GOVERNMENT OF POLAND MINISTRY OF INTERIOR AND ADMINISTRATION OFFICE FOR NATURAL DISASTER RECOVERY MINISTRY OF ENVIRONMENT RZGW Gliwice RP316 Volume 4 l | F ODRA RIVER BASIN FLOOD l . PROTECTION PROJECT component A RACIBORZ DRY POLDER | Resettlement Action Plan . I lI' | ~~~~~~August 2005 Document control sheet Form IP180/B Client: PCU Project: Odra Flood Mitigation Job No: J24201A Title: Draft Resettlement Action Plan Prepared by Reviewed by Approved by ORIGINAL NAME NAME NAME P Devitt L J S Attewill see list of authors H Fiedler-Krukowicz J Loch _ATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE This report, and information or advice which it contains, is provided by JacobsGIBB Ltd solely for intemal use and reliance by its Client in performance of JacobsGIBB Ltd's duties and liabilities under its contract with the Client. Any advice, opinions, or recommendations within this report should be read and relied upon only in the context of the report as a whole The advice and opinions in this report are based upon the information made available to JacobsGIBB Ltd at the date of this report and on current UK standards, codes, technology and construction practices as at the date of this report. Following final delivery of this report to the Client, JacobsGIBB Ltd will have no further obligations or duty to advise the Client on any matters, induding development affecting the information or advice provided in this report This report has been prepared by JacobsGIBB Ltd in their professional capacity as Consulting Engineers. 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I Authors 3 The Report ,,Resettlement Action Plan" for Racib6rz flood protection reservoir project has been prepared by consortium of JacobsGIBB Ltd. and JacobsGIBB Polska. Following authors contributed to RAP: * JacobsGIBB Ltd team: - Laurence Attewill - Paul Devitt - Ros Vincent - Karina Zachodni * JacobsGIBB Polska team: -Jakub Loch - Joanna Tomaszkiewicz - Hanna Fiedler- Krukowicz I - Julia Cichoni - Krzysztof Czechowski 3 property surveyors team: - Ryszard Szymkiewicz - Leszek Krawczyk - Monika Burghart * lawyers team: - Anna Szczurek - Pawet Kaminski * sociologists team: Katarzyna Puchalska - Pawet Kuczynski *computer systems and data bases team: - Bartosz Czyzkowski - Aleksandra Paterek - Michal Juda I I I U U Contents 1 General Information about Raciborz Project 1-1 1.1 Project Description 1-1 1.1.1 Background 1-1 1.1.2 The existing flood protection scheme 1-1 1.1.3 The planned reservoir 1-1 1.1.4 Objective 1-1 1.1.5 Social Impact 1-1 1.2 Project area 1-1 1.2.1 Total reservoir footprint 1-1 1.2.2 Area required for reservoir construction 1-1 1.2.3 Areas of buildings within the reservoir 1-1 1.2.4 Other areas within the reservoir 1-1 1.3 Minimising resettlement 1-1 1.3.1 Alternative embankment alignment 1-1 1.3.2 Other alternatives 1-1 1.3.3 Reservoir area not required for construction 1-1 1.3.4 Summary 1-1 1.4 Decisions already taken 1-1 2 Socio economy 2-1 2.1 Socioeconomic data 2-1 2.1.1 The villages and their past 2-1 2.1.2 Population and demography 2-1 2.1.3 Economy and employment 2-1 2.1.4 Land use and agriculture 2-1 2.1.5 Infrastructure 2-1 2.1.6 Access and transport 2-1 2.1.7 Communal Facilities 2-1 2.1.8 Education and healthcare 2-1 2.1.9 Church and cemetery 2-1 2.1.10 Historical and cultural features 2-1 2.2 Built assets 2-1 2.2.1 General 2-1 2.2.2 Residential buildings 2-1 2.2.3 Farm- and other ancillary buildings 2-1 2.2.4 Commercial buildings 2-1 2.2.5 Community assets 2-1 2.3 Natural assets 2-1 2.3.1 Woodland habitats 2-1 2.3.2 Gravel excavation 2-1 2.3.3 Tourism opportunities 2-1 2.4 Categories of impacts and people affected 2-1 2.4.1 Resident Project-Affected Persons 2-1 2.4.2 Resident Project-Affected Families 2-1 l 2.4.3 Land owners 2-1 2.4.4 Businesses 2-1 2.4.5 Lubomia Gmina 2-1 2.4.6 The church 2-1 2.4.7 Arka Hostel for the Homeless 2-1 2.5 Public consultations & disclosure 2-1 1 2.5.1 Background 2-1 2.5.2 Residents surveys 2-1 2.5.3 Public meetings with Nieboczowy and Ligota Tworkowska residents 2-1 2.5.4 Notification of investment 2-1 2.5.5 Defence Committee 2-1 2.5.6 Non-residents land owners 2-1 2.5.7 Individual consultations with owners of sold property 2-1 2.5.8 Other consultations (local institutions) 2-1 2.5.9 Disclosure of RAP 2-1 I 2.6 Appeals against location decision 2-1 2.7 Conclusions 2-1 3 Legal Framework 3-1 l 3.1 Introduction 3-1 3.2 Polish law applicable to resettlement 3-1 3.2.1 Definitions 3-1 J 3.2.2 Legislation 3-1 3.2.3 Voluntary resettlement 3-1 11 3.2.4 Involuntary resettlement 3-1 3.3 World Bank policies 3-1 3.3.1 Objectives 3-1 l 3.3.2 Eligibility 3-1 3.3.3 Compensation 3-1 3.4 Gaps between local laws and World Bank policies 3-1 3.4.1 Eligibility 3-1 3.4.2 Compensation 3-1 * 3.4.3 Adoption of World Bank Policies 3-1 3.5 Proposed entitlement policy 3-1 3.5.1 Eligibility 3-1 3.5.2 Compensation 3-1 3.6 Method of evaluation 3-1 l 3.6.1 Legal aspects 3-1 3.6.2 Method 3-1 3.6.3 Houses already purchased 3-1 3.7 Compensation entitlements 3-1 3.7.1 Residents 3-1 3.7.2 Land owners 3-1 3.7.3 Land leasers and other PAP's 3-1 3.7.4 Loss of enterprises 3-1 3.7.5 Religious property 3-1 1 3.7.6 Summary 3-1 lIl 1 1 1 1 1 1 1 4 Implementation 4-1 4.1 House purchase 4-1 4.1.1 Voluntary house purchase (negotiation purchase) 4-1 4.1.2 Involuntary house purchase (expropriation) 4-1 4.1.3 Illegal occupiers 4-1 4.2 Land acquisition for construction purposes 4-1 4.2.1 Negotiated purchace 4-1 4.2.2 Land Exchange 4-1 4.2.3 Acquisition of State Treasury land 4-1 4.3 Lease holders 4-1 4.4 Enterprise 4-1 4.5 Resettlement village 4-1 4.6 Allocation of responsibilities 4-1 4.6.1 RZGW 4-1 4.6.2 Voivodship 4-1 4.6.3 Starosty (Poviat) 4-1 4.6.4 State Poviat Sanitary Inspector 4-1 4.6.5 Gmina 4-1 4.6.6 Agriculture Real Property Agency (ARPA) 4-1 4.6.7 Church authorities (Curia) 4-1 4.6.8 NGO's 4-1 4.7 Coordination and management 4-1 5 Resettlement sites 5-1 5.1 Introduction 5-1 5.2 Description of possible sites 5-1 5.2.1 Lubomia - Paprotnik 5-1 5.2.2 Lubomia-Zagrody 5-1 5.2.3 Syrynia-Dabrowa 5-1 5.3 Village layouts 5-1 5.3.1 AGO-Projekt proposals 5-1 5.3.2 Recommended layout 5-1 5.4 Provision of public services 5-1 5.5 Cost of houses and infrastructure 5-1 5.5.1 Land 5-1 5.5.2 Infrastructure 5-1 5.5.3 Buildings 5-1 5.5.4 Summary 5-1 6 Cost estimates 6-1 6.1 General 6-1 6.2 Houses and associated property 6-1 6.3 Resettlement village 6-1 6.4 Other buildings 6-1 6.4.1 Public buildings 6-1 6.4.2 Religious property 6-1 6.4.3 Commercial property 6-1 3 l 6.5 Infrastructure 6-1 6.6 Land 6-1 1 6.7 Legal, evaluation and administration 6-1 l l 6.8 Summary 6-1 6.9 Cash flow and schedule 6-1 6.9.1 Cash flow 6-1 6.9.2 RAP Implementation schedule 6-1 7 Participation and consultation during implementation 7-1 7.1 Communication 7-1 7.1.1 Written communication 7-1 7.1.2 Media 7-1 7.1.3 New web site 7-1 3 7.2 Participation in design of resettlement village 7-1 8 Grievance redress 8-1 3 8.1 Grievance procedure according to Polish regulations 8-1 8.2 Appeals to international bodies 8-1 1 9 Monitoring and evaluation 9-1 9.1 Monitoring 9-1 9.1.1 Need 9-1 9.1.2 Methodology 9-1 l 9.2 Independent evaluation 9-1 10 List of sources used 10-1 Appendix A - Socio -economic database Appendix B - Legal framework Appendix C - Property evaluation and cost estimates Appendix D - Public opinion documentation Appendix E - Proposals for public related actions I 1I . General Information about Raciborz Project 1.1 Project Description 1.1.1 Background Large floods on the Odra and its tributaries are frequent: four floods were recorded in the 19th century and twelve in the 20th, that of July 1997 being the largest ever recorded. It was caused by extremely heavy rain, with some meteorological stations recording as much as 400mm over a four day period: the total July rainfall was four times that of the long term average. As a result an area of some 750km2 was inundated in the three Voivodships of Slaskie, Opolskie and Dolnoslaskie damaging 37,000 buildings, 866 bridges and over 2,000 km of roads. The intangible damages comprising the costs of rescue, stress, loss of production etc were also considerable. 1.1.2 The existing flood protection scheme The existing flood prevention system of the Upper and Middle Odra River was completed in its main outline in the 1930's following the flood of 1903. Subsequently the system, which comprises reservoirs, polders, relief channels and dykes has been extended and modernised. Although the Racib6rz Reservoir was first conceived in the 1 gth century the project was not implemented so far. The magnitude of the 1997 flood substantially surpassed the capacity of the flood defence system, resulting in overtopping and breaching of the flood protection dikes. 