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Document Sample
RP463
v3
Georgia
Tbilisi-Senaki-Leselidze Auto
Road Agaiani-Igoeti E43 – E55
Section
Resettlement Action Plan
Prepared by Sub-contractor of BONIFICA, Tbilisi Title Company
Ministry of Economic Development of Georgia
Department of Roads of Georgia
Tbilisi
June 2007
Page 1 of 29
Resettlement Action Plan
C Ontents
o
nt
Chapter
Page
1. Preface ..................................................................................................................... 3
e
2. Scope of Land Acquisition ..................................................................................... 4
3. Project Affected People ........................................................................................ 5
nt
4. Legal Framework .................................................................................................... 7
5. Gaps between the active legislation of Georgian and measures to fill the
gaps..............................................................................................................................9
s
6. Compensation Principles and Rehabilitation Measures…………………………10
7. The Scope of Project Impact and Valuation Methdology……............................11
8. Implementation Procedures……...…………………………....................................16
9. Public Meetings, Participation and Grievance Redress
Mechanism……………...............................................................................................19
10. Entitlement Matrix...............................................................................................21
11. Households Socio-Demography data...............................................................22
12. Annexes ..............................................................................................................25
13. Budget ................................................................................................................31
Page 2 of 29
Resettlement Action Plan
Preface
1 The Resettlement Action Plan has been prepared by the Road Department
of Ministry of Economic Development of Georgia in accordance to the Re-
settlement Policy Framework (RPF), active legislation of Georgia and
World Bank involuntary resettlement policy (OP 4.12). The assignment
covers Tbilisi-Senaki-Leselidze auto road section Agaiani-Igoeti E43 and
E55.
The goal of the hereby document – Resettlement Action Plan – is to in de-
tail describe all the actions and activities to be undertaken by the RDMED
in order to follow logical and fair approach in the process of implementing
involuntary resettlement when identifying the compensation measures and
entitlements for land expropriation and reimbursement of income and asset
losses. Aside to that, due information shall be provided to all responsible
institutions involved in the process, representatives of local government
and the most important local population that shall experience direct impact
of the given project.
The individuals that lose the means of livelihoods and income sources
(Project Affected Persons: PAP) shall receive compensation, either by cash
or in-kind, to at least restore their pre-project level of livelihood. During
the project implementation process, specific mitigation measures shall be
employed to minimize temporary worsening of economical conditions of
the project affected people.
Page 3 of 29
2. Scope of Land Acquisition
2
The given road section geographically is located on Agaiani-Igoeti section and ac-
cording to the administrative-territorial division belongs to Kaspi rayon. In total
twenty-three PAP shall be impacted by the Road rehabilitation activities. These
land parcels are located on the territories of the villages of Agaiani and Okami.
The total number of the land parcels located within the Road Impact area equals to twenty-
three. Out of these twenty-three only 2 land parcels are non-agricultural. The rest 21 land
parcels are agricultural. Among them only one land parcel is under State ownership and
leased to the physical person. The rest twenty land parcels are privately owned and used by
local households.
The survey of the land parcels located within the Road Project affected area revealed
four cases when the landowners occupy and use larger size of land than it was legally al-
located to them during the land privatization process. The excess share of the land par-
cel that will be within the new ROW is owned by the state. Since the excess share of
the land is occupied by the local households without title, no cash compensation will be
provided as land replacement cost, although the PAP shall receive the reimbursement
for the loss of assets and income loss.
The project road is carefully designed so the impact that may arise from the road con-
struction on the local population is minimized, and the future utilization and productivi-
ty of local assets will not be deteriorated.
Page 4 of 29
3. Project Affected Persons
3
During the development of the Resettlement Action Plan, as a result of the special survey
the socio, economic and demographic data have been collected for the Project Affected
Persons. The survey revealed that the majority of the households possess agricultural land
parcels. However, not all of the PAP have the complete package of documents to be rec-
ognized as legal owners under the Georgian legislation. The demarcation revealed that
some of the landowners are deceased and their land parcels had been inherited by their
heirs without proper registration.
A significant number of PAP is pensioners. Some of their younger family members are
employed. Only several households deal with cattle breeding. Almost every household
cultivates land and feeds themselves and their family members. They grow various veg-
etables (onion, garlic, tomato, potato, corn and bean) and share the crops with their
children who live separately. Some households sell a large share of annual crops such as
beans, corn and grapes at the local market or to wholesalers in Tbilisi.
Page 5 of 29
Most of the houses were built in 1955-1965. These are two-storied building with 4 to 6
rooms. However, the population still prefers to live on the ground floor. This is conve-
nient to local households as in winter the wood stove placed in one room is the most op-
timum option to warm the shelter. People use the same stove for cooking as well.
On two non-agricultural land parcels on the left side of the project road exist two com-
mercial entities that will be affected by road construction activities. These are (i) Res-
taurant TAVKVERI, and (ii) Petrol station owned by IBERCOMPANY.
The Restaurant is privately owned by SAVANE XXI which also owns the land on
which the restaurant is built. The restaurant is leased to an individual entrepreneur who
runs the business.
Page 6 of 29
The petrol station is privately owned and managed by IBERKOMPANI LTD which also
owns the land.
