights in favour of Alcazar, falsified Environmental Impact Assessment data, secret public hearings, unauthorised surveying on private land, and threats aimed at vulnerable landowners.
  • Legal actions: residents plan to file a criminal complaint with the Special State Prosecutor’s Office for abuse of office and possible corruption.

What happened: sequence of alleged irregularities

Residents and the Civic Initiative “Save Brezna” say the Real Estate Administration illegally entered cadastral records to register a notice of expropriation in favour of CGES and then, on the same parcels, listed a servitude right in favour of Alcazar Energy Partners. According to the residents, those entries were removed only after they raised the alarm — but the deletions occurred without any supporting documentation or administrative act.

They say the campaign of pressure began in April last year, and includes a series of events that their statement outlines:

  • Alleged concealment of public hearings.
  • Approaching and pressuring the elderly and vulnerable residents with threats of expropriation.
  • Sending surveyors onto private land without consent.
  • Collaboration with the EPA to approve an Environmental Impact Assessment that residents describe as falsified.
  • Media narratives claiming community consent that residents say are untrue.

These are serious allegations against a private operator seeking to build a major energy project and against state bodies entrusted with land and environmental governance.

Legal mechanics: expropriation notices, servitude and cadastral records

To understand the stakes for property owners and investors, we must unpack three legal concepts that sit at the centre of the case:

  • Expropriation notice: a declaration that public interest may justify compulsory acquisition of land. It is supposed to be backed by administrative acts, transparent procedures and compensation rules.
  • Servitude (easement): a registered right that allows a third party to use part of a property for a particular purpose, for example to install transmission lines.
  • Cadastral registration: the official record of ownership and encumbrances on land. Changes to the cadastre are the primary way property rights are protected or affected.

According to the residents, the Real Estate Administration recorded a notice of expropriation for the benefit of CGES and later recorded a servitude for Alcazar on the same parcels. If true, that sequence suggests a route to secure land-use rights for the developer before any formal expropriation procedure or transparent public process had been completed. The further allegation that those records were later deleted without administrative justification raises questions about procedural integrity and record-keeping.

From an investor’s view, this is not academic. Titles and clear encumbrance histories are the backbone of any property transaction. When cadastral records are altered without documentation, the chain of title is weakened and investor confidence is affected.

Environmental approvals and lender risk: the EIA and the EBRD

The residents allege that the Environmental Protection Agency approved an Environmental Impact Assessment (EIA) that contained falsified data, and that EPA officials cooperated with the developer. The controversy touches on the role of international financiers: Alcazar has been linked to a loan request from the European Bank for Reconstruction and Development (EBRD).

Two points are important:

  • Lenders like the EBRD have environmental and social standards that borrowers must meet. If those standards are breached, the bank can suspend support or require corrective action.
  • Project documentation prepared for lenders is typically audited by consultants; in this case the consultancy ENOVA is noted as having prepared a report that the EBRD financed. Residents claim ENOVA’s project report misrepresented the proximity of houses and community assets to the planned infrastructure.

The residents say ENOVA reported there were no houses or commercial buildings within a two-kilometre radius of the planned site, a claim they say is false. That matters: misrepresentations in EIA submissions both harm local people’s rights and expose lenders to reputational and compliance risk.

Local stakes: land, livelihoods and infrastructure risks

The project is not just an abstract infrastructure plan. Residents warn that CGES plans a major international energy hub in Brezna, including a 400 kV substation intended to connect to Italy via a submarine cable. The location in the centre of a populated settlement is the central grievance of locals who say their community depends on agriculture and tourism.

Key local concerns include:

  • Loss of private agricultural land through expropriation or servitude.
  • Disruption to tourism and recent population growth that the residents say their area has experienced.
  • Technical risk: the existing substation built by private company Krnovo Green Energy is said to be deteriorating and sinking due to geological conditions. Locals fear a larger 400 kV installation at the same unstable site could increase the risk of accidents or long-term damage.
  • The possibility that decisions are influenced by private sector interests and by external shareholders, such as Italy’s Terna, a notable shareholder in CGES.

This is a reminder that energy infrastructure projects intersect with land use, community cohesion and geological realities. Developers and transmission companies often promise economic benefits, but those promises need to be balanced against tangible local impacts and sound engineering.