1.1.3 The planned reservoir Racib6rz Dolny reservoir - operated as dry flood protection reservoir - was subject of the Feasibility Study completed in 2003 and RZGW Gliwice now pursues its construction. The Raciborz Dolny Flood Reservoir (hereafter referred to as Raciborz reservoir) with a flood storage volume of 185Mm3 will be created in an area situated on either side of the river between the town of Raciborz and the Czech Republic border. The alignment finally selected, after a technical and economic consideration of alternatives performed within Feasibility Study, is that originally proposed as the base option. The plan of the reservoir is shown in Figure 1.1 at the end of this section. The reservoir will be formed by an earth embankment with a maximum height of 10.5 m and some 22 km length. In addition to the embankment, which will be constructed entirely of materials excavated from within the reservoir area, the project involves the following ancillary structures: - Outlet works and other appurtenant structures - Raciborz town outlet - Psina river diversion - Drainage system RAP-August-PrintVAug-05 1-1 1 1.1.4 Objective The prime role of the project is to reduce the frequency and severity of flooding in the upper Odra. This will be achieved in two ways: i) the reservoir will provide flood storage so that the flow rate downstream of the reservoir will be greatly reduced, as the effectiveness of the existing flood I defence system in containing the flows will be improved. ii) Secondly the reservoir will delay the timing of the flood peak at the confluence of the Nysa Ktodzka with the Odra so that the adverse l combination of the two floods that was so damaging in 1997 is very much less likely. I 1 .1.5 Social Impact Raciborz Dolny reservoir is a public project, that will secure flood safety for many cities, towns and villages in upper and middle Odra river valley. The residents of Raciborz, Kedzierzyn-Kozle, Opole, Brzeg, Krapkowice, Otawa, Wroclaw and many riverside municipalities in slaskie, opolskie and dolno§lqskie voivodships - a total of i 2.5 million people, who live in the area that was inundated during July 1997 flood, wish that such a tragedy will not occur again and they are waiting for quick * implementation of the project. Raciborz Dolny reservoir will occupy about 2,600 ha of mainly agricultural and residential land, and the resettlement of two villages: Ligota Tworkowska and Nieboczowy containing some 260 families. In this stage of the development the reservoir will remain dry except at peak flood periods, when it would be inundated for short periods of a few days to a few weeks. Under these conditions farming, but not residential occupation, could continue, with the risk that crops could be lost during inundation. Each of the two villages gives the overall impression of relative prosperity, stability 1 and high standards of maintenance. Some of this is due to renovation work undertaken since the floods of 1997, but much is due to more enduring social influences. Many of the inhabitants have, or did have, jobs in one of the I neighbouring towns, or on the coal mines, and also have small farms. The income from these sources has been invested substantially in improvements to the land and buildings as well as in new buildings. The previous survey results show high levels I of residential stability, sometimes over several generations. These factors contribute to the reluctance of the residents to leave. l 1.2 Project area 3 1.2.1 Total reservoir footprint According to the location decision document the total area required for the Raciborz Dolny reservoir is 2626 ha, distributed in 4 gminas as presented in Table 1.1. l RP-PAugust-PrintlAug-05 1-2 Table 1.1 Total Raciborz reservoir area by gminas h a _ _ _ _ _ _ _ _ _ _ _ _ Lubomia 1065 40.6 Raciborz 612 23.3 Kornowac 37 1.4 Krzyzanowice 912 34.7 Total 2626 100 1 1.2.2 Area required for reservoir construction The area of land required for construction of the reservoir structures totals approx. 960ha, or 37% of the total foot print (rough estimation of Hydroprojekt-Warszawa that is preparing the building design). This area comprises: * The footprint of the embankment, width varying between 40m and 1 20m according to the height of the embankment above ground level * Necessary access track along the downstream toe, 3m to 5m wide * A 1 OOm wide cordon upstream of the upstream toe (1 50m along the main dam) * A strip of land, situated upstream of the cordon which is designated as borrow area to supply the earthfill for construction, up to 500ha of total area * An area for the contractors offices and construction yard, 3 sites of total area 1 Oha * Site haul roads, which will generally be accommodated within the cordon and upstream reserve. This area must be acquired by the RZGW with high priority. The only plot with residents within this area is that of "Arka" hostel for homeless people (2ha). 1.2.3 Areas of buildings within the reservoir The area of plots with buildings in Nieboczowy and Ligota Tworkowska villages is 185.6 ha (see Table 6.1). The inhabitants cannot stay within the reservoir and all the buildings and other structures have to be removed (demolished) therefore this area must also be acquired with high priority. 1.2.4 Other areas within the reservoir The difference between the reservoir footprint and the area required for construction and areas of buildings lies within the reservoir and although it will be subject to increased frequency and severity of flooding, this land can continue to be farmed or used for gravel extraction. 1.3 Minimising resettlement 1.3.1 Alternative embankment alignment An alternative alignment of the right bank dike was considered during the course of the feasibility study. This alternative alignment, which was based on a proposal made by the Nieboczowy Defence Committee, protected the village from flooding. RAP-Aug ust-PrintlAug-05 1-3 The principal characteristics of the alternative and the base case alignment are summarised in Table 1.2 below: Table 1.2. Comparison of base case and alternative alignment i Characteristic Base case alignment Alternative alignment Length of embankment (km) 22.35 27.25 Surface area of flood storage (kM2) 26 23 Embankment volume (Mm3) 7.4 11.8 Flood storage volume (Mm3) 185 150 Population to be resettled 704 172 Total cost (PLN million) 646 645 % decrease in benefits __-8.2% The alternative alignment was ultimately rejected because: * Sustainability: the additional problems of surface water drainage and the negative impact of the dike on property prices in the village * Concerns of the increased risk to the inhabitants * It gives a considerably lower economic internal rate of return l 1.3.2 Other alternatives Other alternatives, discussed during the course of the World Bank mission in March, 2004, were studied in outline and were rejected on the grounds of impracticability. 1.3.3 Reservoir area not required for construction l In order to minimise the social impact of the reservoir, the purchase of those areas inside the reservoir perimeter not required for construction and without buildings can be deferred to the end of construction of the reservoir in 2012 and then leased back to their previous owners for agricultural use. The lease back would be on preferential terms which recognised the increase probability and severity of flooding. 1 1.3.4 Summary On the basis of the findings of the Feasibility Study, it is has been concluded that: * Dry flood protection reservoir shall go ahead * The original (base) alignment should be retained 3 * That all the land within the footprint should be acquired by RZGW 1.4 Decisions already taken 3 RZGW applied to the Gmina authorities for a Location Permit for the reservoir on the original embankment alignment. Because the Wojt (Chief Administrator) of the Lubomia Gmina refused to give the required decision the Wojewoda Sla,ski (the Voivode) became the competent authority to give this decision, and the permit was granted on the 5th July 2004 with the clause of immediate execution. Following the decision RZGW have commissioned Hydroprojekt Warszawa to 3 prepare the detailed design of the reservoir, again based on the original alignment. The location decision was subject to appeal and when Minister of Infrastructure upheld the decision, a complaint was lodged to the Administrative Court, a response I to which is pending. However this complaint does not stop the execution of the decision. The execution could be stopped in whole or in part only by relevant l decision of the court and such a decision was not issued so far. Therefore the RAP-August-PrinVAug-05 1-4 l _ _ _ _ _ _ _ _ _ _ _ _ _ _ Investor can proceed with implementation of the Project including all activities related to property and land acquisition and resettlement of affected people. Fig.1.1 GENERAL LOCATION PLAN OF THE ,,RACIBORZ" RESERVOIR Audn il. ~~~ :- -1-' -~ ;~~~~~~4 a v~ -_ r..-Augst-Prlrt/Ai9-0 1-5 3r~~~~~~~~~~~~~~ ~ ~ ~ ~ ~ ~ ~ ~ T - A8l~sn4~a - -.owi W. ___ s~~, . e* at 1~ I !