4
4. Legal Framework
In Georgia the legislative acts given below regulate the issues related to legal ownership
rights to land and real property and the expropriation of land for public needs:
The Constitution of Georgia, August 24, 1995
The Law of Georgia on the Rules for Expropriation of Ownership for Necessary Public
Need, July 23, 1999
The Law of Georgia on Ownership Rights to Agricultural Land, March 22, 1996
Page 7 of 29
The Law of Georgia on Registration Ownership Rights to Immovable Property, De-
cember 28, 2005
The Civil Code of Georgia, June 26, 1997
The Civil Procedural Code of Georgia, November 14, 1997
The Law of Georgia on Privatization of State-owned Agricultural Land, July 8, 2005
These legislative acts create the set of procedures that allow the Road Department of
Georgia to obtain ownership right towards the privately owned land parcels and corres-
pondingly the right of way.
The Law on acquiring ownership rights that defines the process of expropriation re-
quires implementation of several steps.
a. Issuance of Presidential decree;
b. Inventorization of all the property subject to expropriation;
c. Disclosure of information on expropriation;
d. Providing the information on expropriation to landowners;
e. Submission of the Application to the Court and Court Decision;
f. Expropriation;
g. Court proceedings in case any disputes are raised in regard with the property value
(amount of compensation).
A. As a result of issuance of Presidential Decree the right of expropriation is granted
to a company or a legal person of public law. The Presidential Decree is issued under
the Article 21 of the Constitution of Georgia. The Presidential Decree defines the inevi-
tability of expropriation of a land parcel for immediate public needs and the subject (le-
gal or private person) that may be granted the right of expropriation.
B. After issuance of Presidential Decree inventorization and evaluation of all the
property subject to expropriation shall be conducted
C. The information on the expropriation is published at national and local news-
papers.
The information shall contain the scopes of the project, and brief description of the terri-
tory and property that may be expropriated.
D. After the information on expropriation is published, the corresponding package
of documents shall be delivered to land owners.
In particular, the document of property valuation by the independent expert; offer on the
purchase of the property subject to expropriation; and the amount of compensation that
should be handed over to land owners will be delivered.
E. The Application shall be submitted to the Court and property expropriation under-
taken after the above described activities are implemented. The Law of Georgia on the
Rule of Property Expropriation for Necessary Public Needs, article 5 defines that the
District (City) Court will finally assign the right of expropriator. The Application on
expropriation shall be submitted to the District (City) Court. The Court shall make a fi-
nal decision on the issuance the right of expropriator. The application submitted to the
Court shall state the following:
1. Name of the District (City) Court;
2. Name and legal address of the of applicant;
Page 8 of 29
3. Name, address of the Applicant’s representative if the application is submitted by a
representative;
4. The request of the applicant;
5. The description of the circumstances the applicant refers to;
6. The proofs verifying these circumstances;
7. The list of the documents attached to the Application.
The application for the right of expropriation shall contain the following data: detail de-
scription of the property that needs to be expropriated, the Extract from the Public Reg-
ister verifying ownership right, documents related to the project to be implemented for
necessary public needs and the Decision of the District (City) Court on grating of the
right of expropriation.
F. Court Proceeding due to the property value
In case the expropriator and the property owner fail to come into agreement regarding
the property market value and amount of compensation, either party has the right to ap-
ply to the same rayon court where the land parcel is located for dispute resolution in ac-
cordance to the Civil Procedural Code of Georgia.
The Court will assign an independent expert that shall conduct property appraisal and
submit the report on property market value within the defined time. On basis of the re-
port by the independent expert and the proofs provided by both parties, the court will
make the final decision regarding the amount of compensation of the property subject to
expropriation.
The expropriator is responsible to the reimbursement of the costs incurred by both par-
ties including the costs for court proceedings, such as court costs in case of disputes and
the costs for the services for appraisal of the property to be expropriated.
5. Gaps between active Georgian legislation and measures to
fill the gaps
As stated in the Resettlement Policy Framework (RPF), most World Bank resettlement
policies are adequately addressed in Georgian law. One major gap is that under Geor-
gian law, those land owners who fail to have their land registered at the Public Registry
Page 9 of 29
are not eligible for compensation. Also, Georgian legislation does not require specific
planning process and planning instruments that are specified in OP 4.12. Similarly, no
specific measures for public consultation are provided under the Georgian law.
6
5 With view to such gaps, RPF sets forth several measures to fill the gaps, such as:
Keep affected people and communities fully informed about the project, the process
that will be followed to acquire and compensate for land, and their related rights and
avenues for redress.
PAP will be notified of the project implementation schedule and consulted regarding
the principles of land acquisition and loss of/ damage to assets.
Develop a fair and accessible grievance redress mechanism.
All PAP will receive compensation or support of various kinds, without regard to
the status of land registration and ownership in compliance with the active legislation of
Georgia and the World Bank safeguard policy.
This RAP sets forth specific measures to fill the gaps based on the principles laid out in
the RPF.
6. Compensation Principles and Rehabilitation Measures
The following principles are used to develop the methodology to evaluate lost assets
and properties.
1. The given project impact does not extend on residential houses; therefore, physical
resettlement of local population is not expected.
