report of land acquisition for the purpose of construction …
TRANSCRIPT
LAND ACQUISITION PLAN FOR THE PURPOSE OF CONSTRUCTION OF
PLOVDIVTSI DAM, RUDOZEM MUNICIPALITY - BULGARIA
June 2014
INTRODUCTION This Land Acquisition Plan (LAP) has been prepared by the Ministry of Regional
Development of the Republic of Bulgaria to outline the actions undertaken for the acquisition
of land required for the construction of the „Plovdivtsi” dam and its ancillary components (i.e.
reservoir, “sanitary zone”, access road, transmission line, etc) and a drinking water treatment
plant in the area of Plovdivtsi village, Rudozem municipality. The completion of this project
is part of the Municipal Infrastructure Development Project (MIDP), implemented by the
Ministry of Regional Development and Public Works with a credit facility of the International
Bank for Reconstruction and Development.
This Plan has been prepared in conformity with the applicable Bulgarian laws and the
requirements of the MDIP’s Land Acquisition Policy Framework (LAPF) dated March 2009
which is in line with theWorld Bank Operational Policy on Involuntary Resettlement OP 4.12.
The LARPF includes an analysis of the applicable legal framework, valuation criteria,
entitlement matrix, stakeholder engagement and grievance mechanism, among other details. .
This Land Acquisition Plan complements the findings of the “Social Due Diligence in
Respect of Construction of Plovdivtzi Dam” (November 2007) which describes the previous
land acquisition associated to Plovdivtzi Dam and the drinking water treatment plant
conducted between 1998 and 2007. It must be noted that the land acquisition related to the
construction and operation of the Plovdivtsi” dam and the drinking water treatment plant does
not involve the physical displacement of population.
Between 1998 and 2000 the Government of Bulgaria acquired from public entities and private
land owners a total of 553,600 m2 (55.36 hectares) of land for the project, distributed as
follows: 447 680 m2 (44.76 hectares) for the Plovdivtsi” Dam reservoir and Sanitary and
Security area of belt I; 36,962 m2 (3.69 hectares) for the associated access road; and 66,100
m2 (6.61 hectares) for the transmission line, while for the construction of the drinking water
treatment plant it acquired 3,000 m2 (0.30 hectares). 86% of the land was publicly owned and
only 14% was owned by 39 individuals.
Between 2008 and 2014 the Government initiated the additional acquisition of 11,149 m2
(1.15 hecatres) of public lands and 9,926 m2 (0.99 hectares) of private lands distributed in 13
properties. The land rights from the public entities and private owners have been transferred
to the project. The compensation for the private owners, which includes market value for land
and other losses amounts to BGN 34, 923 (approximately USD 25,000). The money has been
set aside in an escrow account and efforts have been made to inform affected people about the
compensation, but as of April 2014 only 14% of the compensation has been collected.
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OBJECTIVES AND PRINCIPLES The premise governing this LAP is that land acquisition may cause hardship and
impoverishment, and therefore where it is not feasible to avoid land acquisition, project
affected persons (PAPs) will consulted and compensated and assisted in their efforts to
improve or restore their livelihoods and standards of living to levels prevailing prior to the
beginning of project implementation. To support this objective, the following principles will
apply:
During the sub-project preparation process, consideration of technical options shall
involve a concurrent assessment of potential associated land acquisition impacts, so
that, where feasible, design alternatives to minimize such impacts can be identified as
early as possible.
Consultation arrangements during the project sub-component preparation process shall
be transparent and inclusive to ensure that all persons affected by involuntary land
acquisition are consulted on the mitigation measures.
Compensation for lost assets shall be provided before land and other assets are taken
into possession.
I. LAND ACQUISITION CONDUCTED BETWEEN 1998 AND 20071
By Order N 370 of 10.08.1998 the mister of Finance approved the expropriation of 80 569
m2 (8,05 hectares) of land which were private agricultural lands for the construction of
Plovdvtzi dam. The expropriation of these properties was also approved by the Minister of the
Regional Development and Public Works by Order N RD 02-14-1010 of 16.09.1998.
As of November 2007 the State had acquired by way of expropriation 74,591 m2 (7.45
hectares) of private agricultural lands for the dam reservoir from 31 owners and 3,962 m2
(0.39 hectares) of private agricultural land for the supporting road from a total of 8 land
owners, for a total area of 78,553 m2 (7.85 hectares).