~~~~Ru~~~ysZ ~ ~ ~ ~ C RAP-August-Pnnt/Aug-05 15~~~~~~~~~ 1 2 Socio economy 1 2.1 Socioeconomic data The electronic data files form the basis for the socioeconomic analysis and are I presented in Appendix A. These files were constructed by compilation of data collected during 1998-2005. The sources of information are quoted in the text. l These data are sufficient for the RAP. Appendix A covers the following data sets: Al Real estates in Nieboczowy and Ligota Tworkowska (1998) covered by the stocktaking process - each real estate (occupied in the past and/or currently l occupied) located at one single address is called "the household"; A2 Results of the quantitative questionnaire surveys - Nieboczowy and Ligota l Tworkowska inhabitants household survey (1998 and 2002); A3 Socio-demographic data concerning inhabitants of the two affected villages based on I * the household surveys from 1998 and 2004 * population register - PESEL data base (national ID number database), obtained from Gmina Lubomia, I * information obtained from the Lubomia Gmina Office (3rd Quarter of 2004); A4 Results of brief survey of households already purchased by the RZGW (2004); A5 Cadastral data (land register) concerning land plots found within the Project area (whole plot or its part within the reservoir footprint). Data was prepared from the register obtained from Geodetic Departament of Raciborz Starosty, Wodzislaw SI. Starosty and Raciborz City Office and dated January- March 2004 (documentation prepared by GEO-ROL Geodetic Services in Rybnik). A6 Results of analysis of the secondary sources of information (2004) - e.g. data concerning 43 resident households that did not appeal against location permit to the Ministry of Infrastructure. and A7 Reservoir area land use map. l These data will be supplemented by household questionnaires at the point of negotiations, which will serve as a baseline for monitoring. 3 2.1.1 The villages and their past (a) Nieboczowy * In 2004 there were 564 residents of Nieboczowy (Source: PESEL base, 2004). The history of both villages, Ligota Tworkowska and Nieboczowy is long and rich. The earliest historical account mentions Nieboczowy as a hamlet of loggers who cut the oak forest and floated the logs on Odra River. Prince Przemystaw donated the oak forest in the Odra River valley to Raciborz residents in 1290 as recognition of their l bravery. The name of the hamlet refers to "hamlet out of the way" or "hamlet at the 2-1 I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 1- -1 -6 . ___ _7-__ _ __ birth rate | migration O Wodzislaw Poviat 0,9 -0,8 * Cieszyn Poviat 0,9 1,4 O Raciborz Poviat 0 -6,8 O Rybnik Poviat 1,1 -2,3 * Rybnik city 0,3 1,6 Source: Wodzislaw Starosty 2005 .(,,Local Development Plan for Wodzislaw Poviat 2005-2013'). The higher percentage of people working in industry (56.2%) than the voivodship average (45.8%) is the main feature of Wodzistaw poviat labour market. And on the contrary employment in commercial services (eg. trade, services, transport, property market) is rather low (19.8%) in comparison to Silesian Voivodship average (30%). The rising demand for energy resources impacts on mining profitability and therefore increases the demand for qualified mining workers. A new technical mining school has been opened in Wodzistaw Poviat (with guarantee of employment for its graduates) and a field department of Mining and Steel Academy (AGH) from Krak6w. In October 2004 the registered unemployment rate in Wodzistaw Poviat was 17.1%. The majority of unemployed (58%) are women. With respect to age breakdown young people between the age of 18 and 24 form the most numerous group, with 36.1% of all unemployed. Table 2.4. Unemployment in Wodzisiaw, Raciborz and voivodship Registered unemployment of that Unemployment POVIAT Ttl Women Long Under 24 rate POVIAT Total Women | unemployment* years* Silesian voivodship 307991 56.1 50.8 25.4 16.7 Raciborz 4541 60.9 46.1 26.7 13.3 Wodzislaw 8626 57.9 45.0 36.1 J 17.1 Notes: * as for 30.09.2004. Source: Wodzislaw Starosty (as for 31.10.2004.) 2-4 There are a number of small businesses in the project area. Most are dependent mainly on customers from Nieboczowy and Ligota Tworkowska. An attempt was made to survey small businesses in the reservoir area, but the proprietors were unwilling to participate. It is therefore necessary to base our estimates on observations, secondary data and estimated values. 3 Table 2.5 Affected businesses Nieboczowy Ligota Tworkowska Agriculture 1 Pig farm 1 Chicken farm 1 Chicken slaughterhouse Light Industry and services 3 Mechanical workshops 1 Electroplating works 1 Bakery 1 Workshop 1 Refuse collection 3 Gravel mines ShoDs, cafes, hotels I 1 Tourist resort and leisure centre 1 Shop 1 Tourist resort now defunct 1 Shop I 1 Restaurant 2 Bars Source: Property surveyors report (Appendix C)and RZGW data. A few owners have already sold their business to the Investor (RZGW). They have been allowed to continue their business activity in the old location until they re- establish their business somewhere else. It is favourable solution for them and their employees as they will not suffer from the loss of income. 3 The main external labour market for residents of Nieboczowy and Ligota Tworkowska are neighbouring coal mines. 3 According to archival data of the 1997 questionnaire survey, presented in the table below, 25 adults out of 16 properties purchased by November 2004 by the RZGW households were in employment, with more than a half (52%) of them employed in Wodzislaw Poviat, 32% in Racib6rz Poviat and 16% elsewhere. Table 2.6. Employment outside the two villages (16 households sample) 1 Location of employment Number of people. Racib6rz 7 Lubomia 6 U Krzyzanowice 1 Nieboczowy 2 Pszow 5 * ~~~~~~~~Other 4 Total number of people 25 l Source: Own estimation based on residents opinion poll from 1998 and survey of households purchased by RZGW (November 2004). 2-5 An important factor that affects sources of revenue of the people of Racib6rz County used to be and still is the seasonal employment in Germany. The residents also often seek employment in Holland, in trade business, and sometimes decide to emigrate (Germany in the first place). Of 31 owners who sold their property to the RZGW three now live in Germany. Table 2.7 Non-agricultural sources of income (31 households) Old-age penlsion/ Owners do not live Village Permanent or Own business disability pension at the household Total casual work (as the sole livelihood) Nieboczowy 6 1 2 0 9 Ligota 11 0 4 7 22 1 6 1 6 7 31 Total (51.6%) (3.2%) (19.4%) (22.6%) (100%) Notes: * with 3 of them getting their livelihood in addition from agriculture, and one - from horticulture ** car repair * owners live with families in another place in Poland (4) or in Germany (3) Source: Own estimation based on data from 31 households purchased by RZGW (November 2004). 2.1.4 Land use and agriculture In spite of the very high industrialization that characterizes the Silesian Province the arable lands still account for more than a half (50.5%) of its total area. (Source: Ministry of Agriculture and Rural Area Development) Agriculture of Wodzislaw Poviat is technically above the low all-Poland average. But still this area is not much different from others in Poland in terms of land ownership and size of farmsteads. As in the rest of the country small farms of only a few hectares dominate. Figure 2.2. Percentage of employment in different sectors in chosen poviats 60 7ee4 DWodzlslaw Poviat 50l ; Raclborz Poviat 40- i , 30 - I ... -.-s { 20 agriculture, forestry, industry commercial services non-commercial services fishery Source: Wodzislaw Starosty 2004 2-6 3 Based on the 2002 household survey it is estimated that in Nieboczowy and Ligota Tworkowska some 10.7% of the residents generate some part of their income from farming activities. The percentage of farming houlselholds is higher in Ligota * Tworkowska and it is 15.2 %, while in Nieboczowy it is 9.3%. This estimation is however subject to a substantial margin of error because the percentage of missing data reported in the 2002 household survey. The current uses of land where the reservoir is planned are presented in Table 2.8. Table 2.8. Land use of planned reservoir area. [-Kind fian ~ ~ ~ ~ d Agricultural lands 1853.58 Forests 147.51 I Coppices 14 Waters 184.56 of that: I ~~~~~~~~stagnant waters (ponds, lakes) 124.99 flowing waters (rivers) 59.57 Ditches 24.84 f Mineral/aggregate excavations 16.74 Transport areas 53.39 Residential areas 39.98 * of that: built-up areas 28.86 unbuilt areas 0.16 green lands 10.96 various lands 3.98 Waste lands 292.3 I Total 2626.9 Source: Property surveyors elaboration (Appendix C) 2.1.5 Infrastructure Both Ligota Tworkowska and Nieboczowy have water supply, power and terrestial telephone networks B (a) Water-supply and sewerage systems The two villages are served by a local water treatment plant drawing from J groundwater. Nearly all the houses have piped water from this supply. There is no central sewage system. Each dwelling has its own septic tank or shares * with neighbours. I There is no school in the smaller village of Ligota Tworkowska either. Children of school age in this village go to one of the primary or secondary level schools in Lubomia (2 schools) or Syrynia (2 schools). The suprasecondary teaching facilities are offered in Wodzislaw or Racib6rz. There are no health service centres or pharmacies in Nieboczowy or Ligota Tworkowska. These facilities are found in Lubomia and Syrynia, both of which have one of each (Source: Lubomia Gmina) 2.1.9 Church and cemetery Nieboczowy brick church of Saint Josef the Worker was erected during 1929-1931 according to design of Jan Affa. During 1957 - 1959 it was rebuilt and its interior was re-furnished. The bishop has indicated that the church will not be rebuilt and the existing parish will be merged with the one in Lubomia. The small chapel in Ligota Tworkowska - some 116m2 - was build in 1902. Most probably this chapel will be given to Grab6wka which, as Ligota, is a small administration area headed by the village council (207 residents) and has no church of its own. The transfer of the chapel from Ligota to Grab6wka will occur only after the last residents of Ligota leave their places of residence. The transfer of the chapel to Grab6wka will mean not only a rescue for the 100-year old building but also will preserve memories of those who were married there, or baptized their children, or said requiem masses to commemorate their close ones. The parish cemetery serves Nieboczowy, while the Ligota Tworkowska community is served by other cemeteries, including Bukow. After the location decision is final and binding the curia will close the cemetery and no new burials will be allowed. In 2004 there were 370 graves at the cemetery. Most of them illustrate the relative wealth of the residents found in that region: 270 are made from terrazzo or stone. In the future the cemetery will have to be relocated to an agreed site outside the reservoir area. A new site has not yet been identified but the new cemetery in Lubomia has room for expansion. An object of a high symbolic value is the cemetery chapel that should be relocated together with the rest of the cemetery. 