Page 10 of 29
2. Persons shall receive cash compensation for the share of the land parcel subject to
expropriation due to road construction. Land replacement cost has been determined ac-
cording to the market price.
7 3. Cash compensation shall be issued for the loss of annual income. Loss of annual
crops and vegetables has been calculated based on the average market price of the yield
to be lost due to road constriction. Cash compensation amount is determined according
to the data of the last five years, in particular considering the Data of the Department of
Statistics on average market prices for the years 2000-2006. Compensation shall be paid
to cover loss of income over one year.
4. Compensation for the loss of assets:
A. cash compensation shall be paid to the fruit bearing perennials to be logged down
due to road construction. The amount of compensation is compensated according to the
method described in the Chapter 7 on valuation methodology;
B. cash compensation shall not be issued for the perennials not bearing fruits. However,
the owners shall have the right to dispose the timber at their discretion after construction
company ensures to log the trees down and deliver the timber to the landowner’s resi-
dential area at company costs.
5. Rehabilitation measures:
5.1. Where the landowner and/or users possess structure, building or fence that will be
removed, such structure, buildings, fences shall be moved to other location or restored
at the costs of the RDMED, or cash compensation shall be provided that is sufficient to
restore the structure.
5.2. The construction company is responsible to arrange temporary access roads, so that
the loss of income for local population due to temporary lack of access road is mini-
mized. In case the population is not able to use their land parcels and this lasts for more
than one year, then the construction company shall reimburse the loss of income.
6. Actual removal of the specific structure and/or physical acquisition of the land shall
be undertaken after the completion of issuance of compensations for lost assets.
7. All project affected people (PAP) will be compensated under the active Georgian leg-
islation and World Bank safeguard policies (OP 4.12).
7. The scope of project impact and valuation methodology
The area that will be impacted by the Tbilisi-Senaki-Leselidze motor road construction
include privately owned land and state-owned land leased to an private individual and
extend over the 43 -55 KM section of the road between Agaiani and Igoeti.
Page 11 of 29
The detailed surveys and inventorization allowed determining the types and level of
project impact over the land parcels across the existing road. The calculation of com-
pensation has been conducted based on the Valuation Methodology and the identified
level and types of losses. The Valuation Methodology has been prepared according to
the active legislation of Georgia and in compliance with the World Bank Involuntary
Resettlement Policy Framework (OP 4.12).
Within the given Project the following types of project impact have been identified:
1. Loss of annual income
2. Loss of Assets – removal of buildings, structures and perennial crops to be logged
down due to road rehabilitation activities
3. Loss of land i.e. involuntary acquisition of land parcel
4. Temporary loss of income caused by temporary loss of access.
Characteristic of the types of losses and principals of compensation
Compensation for loss of annual income – yield from annual crops lost due to road
construction
Some of the land parcels under project impact are cultivated. The owners have already
started the agricultural activities of the current season, and they may not be able to harv-
est the yield they planted prior to the start of road construction activities. In such case
the compensation shall be paid for the loss of annual income. The amount of compensa-
tion shall be determined based on the market prices of the lost crop. As the source of the
information on the market prices, data of the Department of Statistics for average an-
nual consumer prices for the years of 2000-2006 have been utilized. (Please see Table 1
and Table 2)
Loss of assets: Structures and perennials
Buildings and structures to be removed
The loss of or damage to structure and buildings is also expected due to road construc-
tion. Within the scope of the project impact area there are two commercial objects lo-
cated across the existing road: the restaurant TAVKVERI that is owned by the legal
person SAVANE XXI, Ltd and petrol station LUCOIL that is owned by the legal person
IBERCOMPANY Ltd. These two commercial objects are located on the land parcels
registered as non-agricultural.
In order to implement road rehabilitation activities, the acquisition of some part of the
land parcel is required. The impact shall not extend to the main buildings. However, as
a result of the detailed field study carried out by the consultant, it is found that some
structures, such as WC, underground oil reservoirs, and water and oil pipes, will need to
be demolished if local roads are build in 2008 as planed under the preliminary design of
the road. It has been decided that the alignment proposed under the preliminary design
will be re-routed to avoid such demolition of structure.
Compensation for the loss of perennial fruit trees
This type of loss includes the compensation for perennial fruit trees that shall be logged
down due to road construction activities.
The calculation of compensation is based on the following formula:
Page 12 of 29
Step 1
Cost to purchase one seedling of the respective fruit tree
X (multiplied by)
Number of seedlings to be purchased (3GEL/ seedling)
= (equals to)
Cost to purchase new seedlings (A)
Step 2
Annual harvest from a fruit tree (in kg)
X (multiplied by)
Market price of the fruit (1 kg/GEL)
= (equals to)
Market Value of Annual Income
Step 3
Market Value of Annual Income
X (multiplied by)
The number of years required to achieve the same productivity
= (equals to)
Income lost during when new a seedling does not produce fruits (B)
Step 4
(B) X the number of seedlings = Total amount of income loss before the seedlings reach
maturity age (C)
Step 5
(A) +(C) = The replacement cost of lost fruit tree
Based on this formula the amount of compensation is calculated for each fruit bearing
perennial that shall be logged due to road construction. The data on average market
prices on fruits, annual yield and maturity years of perennial fruit trees are presented in
the table attached to the documents. (Please, see Table 3). These materials have been
prepared by the Doctor of Agricultural Science, full member of Academy of Agricultur-
al Science of Georgian and Russian Federation, laureate of State Prize of Georgia. Mr.