The “Social Due Diligence in Respect of Construction of Plovdivtzi Dam” conducted on
November of 2007 concluded that procedures implemented for the acquisition of lands for the
construction of the Plovdivtzi Dam were in compliance with the objectives of the World Bank
OP 4.12 on “Involuntary resettlement" and the construction of the Plovdivtzi Dam has not,
and will not, imply displacement of population.
Table 1. Summary of Land Acquisition 2000 to 2007
Public
land
(hectares)
Private
land
(hectares)
Total land
required
(hectares)
Total land
acquired
(hectares)
% land
acquired
Dam reservoir
and Sanitary and
Security area of
belt I
37.30
(84%) 7.46 (16%) 44.76 44.76 100%
Access road 3.30 0.30 (1%) 3.69 3.69 100%
1 A full description of the land acquisition process between 1997 and 2007 can be found in the “Social Due
Diligence in Respect of Construction of Plovdivtzi Dam” available at
http://www.mrrb.government.bg/en/?controller=articles&id=652
(89%)
Potable water
treatment plant 0.30
(100%) 0.30 0.30 100%
Electric power
line
6.61
(100%) 6.61 6.61 100%
TOTAL 47.51
(86%) 7.76 (14%) 55.36 55.36
II. LAND ACQUISITION FROM 2008 TO 2014
a. COMPLETED ACTIONS IN RESPECT OF ACQUISITION OF PUBLIC
LAND LOTS OWNED BY RUDOZEM MUNICIPLAITY
By Ordinance № АК-02-23-779 of 19.12.2012 of the Head of Region of Smolyan an
expropriation procedure in favor of the state has been ordered for construction of a project:
‘„Plovdivtsi” dam and drinking water treatment plant’ in the local land area of Plovdivtsi
village, Rudozem municipality, lots and lot parts – private municipal ownership, located in
the local land area of Plovdivtsi village, Rudozem municipality, Smolyan region, described in
detail in terms of type, area, location, title holders and size of monetary compensation, as
follows:
List of land lots –municipal ownership, subject to involuntary expropriation and included in project ‘„Plovdivtsi” dam and drinking
water treatment plant’ in the local land area of Plovdivtsi village
S
Seri
al
№
Lot №
Type of
area
Permanent use
manner
Total property
area,
Decares
Area subject to
expropriation
Locality
Type of title of
ownership
Name of title holder
Monetary
compensation,
BGN
1
2
3
4
5
6
7
8
9
10
1.
33006
Rural
Pasture
common
pasture land
0,916
0,916
Demerdeshev
o
Private municipal
Rudozem
municipality
BGN 2872
2.
33016 Rural
Pasture
common
pasture land
1,351
1,351
Grobat Private municipal
Rudozem
municipality
BGN 4237
3.
34005 Rural
Pasture
common
pasture land
2,091
2,091
Vulchenatsko Private municipal
Rudozem
municipality
7235
4.
28035 Rural
Natural
meadows
0,380
0,380
Rupsko Private municipal
Rudozem
municipality
1192
5.
28067 Rural
Natural
meadows
0,396
0,396
Alikovo Private municipal
Rudozem
municipality
1242
6.
28065 Rural
Natural
meadows
0,026
0,026 Alikovo Private municipal
Rudozem
municipality
82
7.
28064 Rural
Natural
meadows
0,133
0,133 Alikovo Private municipal
Rudozem
municipality
417
28041 Rural Shrubs pasture 0,392 0,392 Alikovo Private municipal Rudozem
8. municipality 1229
9. 28025 Rural
Natural
meadows
0,145
0,145 Alikovo Private municipal
Rudozem
municipality
455
10.
28012 Rural
Pasture
common
pasture land
1,652
1,652 Alikovo Private municipal
Rudozem
municipality
5180
11.
28022 Rural
Pasture
common
pasture land
1,924
1,924 Alikovo Private municipal
Rudozem
municipality
6033
12.
28070 Rural
Pasture
common
pasture land
0,400
0,387 Alikovo Private municipal
Rudozem
municipality
1214
13.