2.1.10 Historical and cultural features The two villages posses a number of examples of local cultural heritage. They can be called the common good - an element of heritage of the communities that live there. Objects like those (apart from church, chapel and cemetery) are wayside shrines and crosses. 3 wayside shrines (all of them in Nieboczowy) and 6 stone crosses plus 1 made of wood are recorded. The cultural value is the feature of not only of the sacred objects but also that of the ordinary ones that serve the everyday life. Amongst those there are two voluntary fire brigade stations, recreation room with library in Ligota, and the Nieboczowy Sports Club with its football ground. The House of Bread run by Salvatorian priests in Nieboczowy serves as a community meeting center. 2.2 Built assets 2.2.1 General The tables presented below and summarizing information on built assets within planned reservoir area are based on archival data (1998, 2002) and on the property 2-10 surveyors report, prepared in October 2004 and attached in Appendix C. Some data is only estimated. Full and up-to-date information will be available from amended data base (new field inventory is required). Built-up real estates that are affected by the investment can be broken down into the I following categories: - Residential buildings - Farm- and other ancillary buildings I - Commercial buildings - Community assets 1 2.2.2 Residential buildings According to the available data there were 178 residential buildings in the villages of Ligota Tworkowska and Nieboczowy. It should be stressed that the number of houses is not equal to the number of households; in some households there are two residential buildings on the same I plot. The number of houses changes with time. The buildings in households already purchased by RZGW are demolished and removed to avoid squatters living there (see Table 2.2). There were 40 inhabited houses in Ligota Tworkowska, including 27 farms. There were 136 inhabited houses in Nieboczowy, including 98 farms. | | The total usable area of residential buildings has been estimated at 25,454 m2. A half of these buildings is older than 50 years. | Table 2.12 Age of residential buildings (N=178). I # Erection yoar of NumbOr and residential building pereo.fte of -__ __ __ ___ _ _ -buHid sng - 1 2000-1991 2.85% 1990-1981 6.2% 1980-1971 13 7.3% 1970-1961 28 _____ _____ _____ _____15.7% l 1960-1951 32 _____ _____ _____ _____18.0% 1950 - or earlier 89 ____ ____ ____ ____ ____50.0% Total 100% Source: Property surveyors elaboration (October 2004) 2.2.3 Farm- and other ancillary buildings Some ancillary buildings are located on farms and residential plots. No inventory of these buildings is available. Some estimates have been made based on * questionnaire study (without distinction between two villages). Total usable area of the multi-function farm buildings is 32.370m2 approx. and an average usable area of a farm building is 195m2. 2-11 Only five farms practice specialized stock farming. The total area of livestock buildings designed for this purpose is 6900ml. Existence of a garage was declared by 83 (46.4%) of the questioned owners, although the brick free-standing garage that constitutes a separate object is seen in 41 households. The average usable area of a free-standing garage is 38m2. 2.2.4 Commercial buildings There are 14 commercial units in the affected area. Table 2.13. Commercial buildings in Nieboczowy and Ligota Tworkowska -N. cn*- ~ Craft workshop 2 112 3 168 Grocery 1 480 1 480 Bakery 0 1 356 Bar 0 2 710 Cafe 0 1 355 Recreational 0 2 1890 centre Gravel pit 0 ______ ______ 1 (3) _______ 1830 Source: Own elaboration based on property surveyors elaboration (October 2004) 2.2.5 Community assets There are 22 community assets in the affected area. Table 2.14. Community assets in Nieboczowy and Ligota Tworkowska Llolt TwOrko'iiiaka- Nleboozwy Deacriptipi Quanftit Quarnt- Church 0 1 6100 Chapel 1 350 0 Cemetery 0 1* L Fire brigade building 1 310 1 4500 Kindergarten 0 1 1750 School 0 ° 1 House of Bread** 0 1 1780 Village recreation 1 1350 0 room Sport club 0 1 384 Wayside shrines 1 4 Crosses 2 5 2-12 Notes: * In 2004 there were 370 graves on local cemetery. I ** This is a religious house for people in need Source: Own elaboration based on property surveyors elaboration (October 2004) 2.3 Natural assets * 2.3.1 Woodland habitats The largest forest complex in the Raciborz reservoir area is Tworkowski Forest. It is one of the few wet forests in the Upper Odra valley with a relatively well preserved natural forest community structure. While the forest is of no importance for economy, it forms a valuable area for nature conservation. The forest's value and its ecological importance are analysed in the Environmental Assessment Report. 2.3.2 Gravel excavation Information on mineral resources within the reservoir area is based on detailed geological surveys assessing the depth of gravel and location of useable soil materials for construction and for exploitation. It was estimated in the Feasibility Study that around a 100 million m3 of gravel would be potentially available for extraction from the Raciborz reservoir area. Gravel workings are largely dependent on the demand for gravel at any time and this is closely linked to general economic development. If the demand for gravel in the Raciborz hinterland is about 2-2.5 million m3 per year the extraction activity would continue for 40-50 years after the completion of the reservoir. I The current trends in land use in the reservoir area are likely to continue. These trends include the continuation of the very gradual expansion of gravel extraction works in the reservoir area, resulting in gradual increase in wetland habitats formed by extraction. There should be environmental benefits as gravel pits replace agricultural land and valuable habitats can be created. A similar process has been observed within Bukow polder area that was largely a product of mineral extraction I and change in land use following bund construction. In particular the area was found to support a complex of wetland habitats and a range of valuable and protected flora and fauna particularly amphibians. The continued exploitation of gravel and the way it is planned and controlled is likely to have a significant influence on the environment within the reservoir area. Coordination will be required between those responsible for the approval and letting of concessions for mineral exploitation and those responsible for reservoir project I development. This is necessary to ensure that project design requirements and recommendations for environmental /social mitigation are fully are taken in to l account in all relevant planning decisions and resource exploitation conditions. 2.3.3 Tourism opportunities l The reservoir area with small ponds will provide some potential for local recreation activities and habitat creation. The area presents planners with an opportunity to coordinate activities to make the most of opportunities, for example this would I involve ensuring that important features such as the Tworkowski forest, associated meadows and river channels are protected and paths through the wetland complex are formed. Types of activities that could be suitable include formal and informal recreation such as fishing, walking, cycling, bird watching. It could also become a useful resource for nature conservation education, which could be used by local schools and colleges. This option could allow a diversity of uses as well as creating | a valuable nature conservation area. 2-13 I Investment in facilities will still be required and these will be constrained within the reservoir bowl by the relatively frequent filling of the reservoir. 