Gogotur Agladze. Source: Monograph on Fruit-growing in Georgia; Volume III (1973)
and Volume IV (1978) the group of authors; edited by Academician N. Khomezurashvi-
li.
The example below describes the methodology of calculating the amount of cash
compensation for the fruit bearing perennials that need to be logged down due to
road construction activities.
There are five standing peach trees in their full productivity age on the part of the land
parcel to be acquired due to road construction. These five peach trees need to be logged
down and cash compensation be provided.
The compensation amount shall be calculated according to the following formula given
above.
Page 13 of 29
The full productivity age of a peach tree starts from 6-7 years. Annual yield capacity per
one tree equals to 40-50 kg. Average market price per 1 kg peach is 1.70 GEL. Market
research proved that a three-years-old seedling can be purchased for 2-3 GEL at the lo-
cal market. The owner shall receive the additional amount to purchase the seedlings.
That means that every PAP shall receive extra 3 GEL /per each fruit bearing tree cut
down as a cost to purchase a new seedling.
In order to reach full productivity age, a 3 years peach tree seedling will need extra 4
years.
Therefore, instead of seven years it will require only 4 years to reach the full productivi-
ty age.
According to the formula given above the total amount of compensation for fruit bear-
ing perennials shall be calculated according to the following formula:
Step 1
Total cost to purchase 5 seedlings will be equal to:
3GEL X 5 seedling= 15 GEL
Step 2
Annual income loss per one fruit tree will be equal to:
40 kg X 1.70 GEL = 68 GEL
Step 3
The lost income before a seedling starts to produce fruits will be equal to
68 GEL X 4 years = 272 GEL
Step 4
The total lost income before seedlings start to produce fruits will be equal to
272 GEL X 5 seedlings = 1360GEL
Step 5
The total amount of compensation due:
15 GEL + 1360 GEL = 1375 GEL
The total compensation amount for these five peach trees shall equal to 1360 plus 15
GEL for purchase of five seedlings to replace the five logged down peach trees equals to
1375 GEL.
The amount for compensation for loss of fruit perennials has been calculated based on
this approach efficient in timing and costs.
Loss of land i.e. involuntary acquisition of the part of the land parcel
Cash Compensation for permanent loss of land within the project affected area had been
calculated based on the market prices on land. The market price on land is defined
based on the internationally proven method – Sales Comparative Approach. This me-
thod is widely used as international practice and uses comparative analyses of the prices
of land parcels sold and/or listed for sales.
Page 14 of 29
During the research of specific market segments, several specific factors have been re-
vealed that required close consideration. In particular, pursuant to the Order dated as of
January 9, 2006, Road Department of the Ministry of Economic Development of Geor-
gia, the government has stopped issuing the construction permits across the road, and
prohibited new registration of transactions on real property at the Public Register. As a
result, real property market at the given market sub-segment is less active than under
normal condition.
It is quite characteristic of local communities that the sales transactions are undertaken
only on a verbal agreement and the legal side of the transaction are neglected. This
causes the scarcity of official information on sales prices of actually undertaken sales
transactions to land.
Considering the described circumstances, it was required to extend the geographic area
of research. As the source of information on similar land parcels, public announcements
available on newspaper, and informal conversation with individuals interested in sales
of their properties and with the individuals that recently purchased agricultural land par-
cels are utilized.
The research clearly showed that land parcels that may be utilized as leisure (to build
summer house) are more expensive than those land parcels that are used for agricultural
purposes.
Aside to that, it is well known in real property practice that the sales price suggested by
the individual interested in sales of their property as a rule exceeds for 15-25% the
amount being actually paid. However, no PAP under the project can be considered to be
a volunteer owner-seller.
Agricultural land parcels
Most land parcels affected by road project are similar in their characteristic features
which allow using common parameters in determining market price. Among twenty-
three land parcels, twenty-one are of agricultural designation. The land parcels that will
be acquired are located over 12 kilometer of the project road. Their common characte-
ristic features are soil productivity, location and designation.
Therefore, the following parameters have been selected for comparison:
1) size of the land parcel to be acquired
2) sales price suggested by the owner
3) price per 1 square meter
4) location
5) access to road
6) close location to irrigation channel
Through the adjustment of the information collected for these parameters, the approx-
imate market price range has been determined.
Table provided under the Annex 4 is prepared based on the Market Price Comparative
Analyses method. Under the first column “comparables”, those general parameters that
are applicable to all twenty-one project impacted land parcels are determined. The sec-
Page 15 of 29
tion with the general title “the land parcels listed for sales” provides the characteristics
of seven land parcels selected for comparison.
The land parcels under the No.2, 4 and 6 are not comparable with the land parcels af-
fected by the project. Land parcel No. 2 has not been cultivated for a long time; the
land parcel is far from the main road and settlement area and is not irrigated. The land
parcels No. 4 and 6, although they are similar to project affected plots in that they are ir-
rigated and located close to main road and settlement areas, they are used as vineyards.
The characteristic features of the remaining four land parcels closely match the land
parcels located within the Road Project impacted area.