28073 Rural
Pasture
common
pasture land
0,793
0,356 Alikovo Private municipal
Rudozem
municipality
1116
Hectares 1.06 1.11
Total BGN 32504
Decares 10.60 11.15
M2 10,599.00 11,149.00
The total value of the compensation is equal to BGN 32 504 and it has been fully paid
into the account of Rudozem municipality on 12 March 2013. The expropriation procedure of
land lots – private municipal ownership, should be deemed as closed on 12 March 2013, with
payment of the total value of the compensation determined for the land lots acquired by the
state.
b. COMPLETED ACTIONS ON THE ACQUISITION OF PRIVATE
LAND LOTS OWNED BY INDIVIDUALS
In the acquisition process of land, which is within the scope of Plovdivtsi Dam project, the
consultations with the affected people were carried out in two stages:
1. Discussion of the draft of Plovdivtsi Dam detailed structure scheme containing
information on the land subject to expropriation and according to which the
expropriation is made;
2. Conducting negotiations with the owners of the properties subject to expropriation;
On July 9th
, 1998 in Plovdivtsi village was held a meeting of representatives of
Rudozem municipality and the owners of the affected land. During the meeting were
considered matters of significance for this area, as well as matters about the claims of the
owners on the price of the properties and perennial plants subject to expropriation. The
detailed structure scheme of erection and regulation of the following project: Plovdivtsi Dam
and Purifying Station for drinking water on the land of Plovdivtsi village, Rudozem
municipality was subject to public discussion and all interested parties were invited. The
invitation notice for the above was put up in Plovdivtsi village and in the building of the
municipality in town of Rudozem. At the same time the notice was also published in a local
daily newspaper (Rodopi vest newspaper, issue 46/29.04.2011). A public discussion was held
on May 4th
, 2011 in Plovdivtsi village cultural club and the draft was available to all
interested parties every working day in the building of the municipality of Rudozem village.
There is a record evidencing the public discussion, which was signed by the affected
persons who attended it. The record contains all their questions and comments. The claims
made by Plovdivtsi village residents were included in the draft. The detailed structure scheme
was adopted on the grounds of Resolution No. 356 of Rudozem municipality`s municipal
council and the resolution was promulgated in State Gazette, issue 74/21.09.2011. The draft
of detailed structure scheme was announced to the interested parties by its promulgation in
State Gazette, issue 82/21.10.2011. No complaints were received by the interested parties
against the detailed structure scheme for construction of Plovdivtsi Dam.
In June 2012 in 5 consecutive days were carried out negotiations with the persons the
properties of whom are subject to expropriation according to the draft of detailed structure
scheme for the construction of Plovdivtsi Dam. The negotiations were conducted by
commission with members: representative of the Ministry of Regional Development and
Public works, representative of the municipality and the independent assessor who took part
in the preparation of the assessment. The affected parties were notified about the negotiations
in advance by letter of notice sent to each of them and by a notice put on the board for
announcements in the building of Rudozem municipality. Some of the affected persons
participated in this procedure, during which they were informed in detail about the necessity
of expropriation of their property, as well as the way of determination of the assesment of
their land.Some of the persons gave their consent with the specified market value and signed
declarations for consent.
Order No. AK-02-23-780/19.12.2012 of the district governor of Smolyan district
decreed expropriation for state necessity with the purpose of construction of project:
Plovdivtsi Dam and Purifying Station for drinking water on the land of Plovdivtsi village,
Rudozem municipality, properties and parts of properties – private ownership located on the
land of Plovdivtsi village, Rudozem municipality, Smolyan district. The order was
promulgated in State Gazette, issue 7/2013. On January 8th
, 2013 Rudozem municipality
announced in public the sequestration order by putting it up on the information board of
Rudozem municipality and on the information board of Plovdivtsi village.
By Ordinance № АК-02-23-780 of 19.12.2012 of the Head of Region of Smolyan an
expropriation procedure in favor of the state has been ordered for construction of a project:
„Plovdivtsi dam and drinking water treatment plant“ in the local land area of Plovdivtsi
village, Rudozem municipality, land lots and lot parts – privately owned by individuals,
located in the local land area of Plovdivtsi village, Rudozem municipality, Smolyan region,
described in detail in terms of type, area, location, title holders and size of monetary
compensation, as follows:
List of land lots – private ownership, subject to involuntary expropriation and included in project ‘„Plovdivtsi” dam and drinking
water treatment
plant’ in the local land area of Plovdivtsi village
Seria
l
№
Lot №
Permanent use manner
Total property
area,
decares
Area subject
to
expropriation
Locality
Type of title of
ownership
Monetary compensation,
BGN
1
2
4
5
6
7
8
10
1. 028010
Pasture
common pasture land
0,439
0,439
Alikovo
private
1377
2.
050044
Wooded territory
1,3
0,16 Alikovo private
674
3.
028008
Pasture
common pasture land
0,056
0,056 Mustetsa private
194
4.
028078
Pasture
common pasture land
1,411
1,077 Rupsko private
3377
5.
028083
meadow
0,31
0,31 Rupsko private
972
6.