2.4 Categories of impacts and people affected All persons directly affected by the project, ie. owners of houses, other structures and of land within reservoir area have been informed in a letter that the administrative procedure for granting location decision had been instituted. Then all of them received a copy of a location decision and those who have appealed received a copy of decision of Minister of Infrastructure that upheld the reservoir location decision. Project-affected persons comprise as follows Direct impact: * People who live in the reservoir area - ca 700 (two villages) * People who own land in the reservoir area and live outside - ca 850 owners + their families * People who own or are employed by businesses located within the reservoir area (mainly residents) Indirect impact: * Residents of the Gminas living outside the reservoir area * People associated with the church and the hostel The impacts on these people is described in sections 2.4.1 to 2.4.7 below There are two different approaches to describe residents of the two villages: * By identifying persons - PAP - Project-Affected Persons - 2.4.1 * By identifying households - PAF - Project-Affected Families - 2.4.2 2.4.1 Resident Project-Affected Persons Construction of the reservoir will directly affect residents of Villages Nieboczowy and Ligota Tworkowska. Both house owners and all other persons registered as the inhabitants are included under the category 'house owners'. The number of resident PAPs is slightly below 700. The most recent PESEL database consists of 689 persons registered in the two villages (Appendix A) Some people did not register their address with the Gmina - so they are not recognized by PESEL data base of Gmina Lubomia, which was used as a basis for this study. Table 2.15. Residents' age breakdown Nieboczowy 119 313 132 564 21.1% 55.5% 23.4% 100.0% Ligota Tworkowska 27 80 18 125 1 21.6% 64.0% 14.4% 100. O% L Total 146 393 150 689 21.2% 57.0% 21.8% 100.0°, Source: Own elaboration based on PESEL data base (2004) 2-14 I (a) People between the age of 19 and 60 There are almost 400 people between the age of 19 and 60, including: - bread-winners - students * - unemployed This is the biggest group of inhabitants. The "economic balance" of the families depends on bread-winners, as they either live from farming or small business in the U village or are employed by some factory or other company in the city of Raciborz. According to the 1998 data we estimate that in the half of the households (85) there are persons permanently employed. I It appears that resettlement will not have a negative impact on non-farmers, provided they will remain within the gmina. The important matter for this particular group will be the access to work. Construction of the Raciborz reservoir, need of new service infrastructure, will offer a chance of temporary employment for the people in the area. * Many of the villages' residents own small farms which provide an additional source of income. Weighted average of the farm area in this region is 3.2 ha. As even 5-ha farm is not profitable, most of those farmers are not expected to buy a new farm I after resettling to the new location. Farmers with no other source of income are relatively small group in the two villages (13 farms constituting a sole source of income and 12 farms with farming revenues supplemented by employment or old-age pension.) Finding new farming land will be difficult in these cases and time consuming. There is also the matter of emotional attachment to the heritage of those people. The important factor here is the availability of the arable land in vicinity, offered for a reasonable price. The leading role is to be played by authorities of Commune Lubomia, by making certain provisions for such land in the spatial development plan. The Investor will conduct negotiations with Agency of Agriculture Property in order to provide the required amount of arable land. l Some households will irreparably lose steady income generated from lease, but they will have funds to purchase other land if they choose. Most probably a part of the current landowners will not buy new land, however. Number of farming households: - in Nieboczowy - 14 - in Ligota - 7 - Total -21 l Number of households with livestock: - in Nieboczowy - 15 - in Ligota - 8 - Total - 23 (b) People over the age of 61 years There are 150 inhabitants that are over the age of 61 years. Their farming, if any, meets only their own needs. In moving to a new place they are unlikely to continue I farming. 2-15 The new place of residence within or outside the gmina, will not have any negative impact on the income of those people, as they receive disability pension or old-age pension. According to the 1998 data some 40% of the households depend fully or partly on income generated by pensions and allowances. (c) People under the age of 19 years This group constitutes of 146 persons. The eldest ones will have a choice of studying or finding a job as before The education of this group is not going to be affected, as the only place of education is the 3-class primary school in Nieboczowy. Children of 10 or more have to commute daily to primary, pre-secondary or secondary school. The parents of children of schooling age see moving into new place as a benefit - they would choose the new place of residence in vicinity of schools. Some parents will establish a fund for their children (for future studies etc.) from the money left after buying the new property in another location. (d) People who need assistance It is difficult to estimate size of this group because local statisticd data fail to cover it. This group covers: * Old persons who live alone and have no close family * Persons suffering from chronic diseases and the disabled living in family of an income that is below the social minimum * Large families of low income * Lease-holders or tenants with no permanent source of income * Single-persons farm owners Based on residents survey from 2002 it is estimated the size of this particular group is not more than 5% - 6% of the total number or residents, and thus there may be 35-40 persons like this. Closer examination of this issue will need assistance of residents of the two villages, and collaboration with the Department of Social Welfare of Lubomia Gmina. Based on the PESEL data base there are 19 single-person farms in Nieboczowy and 10 in Ligota. 2.4.2 Resident Project-Affected Families The main type of the household found in Nieboczowy is the single-family or two- family one. The latter type includes in general parents who live with children, who have their own families. In Ligota most of the households are the single-family ones (75%). 2-16 Il Table 2.16. Number of families living together in a household. I Nuhike6r .- faMilles living wor; er In a h, .:.10i | . ; : | 2tam~~~~ilieR,3mlX oa.. ;<.I- Nieboczowy 58 62 6 10 136 42.6% 45.6% 4.4% 7.4% 100% Ligota Tworkowska 30 10 0 0 40 75% 25% 0.0% 0. 0% 100% 5 Total 88 72 6 10 176 _________________ 50% 40.9% 3.4% 5.7% 100% *As for beginning of 2004 Source: Own estimation based on opinion poll from 2002 and 2004 survey. In Nieboczowy there are more households of 5 or more people than in Ligota, they I are three-generation families. 5 Table 2.17. Number of people in a single household. Numberof people In a single household % 3 Village I ~~~~~~fl '~~~j~~~jns~~ 4 ~5 person' Il___on a_ge__1 pe_ons 4 persons or more Nieboczowy 12.6% 14.6% 14.6% 8.6% 42.4% 7.3% 100% Ligota Tworkowska 21.7% 23.9% 15.2% 8.7% 30.4% 0.0% 100% Total 14.7% 16.8% 14.7% 8.6% 39.6% 5.6% 100% I Source: Own estimation based on opinion poll from 2002 In multi-family households there can be an interest in separation of families. As confirmed in 1998 survey this will be the case in Nieboczowy village. 2.4.3 Land owners Cadastral data (according to 2004 land register) are given in Appendix A.5. The files comprise data on all plots wholly or partially within the reservoir area plus some plots outside the reservoir footprint that may be required for construction of ancillary structures (land drainage pumping stations, Psina diversion). The detailed design is not completed yet and there maybe some changes in the borders of the Project * area. It is also possible that some large plots of which only small part lies within the footprint can be divided and acquired partially. The preliminary statistics presented in this section include all the potentially affected plots and therefore the total area is bigger than the reservoir area. Project-affected persons comprise landowners who belong to the following categories: 2-17 I~~~~~ (a) Resident private owners Private owners (persons) within reservoir area are the residents of Nieboczowy and Ligota Tworkowska. Their estimated number is 500. Almost every adult resident of those two villages is a land owner. One private owner can have several plots, he/she can be also one of co-owners eg. spouse. In that case there are two or more owners of the same plot. (b) Non-resident private owners Owners of the land within reservoir area are inhabitants of many neighbouring villages, who will stay in their houses after reservoir completion. Based on land records data the total number of private owners in the reservoir area is estimated to be below 1250, of which approximately 850 resides outside the reservoir together with their families . Appendix A5 comprises full list of private land owners (based on land records from 2004). (c) Private firms Ten private firms have