The price range is as follows:
No. 1 – 3.00 GEL/1 sq/.m
No. 3 – 4.00 GEL/1 sq/.m
No. 5 – 2.28 GEL/1 sq/.m
No. 7 – 3.20 GEL/1 sq/.m
Average of these figures is 3.12 GEL/sq.m. Considering the average price range of
these land parcels and the general difference between offered price and sales prices, it
has been determined to set 3 GEL / square meter of agricultural land, as land replace-
ment cost for permanent loss of land.
Non-agricultural land
The market price of non-agricultural land parcels where petrol station and restaurant op-
erate is significantly higher than that of agricultural land. This is caused by their desig-
nation and category as non-agricultural land. There are specific procedures that are re-
quired to be undertaken to change the designation of a land parcel from agricultural to
non-agricultural and the fees shall to be paid that equals to several thousand GEL per
hectare.
Tbilisi Title Company conducted some market research utilizing the same sources of in-
formation and methods. As a result of the research Tbilisi Title Company expert sug-
gested the sales price range varying between 8-12 GEL/square meter for non-
agricultural land in the given market segment.
Temporary loss of income due to lack of access road
The construction of project road will cause temporary loss or restriction of access to the
two commercial entities that exist along the project road. The contractor will build
temporary access road to allow access to such commercial entities from the motorway.
Where alternative access such as local roads does not exist, the contractor will also in-
stall temporary access road during construction to ensure mobility of local people who
farm the land located or graze domestic animals at the other side of the road. RDMED
will monitor the installation of access road.
Page 16 of 29
8. Implementation Procedures
A. Identification of landowners of the land parcels located within the East-West
8 Magistral Road Rehabilitation Project
In order for RDMED to acquire the ownership to land parcels through legally valid
manner, a field survey needs to be carried out to determine official (legal) landowners
and the location of their land parcels, and all documents to legally establish the owner-
ship needs to be collected. This is because:
o As the majority of land parcels - within new road construction corridor – are classified
as agricultural land, they do not have corresponding addresses registered at the local
Public Registers. This is the rule established for processing the registration of ownership
rights to agricultural land parcels in rural areas.
o The quality survey maps prepared by the licensed surveyor still required to be checked
and re-surveyed on site to determine the exact locations and boundaries of land parcels.
o Updated list of land owners also proved not to be available at the local Public Register.
o Land owners possess legal documents that verify their land ownership but they are not
sufficient to prove their land ownership under the Georgian legislation, since Registra-
tion Cards and Cadastral Maps are not adequately recorded and kept at the Public Regis-
ter of Kaspi Rayon.
Tbilisi Title Company team visited the site and conducted the field survey to demarcate
land parcels. The landowners, the owners of the adjacent land parcels, official repre-
sentatives of the local self government and the Survey Company participated in the field
survey. Each landowner pointed the location and boundaries of the land parcels that was
endorsed by the owner of the adjacent land parcel and witnessed by official representa-
tive of the local municipality. The land parcels were then surveyed after the boundaries
had been established. The survey was undertaken by a licensed company, ALIGATOR.
In parallel with determination of the land parcels and their owners, the Demarcation
Acts have been developed on site. The Demarcation Acts have been designed by Tbilisi
Title Company and utilized in the process of onsite demarcation. The sample of the
Demarcation Act is attached to the hereby RAP under the Section Annexes. These Acts
have been signed by the landowner, the owners of the adjacent land parcels and the rep-
resentative of the local self-government (Municipality Rstmunebuli). The sample of the
Demarcation Act is provided under the Section Annexes. The new Cadastral Maps have
been prepared afterwards. The new and existing cadastral maps have been compared
and checked.
Demarcation Acts together with the Cadastral Map served as the basic documents for
fixing the land parcel within UTM Coordinate system. Further, the demarcated land
parcels on the basis of these Cadastral Maps are being registered at the Registry Office
of Kaspi rayon Public Register.
B. Census and Inventorization
After the land parcels and their owners have been determined and the final list of the
Project Affected People (PAP) reviewed and fulfilled the number of Project Affected
People and land parcels located within the Project Affected have also been determined.
Page 17 of 29
In the process of inventorization, land parcels and real property (structure-building; pe-
rennials) attached to them have been recorded and inventoried, and the market value of
these assets have been determined. The list of assets that will be affected is attached to
the RAP.
C. Initial registration of ownership rights into the Public Register
Identification of land owners and determination of boundaries enable the registration of
land parcels and the names of their owners at the Public Register, which is necessary to
undertake the purchase and expropriation of land parcels as per the Law of Georgia on
the Rules for Expropriation of Ownership for Necessary Public Need, July 23, 1999
(#2349-rs) and the Law of Georgia on Registration of Ownership Rights to Immovable
Property (#2635-rs), December 28, 2005). According to the laws, ownership right is de-
clared legally valid only after it is registered at the Public Register, or the sales-purchase
agreement is not legally valid under active legislation. Thus all the rights identified un-
der the Law on Registration of Ownership Rights to Immovable items, such as below,
are subject to registration:
A. Ownership rights acquired to immovable items through purchase, exchange, be-
queath (giving as a gift), contract-based, identification of ownership rights, privatiza-
tion, as well as obtaining ownership rights registered at the Public Register.