What this means for buyers, investors and expats in Montenegro real estate

Our analysis shows that the dispute exposes legal and operational risks for anyone with exposure to property in Montenegro. If you are considering buying, investing or moving to Montenegro, here is what to watch and do:

  • Title and cadastre due diligence: verify not only ownership but recent encumbrance history. Ask for a certified extract from the cadastre and check for any recorded expropriation notices or servitudes.
  • Check administrative records: confirm that any changes to cadastre entries are supported by administrative acts and published decisions.
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Deletions without documentation are a red flag.
  • Review environmental approvals: for land near planned infrastructure, obtain copies of EIA documents and confirm the approvals issued by the Environmental Protection Agency.
  • Ask about planned infrastructure: large substations, high-voltage lines and international cables can impose servitudes and affect land values and local amenity.
  • Engage local legal counsel: Montenegrin property and administrative law can be complex; engage lawyers who have experience with expropriation and land disputes.
  • Community relations: projects that ignore or marginalise local communities often lead to prolonged litigation and reputational damage for developers and financiers.
  • These are practical steps. I recommend treating cadastral certainty as non-negotiable; it is the legal backbone of any property transaction in Montenegro.

    Legal remedies and likely next steps

    The residents say they will file a criminal complaint with the Special State Prosecutor’s Office alleging abuse of office, unlawful influence and possible corruption. They also say they have assembled documentation showing the alleged illegal cadastral entries and the circumstances that followed.

    What can happen next?

    • Prosecutors may open an investigation into the Real Estate Administration and the officials involved, including the Director, Marko Bulatović.
    • Judicial review could require a public hearing to examine the legality of any administrative acts relating to expropriation or servitude.
    • Lenders such as the EBRD may reassess their engagement if the EIA process or other compliance elements are found to be compromised.
    • Civil claims by landowners could seek compensation for trespass, unauthorised surveying, or damages caused by improper administrative conduct.

    Investigations and court processes can be slow, but they are the mechanisms that will determine whether the allegations are substantiated and whether any officials or companies face legal consequences.

    Broader implications for the Montenegro property market and investors

    This case is a microcosm of a wider challenge: how to balance the drive for strategic infrastructure with private property rights and good governance. For the Montenegro real estate market the implications are threefold:

    • Trust in public institutions matters. If cadastral systems and environmental approvals are perceived as vulnerable to manipulation, investors may demand higher risk premiums or avoid certain areas.
    • International finance is a check on standards. Banks and international investors will scrutinise documentation and social consent; a withdrawal or suspension of funds can stop projects and protect local rights.
    • Local resistance can halt projects. Communities that mobilise and use legal tools, media and international scrutiny can force reconsideration of project plans.

    We should not ignore the potential benefits of renewable energy and grid upgrades for Montenegro. But infrastructure projects that affect land rights must be implemented with transparent procedures, full compliance with environmental and social standards, and genuine community engagement.

    How to interpret claims on both sides

    I have been following property disputes across the region for years. My view is that the facts presented by Brezna residents are serious and require independent verification. Allegations of illegal cadastral registration, falsified EIAs, and pressure on vulnerable people are not minor technicalities; they strike at the rule of law and the reliability of public records.

    At the same time, developers will argue they are providing clean energy and national infrastructure that may be in the public interest. Resolving these competing claims requires transparent processes, full disclosure of documentation and independent technical assessments, not heated narratives.

    Conclusion: an investor’s practical takeaway

    For anyone with exposure to real estate Montenegro, the clear lesson is this: verify the cadastre, scrutinise environmental approvals and consider community risk. The Bijela controversy shows that administrative records can be contested and that approvals tied to large infrastructure projects can have consequences for landowners and investors alike. Expect legal challenges and potentially lengthy investigations before ownership and project rights are settled.

    Frequently Asked Questions

    Q: Can a developer force expropriation in Montenegro?
    A: Expropriation can occur under Montenegrin law when public interest is declared, but it requires formal administrative acts, due process and compensation. Alleged illegal registration of expropriation notices would be subject to judicial review.

    Q: What is a servitude and how does it affect property value?
    A: A servitude is a registered easement giving a third party limited use of land, for example for transmission lines. It reduces the owner’s exclusive use and can lower property value, depending on its nature and extent.

    Q: Should buyers be worried about properties near planned energy infrastructure?
    A: Yes. Buyers should demand full cadastral extracts, check for recorded servitudes or expropriation notices, review EIAs, and obtain legal advice. Infrastructure can impose lasting encumbrances and affect both use and resale value.

    Q: What role can international lenders play in disputes like this?
    A: Lenders such as the EBRD require borrowers to meet environmental and social standards. They can suspend financing, require remediation or pull back if compliance is not met. Their involvement also brings scrutiny to project documentation.

    (End of article.)

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