been found among land owners and property users within reservoir area, for example: "Utex-Terra" Ltd. in Roszk6w, Henkel Polska SA, Jastrzebska Sp6lka Weglowa, RSP in Pietrowice Wielkie, RSP -Grunty Wkiadowe, Saksorhsko-81.ska Unia Betonowa Ltd. in Katowice, Sp6lka Jawna Przedsiebiorstwo Wielobranzowe El-Plast. Two aspects have to be stressed when listing institutional land owners. First, there are many bodies on the list that exist no more as a result of organization and (sometimes) ownership changes. Second, the information presented below needs up-dating to be sure that all interested institutions have been informed (actual name and address). (d) Organizations and associations The following associations and organizations have been found within reservoir area: Caritas Archidiecezji Katowickiej, OkrQg Polskiego Zwiazku Wedkarskiego w Katowicach (Polish Fishing Association in Katowice), Wodne Ochotnicze Pogotowie Ratunkowe (Association of Voluntary Water Lifeguards), Towarzystwo Boskiego Zbawiciela Prowincja Polska w Krakowie (Association of Divine Savour - Polish Province in Cracow). Catholic Presbytery is also included into this category. (e) Communal I Municipal Offices In land records some self-government administration units are listed as owners or rather leaseholders or administrators of State Treasury property. Following offices are listed: Lubomia Gmina Office, Krzyzanowice Gmina Office, Raciborz City Mayor, Raciborz Poviat Starosta, Wodzislaw Poviat Starosta. (f) State Treasury I State-owned firms More than 45% of the land within the reservoir area is owned by the State Treasury. Most of the 45 largest plots (more than 10 ha) are state-owned and administered by different institutions. Following bodies are listed, inter alia: Agricultural Real Property Agency, State Forests-Forest Inspectorate Rybnik, Polish State Railways, Light and Mineral Aggregates Production Enterprise in Katowice, RZGW in Gliwice. 2-18 I' There are still many institutions on record as owners that do not exist for years and I the area is now administered by other units (eg. Public Roads District, Water Ways District, ODGW). The land that used to be administered by Provincial Board of Agricultural Investments (WZIR) in Katowice is now under control of RZGW. 3 (g) Ownership of land plots The distribution of landownership in the Project area (see explanation at the beginning of section 2.4.3) is summarized in Table 2.18 Table 2.18 Distribution of land ownership Private individuals* 2425 51.8 1052 31.3 Private firms 176 3.8 196 5.8 Organisations 41 0.9 69 2.1 Municipal offices 1140 24.3 477 14.2 State, including 900 19.2 1567 46.6 - ARPA** 170 3.6 546 16.2 - RZGW 135 2.9 92 2.7 TOTAL 4682 100 3361 100 Notes: *number of owners is less than 1250, one person usually has several plots **Agricultural Real Property Agency lands that are leased mainly to private farmers. Source: Own elaboration based on 2004 land register Private owners possess about 50% of plots covering about 30% of the area and remaining area belongs to institutions and organizations, mainly state-owned. Less than 6% of the area belong to private firms. I Based on land records data the percentage of plots of different size has been calculated. The majority of plots (73%) are very small with an area not exceeding Y/2 ha. However the average acreage of separate farms cannot be estimated from this * data because one farm is usually composed of several plots. The largest plots (more than 10 ha) cover about 33% of reservoir area and belong only to institutions (mainly state-owned). There is no private person owning one of the larger plots. 3 Table 2.19 Percentage of plots in reservoir area with respect to size 5 | Plot area [ha) % of the area % of number Oto O.5 17.8% 73.1% 3 0.5 to 1.0 14.4% 15.1% 1.0 to 5.0 26.8% 10.2% 5.0 to 10.0 7.8% 0.8% 5 More than 10 33.2% 0.8% Total 100% 100% l Source: Own elaboration based on land records (2004). l 2-19 I In land record limits Sud6l, Pogrzebien, Ligota Tworkowska and Nieboczowy more land plots belong to private persons than to the institutional ones. Table 2.20. Percentage of private and institutional owned plots distributed to land records limits. t k ihi r Tot; Lubomia Lubomia 47.1% 52.9% 100.0% Buk6w 31.7% 68.3% 100.0% Ligota Tworkowska 54.5% 45.5% 100.0% Nieboczowy 51.0% 49.0% 100.0% Krzyvanowice Krzyzanowice 13.9% 86.1% 100.0% Bienkowice 29.1% 70.9% 100.0% Twork6w 32.5% 67.5% 100.0% Raciborz Brzezie 25.2% 74.8% 100.0% Plonia 34.8% 65.2% 100.0% Studzienna 38.1% 61.9% 100.0% Sud6o 79.7% 20.3% 100.0% Kornowac Pogrzebien 67.5% 32.5% 100.0% Source: Own elaboration based on land records (2004). (h) Leasers Leasing of arable land is very common in the area both from private owners and The Agriculture Real Property Agency. According to information from ARPA Opole the total area of land leased in the area and surroundings is about 3300 ha, including: - 3000 ha - long term leasing agreement with Agromax Company in Racib6rz ( land located in gminas: Krzy±anowice, Racib6rz, Pietrowice ) - 100 ha - long term leasing agreement with a family farm - 200 ha - short term leasing agreements with individual farmers 2.4.4 Businesses There are a number of small businesses in the project area. Most are dependent mainly on customers from Nieboczowy and Ligota Tworkowska. Businesses in this area will not be relocated rapidly, but even now examples can be found of businessmen who found a new location and, with the new site ready, decided to sell. Recent examples - the horticulture company from Ligota Tworkowska and garage from Nieboczowy - show that the owners signed of the notarial deeds in 2004, for delayed real estate vacating date. This solution is accepted and greatly reduces the likelihood that the businesses will suffer from the move. 2-20 I 3 2.4.5 Lubomia Gmina Those residents of the gmina, who will not be relocated, will benefit from construction of the reservoir in: I * Reduction of the flood hazard to a minimum * New jobs related to the Project, and later to maintenance of the reservoir * Development of the accompanying infrastructure - agri tourism, recreational * centers * Demand for building plots and arable land - probable growth of increasing rices J Increased rank and prestige of the region that ,,offers safety" to others The Gmina administration declared its readiness to adopt a new attitude in reference to the spatial development plan that has not been passed so far due to the conflict of interests and pressure exerted by the Defence Committee. The plan has been prepared in the first quarter of 2005 but the procedure for approval might take 3 a few months. 2.4.6 The church I The surveys revealed that the most important objects for the residents are the sacred ones; they are the objects the residents would like to save and move to a new place. * A third of the residents of Nieboczowy (33%) and even more residents of Ligota (38%) preferred opted in 2002 to transfer of the Nieboczowy church to a new location. Church authorities declare that the church will serve 'till the last resident' I and then all the equipment and sacred objects will be relocated to other churches in the vicinity. Roughly a tenth of the residents demanded (2002) the relocation of the cemetery. The chapel in Ligota is more important for residents of Ligota (40%) than for those of Nieboczowy (4%). There is a possibility of its relocation to Grabowka where there I is no church. 2.4.7 Arka Hostel for the Homeless l The hostel is situated in the north-west corner of the proposed reservoir, directly under the line of the embankment. It will therefore have to be acquired, the inhabitants relocated and the buildings demolished before construction of the embankment can begin in this area. The hostel, the associated outbuildings and barns and the nearly two hectares of land on which they stand, are owned by the Raciborz Municipality. The residence consists of a four storey building on a site of just under two hectares. It accommodates 60 people who would otherwise be homeless; three of which are are 3 women. Most of the residents stay for about two years, in which time those who are in need of rehabilitation due to drug or alcohol abuse are treated, and those who can learn a trade are trained in carpentry and other skills. * The hostel is leased to Tecza (Rainbow), a voluntary organisation known as the Association of Friends of the People, who are contracted by the Raciborz Municipality Social Services Department to manage the hostel and to help the * residents to re-integrate into society. The hostel has five employees and a variable number of volunteer helpers. 