B. Right to build, usufruct, mortgage and guarantee rights, also the rights to rent or lease
immovable item created based on the notarized agreement.
As a result of demarcation, landowners1 of each land parcel have been determined. The
landowners, however, must then undertake initial registration at the Public Register to
stand as legally valid owners. Land parcels and the names of their owners will be regis-
tered at the Public Register based on the signed Application. At the same time the Road
Department of Georgia will eliminate the restrictions being in force due to the Letter no.
2/23 dated January 9, 2006 against the persons identified as the Project Affected Per-
sons.
The representative of Tbilisi Title Company collected copies of the documents and the
Identification Cards of the PAP that should be submitted to the Public Register to regis-
ter their land ownership. The originals of these documents are held by the landowners.
The landowners will immediately undertake the initial registration of ownership at the
Public Register once the restriction on land transaction is lifted.
The following documents should be submitted to the Public Register for initial registra-
tion:
1. Documents that verify ownership rights: Receive-Delivery Act; or Landowners’ List;
or Tax payers’ List; or Land (Real Property) Ownership Certificate (original that may be
kept at the village Sakrebulo, Rayon Gamgeoba or already issued to the landowner).
2. Land parcel Demarcation Act, verified with the signatures of the representatives of
the local government, which determines the location of the land parcel and the name of
the owner of the adjacent land parcels.
3. Survey Map in UTM coordinate system prepared on the basis of the corresponding
land parcel Demarcation Act
1
See the list of the landowners in the Table No. 1
Page 18 of 29
4. Original and a copy of the Landowner’s Identification Card
In case a landowner is deceased, then the initial registration will be conducted on the
name of deceased person in accordance to the rules described above and afterwards the
measures necessary for inheritance shall be undertaken. The inheritance of properties
will be conducted pursuant to the Article 1323 of the Civil Code of Georgia. For in-
stance, the Komli (family) owns a piece of land within the project impact areas, but the
head of the family, under whose name the land has been registered, has been deceased.
The land will be first registered under the name of the new head of the Komli (family).
The following documents must be submitted to the Public register for conducting the
registration:
1. Application;
2. Receive-Delivery Act; or Land Distribution List; or Tax List active in the registration
period approved by the self-government (government) bodies for usage the land for
agricultural means; or Land Distribution List without graphical approval of the land al-
location;
3. Statement or Extract from the Komli records on the contents of the members of Komli;
4. In case any member of Komli is deceased, the document verifying this fact;
5. Cadastral/Inventory sketch of the land parcel and the structure-building;
6. Copy of the Identification Card.
After the procedure for inheritance is completed, payment of compensation will be con-
ducted as others.
D. Valuation Methodology and calculation of Compensation Amount
The size and scale of the properties that will be expropriated and the assets that will be
lost are established through the inventorization, and the amount of compensation that
the RDMED will offer to PAP has been calculated using a valuation methodology de-
scribed in Section 7 of the RAP.
The exact amount of compensation payable to respective PAP is determined based on
the negotiation between the RDMED and PAP, and it will be entered into the sales-
purchase agreements.
E. Expropriation/ compensation
If negotiation fails, RDMED will enter into the second phase of land acquisition, which
is land expropriation. The Constitution of Georgia establishes the right to involuntary
expropriation of property for public needs in the process of magistral motor road con-
struction. The process of expropriation will be implemented only under the Decree of
the President of Georgia and appropriate Court level. Expropriation can be undertaken
only after the compensation that is fair and equal to the market value is paid to the rele-
vant land owners. The State of Georgia has the Constitutional right to take away any
property through expropriation and payment of fair compensation in return (Article 21).
The Law of Georgia on the Rules for Expropriation of Ownership for Necessary Public
Need (July 23, 1999) defines the procedures, obligations and the rules of implementa-
tion of expropriation. The permit on property expropriation is issued by the District
(City) Court Decision on the basis of the Presidential Decree.
Page 19 of 29
The project shall resort to property expropriation only in exceptional cases as the last
resort: (i) when negotiation over the purchase price of land and other project affected
properties fails; and (ii) re-alignment of the road is impossible. The mechanisms of ex-
propriation shall be utilized in case civil works must start immediately. In such cases,
the compensation amount of this landowner shall be deposited in an escrow account and
saved at the bank account, which will be handed over to the land owner when the court
mediates the case and has determined the amount to be paid.
Processing Sale-purchase Agreements
Ownership right to the land parcel shall be acquired through processing Sales-
purchase agreements. The Sales – purchase Agreement must be notarized or approved
by the authorized representative of the Public Register. The sales-purchase agreement is
signed by the Buyer (RDEMD) and an owner-seller. The Agreement shall state the exact
amount that the buyer shall pay to the seller and the terms and conditions for the pay-
ment of compensation.
Registration of transaction at the Public Register
The RDMED will register the sales – purchase agreement at the Public Register after it
is signed by the parties. Notary fees and registration costs will be covered by the
RDMED as the buyer of the land. After the registration at the Public register, the trans-
fer of the ownership rights is considered as accomplished.
Throughout the process, the RDMED, as the agency to implement the project, will as-
sume the overall responsibility to ensure that the land acquisition process will comply
with the active Georgian legislation and the World Bank Involuntary Resettlement Poli-
cy (OP 4.12).