028074
Pasture
common pasture land
0,745
0,745 Vodenitsata private
2336
7.
028071
Pasture
common pasture land
0,542
0,004 Alikovo private
13
8.
034018
Pasture
common pasture land
0,199
0,199 Alharnarnik private
689
9.
034010
Pasture
common pasture land
1,193
1,193 Menkovo private
4128
10.
034009
Pasture
common pasture land
3,851
3,851 Vulchenatsko private
13 332
11.
033023
Pasture
common pasture land
0,752
0,752 Grobat private
2358
12.
050045 Wooded territory
1,000
1,000 Menkovo private
4210
13.
050041 Wooded territory
0,300
0,300 Menkovo private
1263
Decares 10.80 9.93 34923 BGN
Hectares 1.08 0.99
M2 10,798.00 9,926.00
The total amount of the compensations provided to private land owners equals BGN 34 923
and it has been transferred by the Ministry of Regional Development and Public Works into
an account of the regional administration of Smolyan region on 21 Dec 2012. The
compensations of the owners were determined on the grounds of market values made by
independent assessors, two times updated – in March 2012 and in August 2012. The
documentation concerning expropriation contains the market value of each property. The
assessors calculated the compensations by comparing the market assessment and the
normative assessment. The market assessment was made on the grounds of concluded deals
concerning the sale of similar properties in the recent year before the date of the assessment
and along with it evidences were presented about the prices of already implemented deals. For
the calculation of the normative assessment were taken into consideration the requirements of
the Regulation on the way of assessment of prices of agricultural land and the Regulation of
assessment of land property in forest territories. These normative acts rely on determination
of compensation criteria in order to guarantee the assessment objectivity and the justice of the
replacing benefit like for instance the land statute, location, loss of income and other
economic factors. The final compensation is determined on the basis of which price is higher
– the market or the normative. The costs for acquisition of ownership on the affected lands,
including associated taxes and registration fees, are borne by the state and therefore they are
not part of the compensations determined.
The affected persons have been notified of the amount of their compensations and of their
right to receive them by designating bank accounts of their own, where the funds shall be
transferred throw the publishing Order No. AK-02-23-780/19.12.2012 in State Gazette and
throw the announcement the order on the information board of Rudozem municipality
building and on the information board of Plovdivtsi town hall. In State Gazette, issue 7 of
2013 was published Order No. AK-02-23-780/19.12.2012 of the district governor of Smolyan
district about expropriation of the affected land for the purpose of construction of project:
Plovdivtsi Dam and Purifying Station for drinking water on the land of Plovdivtsi village,
Rudozem municipality. The abovementioned order explicitly stated that the specified
compensations shall be available in International Asset Bank AD and once the order comes
into force, any affected person the name of whom has been listed in the order, is entitled to
receive their compensation, also explicitly specified, in any bank branch. This order was
announced in public on January 8th
, 2013 on the information board of Rudozem municipality
building and on the information board of Plovdivtsi town hall. The above method of
announcement in the local administrative buildings was described in a record as of
08.01.2013 of commission of Rudozem municipality.
As of 25 September 2013 only few of the affected persons have demanded payment and have
received their compensation, as follows:
Total
amount of
compensatio
n
Total value of unpaid
remuneration as of 25
September 2013
% unpaid
1. Family 1
BGN 1377
BGN 98,35
7,14%
2.
Family 2
BGN 674
BGN 674
100%
3.
Family 3
BGN 194
BGN 194
100%
4. Family 4
BGN 3377
BGN 34,50 1,02%
5. Family 5
BGN 972
BGN 972
100%
6.
Family 6
BGN 2336
BGN 2336
100%
7. Family 7
BGN 13
None 100 %
8. Family 8
BGN 689
BGN 689
100%
9. Family 9 100%
BGN 4128 BGN 4128
10. Family 10
BGN 13 332
BGN 13 332
100%
11. Family 11
BGN 2358
BGN 2358
100%
12. Family 12
BGN 4210
BGN 4210
100%
13. Family 13
BGN 1263
BGN 1263
100%
TOTAL VALUE: BGN 34 923 BGN 30 288,85 87%
As of 25 September 2013 out of the total value of compensations BGN 34 923 due
to affected persons, few of these persons have received their compensation payments equaling
BGN 4 634.15. 30288,85 (87% of total compensation) is still pending to be claimed.