2 2-21 Horses and other livestock are kept on the land. Tecza tries to be a good neighbour to the residents of the neighbouring villages, who are encouraged to ride the horses, without charge. There is also a playground for the children Tecza's contract with the Municipality expires in 2005 and the lease and management of the centre will again be put out to tender. Tecza is hopeful their contract will be renewed and following initial meetings with RZGWs representative are already engaged in discussions with their client on a new site for Arka. They have identified a two hectare site west of the railway, outside the proposed embankment, a few hundred metres from the present site. They have outline plans for the construction of the new centre, with improved facilities. It is expected that the sum paid in compensation for the present centre, will be invested in the new one, and that it will be ready for occupation before the old one has to be vacated. The present indications are that all the necessary steps have been and are being taken by Tecza, RZGW and the Municipality to ensure the smooth transition of Arka from the old to the new site. 2.5 Public consultations & disclosure 2.5.1 Background After the great flood of 1997, the Investor started activities aimed at construction of flood protection reservoir Racib6rz Dolny and at the same time when work on pre- feasibility study began, the large scale information action, public consultations and meetings launched. The action, initiated and moved forward by RZGW Gliwice, has been addressed to: * Inhabitants of two villages located within planned reservoir area: Nieboczowy and Ligota Tworkowska. * Association for the Defence of the Village Nieboczowy against Displacement. * Inhabitants of surrounding villages (including owners of arable land within reservoir area) * Inhabitants of Raciborz and other cities and villages adjacent to Odra river that will be protected against flooding by the reservoir * Gmina, poviat, voivodship authorities * Church authorities * Central institutions (Ministry of Environment, Office of Natural Disasters Recovery, Government Plenipotentiary on Odra 2006 Programme) The reservoir project that will constitute one of crucial elements of upper and middle Odra flood protection system is widely accepted and supported not only by national and regional authorities but also by communities of many Odra riverside cities, villages and gminas (see documentation - Appendix D). The Investor's interest focused on the people living in the reservoir area who would have to leave their villages. Between 1998 and 2005 three teams of sociologists, in the name of Investor, held formal and informal discussions and consultations with those people and their representatives including well-attended public presentations of the project (for details see below sections 2.5.3 and 2.5.4) There was, however, a strong and organised resistance to resettlement in Nieboczowy, the larger of the two villages affected. One of its manifestations - orchestrated by the Defence CommiNtee - is an unwillingness to collaborate with the Investor and the study team in formulating a resettlement plan. It has also resulted 2-22 l l in a refusal by many local families to provide any information about themselves or their attitudes. 1 2.5.2 Residents surveys In 1998, the year following the great flood, the Social Research Centre in Katowice carried out a questionnaire survey of all the residents of the reservoir basin. At the I same time an inventory of land and fixed assets was drawn up. The results of this survey contributed to the economic analysis of the proposed flood control measures and provided information on the socio-economic and demographic characteristics of I the population to be affected, its land and property holdings, and the attitudes of the households to resettlement. It was stated that construction of the reservoir will directly influence 178 farms in the villages of Ligota Tworkowska and Nieboczowy. Relatively complete interviews from 168 owners of real estates were acquired at that time. The household survey carried out in 1998 encountered hostility from residents. The elected head of Nieboczowy village refused to answer the questionnaire on the grounds that it included questions not discussed at a village meeting held earlier in the year. In all, ten households (6%) in Nieboczowy refused to respond to the questionnaire. However, as much as 91.9% of surveyed inhabitants formally accepted the displacement. l A similar survey was conducted in the same population in July 2002 by the Feasibility Study's Team of Sociologists. The 2002 survey was preceded by a campaign launched by the Committee for the Defense of Nieboczowy against Resettlement to persuade people not to co-operate with RZGW in its investigations. The interviewers this time encountered almost 30% of residents who were unwilling to respond. l In 2002 the inventory of property was not repeated as there were known to have been few changes in the intervening period. A comparison of the results shows, however, that substantial changes in attitude had occurred. Factors affecting the changes include the formation of an articulate opposition to resettlement, and the passage of five years since the occurrence of the great flood. . l In July 2002, data were collected on 70% households and some of questionnaires were filled partially. An express consent for displacement was declared by minority of them, i.e. 42.2%, and 8.9% did not have any opinion. On the other hand, 29.4% of I J all respondents directly refused to resettle. 2.5.3 Public meetings with Nieboczowy and Ligota Tworkowska residents In May 2002 a meeting with representatives from the community, the Lubomia Gmina, the team of sociologists, appointed by the consultant preparing the Feasibility Study, and the RZGW was held in the gmina offices. The inhabitants demanded to give serious consideration to the alternative alignment for the * embankment, proposed by the Committee which would exclude Nieboczowy from the reservoir basin. This proposal had been submitted earlier to the Voivodship in Katowice and had * received a detailed reply from RZGW, explaining why it was not feasible. The community representatives nevertheless felt that their case had not been seriously considered and that they were not being adequately informed and consulted on the 2-23 I~~~~ project. It was therefore proposed that further analysis should be done and a public presentation and consultation on the project arranged. Two separate meetings were held in Nieboczowy and Ligota Tworkowska on 20 July 2002. The meeting in Nieboczowy was held in the fire station and was attended by 210 inhabitants, whereas the one in Ligota Tworkowska, was held in the common room and was attended only by 46 persons due to much smaller size of the village as well as less interest and emotions towards potential resettlement. Both meetings were organised in liaison with the Lubomia commune's authorities (president and vice-president attended the meetings) and village administrators. In the course of the meetings individual experts gave a full presentation of all the aspects concerning construction of the reservoir and invited the inhabitants to join the discussion. As a result of the cooperation, a visual and engineering analysis of the Nieboczowy alternative with the alignment separating the village from the reservoir bowl was presented with description of its advantages and drawbacks. The inhabitants alternative (Nieboczowy Alignment) however, has been proved to be not feasible (see chapter 1.3.1). The meeting in Nieboczowy was actively participated in by representatives of the Defence Committee of Nieboczowy village. From the beginning, the meeting was characterised by antagonism towards the project. During the break, emotions also slightly subsided, for the inhabitants could talk individually with experts attending the meeting. The meeting in Ligota Tworkowska was much calmer. Emotions, which appeared among inhabitants, were caused mainly by uncertainty whether the proposed methods of compensating losses would allow restoration of the lost style and standard of life. In case of Ligota Tworkowska, inhabitants clearly reconciled themselves with the planned situation. The only expected field of negotiations include economic matters and dates of real estates' purchase. After the location decision granted by the Silesian Voivode, the meeting was held in Lubomia gmina on 13 July 2004 to present a study on the resettlement village for Nieboczowy and Ligota Tworkowska residents prepared by AGO - Projekt and ordered by RZGW Gliwice (details see section 5). The inhabitants of Ligota Tworkowska (15 people) showed their interest in the presented options of new village. However, the only person from Nieboczowy who attended meeting, the President of Defence Committee, declared that the inhabitants of his village would not enter into any discussion on this topic. 2.5.4 Notification of investment According to Polish Code of Administrative Procedure all persons directly affected by the project, ie. owners of houses, other structures and of land within reservoir area have been informed in an official letter that the administrative procedure for granting location decision had been instituted on 31.05.2004. During the proceedings 130 residents of Nieboczowy, some people from Raciborz and Tworkow as well as interested organizations and institutions submitted their comments and reservations, and the answer was given to each of them. On 5.07.2004 the Voivode has given the decision on Raciborz reservoir project location with the clause of immediate execution. The copy of the decision with its justification has been sent to all interested parties. 150 appeals have been submitted to Minister of Infrastructure within the prescribed time period. When all the appeals considered 2-24 all the appellants received a copy of a decision of Minister of Infrastructure of 21.09.2004 that upheld the reservoir location decision. 