Page 20 of 29
9. Public Consultations, participation and Grievance Redress Me-
chanism
9 The staff members of Tbilisi Title Company and Bonifica in association with the Road
Department have conducted several meetings with local government bodies, public
register and local population.
The representatives of Bonifica, Tbilisi Title Company and RDEMD task force had
conducted several meetings with the population of the villages of Agaiani and Okami.
They once again introduced to the local population the project goals, land acquisition
procedures, explained the landowners and land users their rights. In return they re-
ceived the feedback from the users of the land parcels that are located within the road
construction corridor.
The public meetings with the PAP informed them about the valuation methodology
and the principles of compensation, land acquisition procedures, their rights and re-
sponsibilities, alternative rehabilitation measures and grievance redress mechanism.
The main idea of such public meetings is to ensure the full and deep understanding of
the entitlements of the RAP implementation procedures.
The PAP with complaint or grievance will report to the local Sakrebulo. Based on the
submitted complaint the Environmental and Land Acquisition Unit of the RDMED
shall directly contact this person and through the appropriate measures resolve the
raised issue.
Page 21 of 29
10. Entitlement Matrix
Type of
Loss Implication Category of PAP Entitlement
loss
(i) Cash compensation at replacement cost; or
HHs losing agricultural land (ii) If the resources are available the users of the State-owned land shall be
Permanent Private owners and
offered with replacement land of the same productive value.
loss of users with / without
land Severe impact titles
Re-route the alignment to avoid severe impact
Cash compensation at replacement cost that includes the cost of re-
Damage to structure Owners of the af- construction of the same structure
Loss / fected structure Re-route the alignment to avoid severe impact; if not possible cash com-
damage to Severe damage of structure
pensation at replacement costs
structure
Damage to roadside commercial struc- Owners of the af- Relocation of the structure to near and safe premise to continue with the
ture (e.g. kiosk, gas stand, restaurant) fected structure same business
Owners of the af- Cash compensation equal to the loss of expected annual harvest due to con-
fected crops struction
Cash compensation at market value on the basis of type, age, and produc-
tive value. Construction Company shall ensure free delivery of logged tim-
ber to the owner’s residence and the owner shall use logged trees for their
Loss of Loss of standing crops and trees
Owners of the af- own use. For each fruit bearing tree the amount for purchase of a seedling
income/
fected trees shall be compensated in addition to the expected loss of income from the
productive
sales of fruits.
assets
Cash compensation shall not be issued for perennial trees not bearing fruits,
but owners are allowed to use the trees logged down for their own purpose.
Loss of income for roadside business Rehabilitation measures including cash compensation at least equal to the
Business units
activities income lost due to construction
Loss of access to agricultural land Owners/users Temporary access will be set up
Structures knocked down during con- Owners of the af- Structures will be restored after the completion of construction; or corres-
Temporary struction fected assets ponding cash compensation shall be issued for restoration activities
impact Temporary access will be set up; Construction Company shall have to
Loss of income due to loss of access to Owners of the af-
reimburse temporary loss of income (Budget Table, Column 14) if it fails to
business location fected assets
ensure access road
Page 22 of 29
Annexes
Page 23 of 29
Annex 1. Data obtained from the department of Statistics of Georgia
Average annual retail market prices for the years 2000-2005
Tbilisi
Name of Product 2000 2001 2002 2003 2004 2005 Average price per 1 kg
1 Nigozi 8,45 8,35 9,28 9,40 10,60 12,20 9,71
2 Green beans 0,62 0,53 0,56 0,60 0,70 1,26 0,71
3 Beans 1,60 1,63 1,55 1,62 0,87 1,87 1,52
4 Tomato 1,39 1,15 1,23 1,61 2,10 2,10 1,60
5 Cucumber 1,15 0,87 1,04 1,34 1,71 1,80 1,32
6 Garlic 0,67 1,01 2,46 2,35 2,13 2,26 1,81
7 Potato 0,46 0,46 0,58 0,59 0,57 0,61 0,55
8 Onion 0,56 0,53 0,53 0,65 0,83 0,70 0,63
9 Wood (cubic meter) - - - - 29,71 31,36 30,54
Georgia
Name of Product
2000 2001 2002 2003 2004 2005 Average price per 1 kg
1 Wall nut beans 9,24 9,49 10,12 9,84 10,78 12,65 10,35
2 Green beans 0,88 0,71 0,90 0,67 1,73 1,19 1,01
3 Beans 1,54 1,83 1,83 1,66 1,53 1,75 1,69
4 TomatoP 1,42 1,42 1,44 1,73 2,10 1,98 1,68
5 Cucumber 1,36 1,16 1,12 1,42 1,66 1,63 1,39