The reason for non-payment of the whole amount of compensations is attributed to
the lack of filed requests on part of the affected persons to receive the relevant amounts in
cash or by way of bank transfer. The persons have been notified that the allocated
compensation amount was transferred by the MRDPW into a special bank account with CB
“International Asset Bank” and they should ask from each bank branch receipt of the
respective compensation in cash /if it is up to BGN 1000/ or designate a bank account of their
own for remittance of the allocated compensation by “International Asset Bank”.
Payment of the compensations due to the remaining persons is expected whereas
the amount has been transferred into a special bank account, and upon request of an affected
person, the bank transfer may be ordered at any point of time.
Upon declared willingness by the entitled persons, due compensations of up to
BGN 1000 may be paid in cash.
The respective compensation amounts earn an interest until the time of their receipt,
which is payable to the persons entitled to compensation together with the principal
compensation amount.
III. COMPLETED ACTIONS ON THE COMPENSATION OF THE INFORMAL
USERS OF LAND
A field study on the informal use of land needed for the construction of Plovdivtsi dam was
carried out on October 24th
, 25th
and 26th
2011. The field study was conducted by a Commission
of 3 experts including: representative of the MRDPW, representative of Rudozem municipality
and an appraiser. The results of the study have been laid down in a Protocol signed by the
Commission members.
During field study conducted were found the following forms of informal use of the land in
the area of Plovdivtsi dam: the ground of the dam area is used for pasture of 12 cows, 14 goats and
4 sheep, which are property of 10 households in total. The cows are usually locked in the barn and
the hay cut from the ground`s place of the dam area is spread around. Hay-making season is
within the period from June to September – October. Usually the goats and the sheep are taken out
to pasture there every day or every two days. Some of the people asked say that most of the grass
on the ground is cut to reduce the risk of fire and not to serve as fodder. Most cattle owners do not
care about the future damming of the dam lake because there is sufficient land for pasture.
Currently on the territory of the site are not being performed activities that would affect the
informal use of the land i.e. up till now there have been no impacts on economic activities of
informal users.The mayor of Rudozem municipality assumed the responsibility to provide land,
property of the municipality, to be used for pastures by the informal users when the dam
construction activities impede the formal use of the land.
IMPLEMENTING SOCIAL COMMITMENTS IN CONNECTION WITH PLOVDIVTZI
DAM WATER
COLLECTION.
Prior to the completion of the expropriation file for the private properties falling within the
Plovdvtzi Dam reservoir and SSA a meeting was held between the persons concerned,
representatives of Rudozem Municipdty, representatives of the dam designer
Vodokanalengineering OOD and investor control, Geos OOD, Smolyan. The meeting was
held on 9 July 1998 and a Protocol has been drafted thereof (Protocol N 11), containing
multiple requests, most of which had been complited. However, as of April 2014 the
following commitments are pending:
Commitment Pending Corrective Action Deadline
Rudozem Municipality
And the contractor commit
themselves to restore the
village old irrigation
systems, namely to
conduct water to the
water-mill and to buildup
two irrigation channels on
the two sides of the
village.
The village old irrigation
systems has not been
restored. The restoration
of the irrigation systems is
connected with the
completion of the dam and
will directly result as the
effect of the Plovdivtzi
Dam construction.
After the construction of
the dam will provide
water for irrigation. Will
be restored canals.
After the construction of
the dam.
The necessary quantities
of running water for
drinking and household
needs to all points of the
village shall be ensured.
The provision of the
necessary quantities of
running water for drinking
and household needs are
connected with the
completion of the dam and
will directly result as the
effect of the Plovdivtzi
Dam construction.
Built a new plumbing. Already done!
The Municipality and the
contractor shall build
playgrounds and sports
grounds in the school area.
No playgrounds are put in
place. There are no sports
ground in the school area
since the school has been
closed. The opening of a
kindergarten is envisaged..
Carry out a tender for the
construction of
multifunctional
playground.
12.2014
Grievance Redressal Mechanisms
The Expropriation Laws provide for an appeals process against the proposed award for
compensation. The PIU staff also play an advisory and facilitating role in resolving
grievances. Grievances related to land acquisition impacts should be pursued at the
municipality/ community level with facilitation by PIU staff together with design consultants
in order to find technical solutions that avoid or further minimize the need for land
acquisition. Solutions to grievances related to compensation amounts, delays in compensation
payments should be pursued directly by the designated authorities in liaison with the PIU staff
who will inform PAPs about the avenues for grievance redress, and will maintain a record of
grievances received, and the result of attempts to resolve them.
Attachments:
1.Order No. AK-02-23-780/19.12.2012 of the district governor of Smolyan district.
2. Record as of 08.01.2013 of commission of Rudozem municipality.