6 Garlic 0,73 1,05 2,88 2,56 2,43 2,25 1,98
7 Potato 0,42 0,47 0,57 0,57 0,49 0,54 0,51
8 Onion 0,46 0,48 0,52 0,67 0,82 0,59 0,59
9 Wood (cubic meter) - - - - 29,19 34,19 31,69
Page 24 of 29
Annex 2 Data obtained from the department of Statistics of Georgia
Tbilisi
Average
price per 1
Name of product 2001 2002 2003 2004 2005 2006 kg
1 Apple 0,65 0,77 0,87 0,82 1,10 1,16 0,90
2 Pear 0,72 0,78 0,91 1,23 1,35 1,70 1,12
3 Plum 0,70 0,87 0,97 1,03 0,87 1,56 1,00
4 Peach 1,38 1,52 1,33 2,56 1,36 2,05 1,70
5 Grapes 0,97 1,50 1,64 1,76 2,46 2,36 1,78
12,2 12,6
6 Walnut 8,35 9,28 9,40 10,60 0 6 10,42
7 Nut - - - 4,52 5,29 4,43 4,75
Georgia
Average
price per 1
Name of product 2001 2002 2003 2004 2005 2006 kg
1 Apple 0,81 0,78 0,85 0,75 0,91 1,05 0,86
2 Pear 0,85 0,91 0,99 1,04 1,09 1,28 1,03
3 Plum 0,42 1,15 0,71 1,01 1,01 1,50 0,97
4 Peach 1,39 1,34 1,44 2,27 1,44 2,02 1,65
5 Grapes 1,87 1,81 1,89 2,35 2,46 4,14 2,42
12,6 11,7
6 Walnut 9,49 10,12 9,84 10,78 5 0 10,76
7 Nut - - - 3,91 4,88 4,28 4,36
Page 25 of 29
Annex 3. Table reflecting the approximate productivity of the perennials
According to age and type of a perennial)
# Type of a pe- Incomplete Approximate Annual yield Complete productiv- Approximate Annual yield
rennial productivity (kg) ity age (kg)
age
1 Walnut tree 8-10 3-4 22-25 40-45
2 Pear tree 5-6 3-7 15-20 150-160
3 Cherry-tree 4-6 14-18 12-15 60-120
4 Apple tree 3-7 3-5 10-12 80-350
5 Mulberry 5-6 3-4 10-11 15-16
6 Cheery 2-3 2-3 6-7 15-16
7 Peach tree 3-4 3-4 6-7 40-50
8 Tkemali 5 6-7 10-15 40-50
9 Dog-rose bush 4 0,5 12 7-8
10 Blackberry 3 0.2-0.5 7 4-5
11 Quincy 5 3 8-10 30
12 Apricot 4 2-3 10-12 40
13 Ceramic 4 2-3 10-12 40
Grapes (“Chime-
14 ra”) 3 0.5 4-5 4-5
15 Grapes (“Pino”) 3 0.5 4-5 2.5-3
Page 26 of 29
Annex 4 . Sample format for determination market price through Sales Comparative Approach
Comparables for Comparison (land parcels listed for sale)
Parameters for Object of ap- #1 #2 #3 #4 #5 #6 #7
comparison praisal
Price _ 24000 838 10000 15000 5025 35175 8000
Size _ 8000 1500 2500 1500 2200 3000 2500
Price per 1
sq.m. 3.00 GEL 3,00 0,56 4,00 10,00 2,28 11,73 3,20
Designation not culti- not culti- cultivated wine yard not culti- wine yard, arable
vated vated with fruit vated fruit trees
Agricultural land trees
Address/village E43-E55 section Kavtiskhevi Chobalauri Tserovani Tserovani Dzegvi Misaktsieli Agaiani
Location
vicinity to:
Main Road further from close to close to further from in 250 m across
across the road across road road road road road form road the road
Residential
area 0.5 -1 km 0.5 km 2 km 1km 0,5 km 2,5 km 0,5 km 1km
Irrigation water supply water
channel irrigated close far irrigated irrigated in yard channel irrigated
Page 27 of 29
Annex 5
Demarcation Act No___
of the
Land Parcel located within the
Georgia Tbilisi-Senaki-Leselidze Auto Road Agaiani-Igoeti E43 – E55 Section Road Construction Project af-
fected area
Date: ___________________2007
Land Parcel Location: _________________Rayon, Village ______________
We,
(Names of: the landowner, village Municipality Rtsmunebuli, representative of Rayon Municipality Gamgeoba, surveyor)
Composed the hereby Act on the following:
1. In respect with Georgia, Tbilisi-Senaki-Leselidze Auto Road Agaiani-Igoeti E43 – E55 Section Road Construction
Project the survey and demarcation activities have been undertaken to land parcel located on the territory of village
____________ and is under private ownership of
___________________________________________________________________________________
(landowner’s full name and ID number)
2. The location and the boundaries of the stated land parcel are endorsed and confirmed by:
Chief land arranger of ____________rayon:
___________________________________________________________________________________
Owner of the land parcel:
___________________________________________________________________________________
Owner(s) of the adjacent land parcel:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
Full name: _____________
Representative (Rtsmunebuli) of _______________ rayon Municipality in village ______________
3. We, hereby endorse the fact of conducting Demarcation and survey activities to the stated Land Parcel:
Land parcel Owner:
___________________________________________________________________________________
Full name: _____________
Representative (Rtsmunebuli) of _______________ rayon Municipality in village Agaiani
__________________________________________________________________________________
Land surveyor:
__________________________________________________________________________________
Representative of _____________ rayon Municipality Gamgeoba
_________________________________________________________________________________
Page 28 of 29
Page 29 of 29
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