1 2.5.5 Defence Committee At the beginning of 2000, some residents have created a Committee for the Defence of Nieboczowy and Ligota Tworkowska, stating its position to the Investor, i.e. RZGW Gliwice and various administrative institutions. It contributed to the adoption of the Resolutions by the Lubomia Commune's Council on 19.04.2000 and 20.11 2000 on the projects against subjective treatment of inhabitants and not entering the investment project to the Commune's Spatial Development Plan. Formally the Committee for the Defence of Nieboczowy was constituted in March 2002 as an Ordinary Association for the Defence of The Village Nieboczowy against displacement. The association was actively agitating public opinion, nevertheless it 3 limited the members to the Nieboczowy village inhabitants. The Committee, apart from commencing the protest, intended to present a constructive position, which was based on an assumption that neither Committee 3 nor the inhabitants themselves questioned the necessity of building the planned reservoir. The main contentious issue is displacement of the villages. As a consequence, it was proposed to modify the alignment of the embankments in such I a way as to take account of protection of Nieboczowy against flooding by the reservoir's water. No technical possibilities of preserving Ligota Tworkowska were proposed. I The Association's arguments were subject to an in-depth analysis by Racib6rz- Dolny Reservoir feasibility study team. The results of this analysis were presented from different engineering-technical and socio-economical standpoint (details see 3 above in section 2.5.3). The frequency of meetings with participation of the Defence Committee in 2004 indicates a tenacious and consistent search of the new solutions by the Defence J Committee. It should be emphasized that none of them shows acceptance by the Committee to the accepted design of the reservoir in the chosen area, even though 3 the Voivode issued the relevant location permit on July 5, 2004. Despite the Defence Committee's position: * " the location permit, which decides on embarking preparations for construction of the Raciborz Reservoir was issued and implementation of the project can not be challenged. * the sale of lands and buildings by farmers of Ligota Tworkowska and l Nieboczowy is progressing (36 farms, with 10 of them in Nieboczowy). The process is well advanced in the former village while in the latter one it is in its starting phase. * Z the number of appeals against location permit lessens. There were as many as 150 of them lodged at the Ministry of Infrastructure, though only 18 appeals were lodged at the Administrative Court in Warsaw. * The investor's representatives held two meetings with the Defence Committee in October - November 2004. The first one, held with participation of 6 people - 3 people from each side - was reduced to repeated presentation of positions and thus * failed to bring in anything new. The second meeting, held in November 2004, was organized of the initiative of the l Committee and dealt with another ,,solution" proposed by the Committee. This 2-25 l solution concerned the so-called "Kotlarnia", i.e. location of the reservoir within the gravel pits. RZGW informed Committee that this option was not feasible as the pit could be filled with just the ground waters while its capacity - 2 million cubic meters - was far too small for reduction of the flood wave. The last 2004 meeting with the Defence Committee was organized to request of World Bank staff. It was held at the fire brigade station in Nieboczowy, on December 10, 2004. 5 leaders of the Committee 4 5 consultants and one Bank staff member participated. The arguments were similar to those given as well as during public meetings with participation of residents, and in small meetings with participation of just two sides - Committee and Investor. First of all members of the leading group repeated their argument that they represent ,,all" (or at least 90% of the residents) and they believe themselves to be right in their arguments. The Committee's arguments are as follows: - Better locations can be found for the Project; the Committee does not oppose the reservoir - it simply fights against its location in the Nieboczowy area - The Committee accepts other possible locations (e.g. option ,,Kotlarnia"), and addresses correspondence concerning this matter to the authorities, though the correspondence is one-sided only. Nobody wants to respond to their letters - and this (in opinion of the activists) confirms their being right - The Committee does not have elaborations drawn by independent experts it might refer to in defence of its location concept of the reservoir; activists ponder on contracting such experts Opinions of the Committee members: - Concerning farmers who sell farms: 'they sell ruins, vacant houses, they are not true residents of Nieboczowy' - Concerning the location permit of July 5, 2004: 'we will appeal' - Concerning the future of the voluntary resettlements: 'minimum 50 farms will remain and refuse to relocate' - Concerning their own plans: 'Let all those inhabitants who want to leave Nieboczowy, leave. We are to stay even if 10 houses are left' - Concerning advisability of the continued opposition: 'what shall we tell people we represent?' During the last meeting with participation of complete management board of the Committee (5 people) the so-called "Nieboczowy alternative" (see chapter 1.3.1), was not revived. This option, found not feasible by experts, was replaced by determining other, low-feasibility locations for the reservoir, such as the Kotlarnia. This can be recognized at one side as a step backwards to negation of the Project according to the rule "reservoir yes, but not here". At the other side this position can be seen as an admission of failure because the Committee appears to accept the rejection of the option it was emotionally attached to. The current stage can be called as a nervous seeking by the Committee for a new solution, i.e. the new location of the reservoir, . r a credible option. 2-26 1 2.5.6 Non-residents land owners In 2004 several meetings were organized with land owners who lived outside the reservoir area. RZGW representative took part in consultation at public meetings in Raciborz, Lubomia Gmina Office, Krzyzanowice Gmina Office, and in villages of Twork6w and Bier'ikowice. The opinions collected by RZGW indicate that there is a group of farmers who will be interested in exchange of land. The estimation of their number can be only rough. I At the meetings in Raciborz with Sud6o district inhabitants (5.07.2004 - 30 people and 10.07.2004 - 35 people) an area of about 40 ha was declared for exchange. Some persons were interested to acquire land in Bojan6w, administered by Agriculture Property Agency (ANR). The farmers asked for conditions to continue leasing of land within reservoir area and for future plans concerning Agromax farm that leases land from ANR in Opole. The inhabitants of Bienkowice who had compact acreage of arable land were also interested in exchange and during the * meeting on 7.07.2004 (about 50 people) they declared about 130 ha to be exchanged. However people owning smaller pieces of land wanted to sell them. At a meeting in Twork6w (7.07.2004 - 15 people) the readiness to sell land was I observed by RZGW representatives. The main reason for this attitude is no doubt the fragmentation of land belonging to private owners. The farmers declared they 3 could sell their land as soon as possible. An additional opinion survey has conducted among chosen owners of farms in March 2005 - with the aim to identify impact of the project on their income and to provide data on their individual expectations and preferred form of compensation. The group of landowners is not homogenous and can be divided into three categories: - small households - below 1 ha, where agriculture is not the main source of income and the owners want to sell their land if the compensation is satisfactory - medium size farms, a dozen or so hectars, most of them aiming to continue * farming and interested in land exchange. However some of them plan to sell the land and start other business - large farms, looking for development and interested in increase of cultivated I area. These people will be interested in land exchange or leasing land within reservoir area. They want to create a committee to have a formal representation to negotiate with the Investor. All the owners need information about the project and of specific proposals for the exchange or purchase of land. 2.5.7 Individual consultations with owners of sold property Individual consultations with residents were held by JacobsGIBB in the two field I sessions, in November and December 2004. They were conducted at 5 households with those of residents who: (a) sold their property and moved to a new house (family from Ligota, residing in I Syrynia) (b) sold their property but still live there and are to remain there for a period from one to three years (3 families - 1 from Nieboczowy and 2 from Ligota) (c) reside at the sold property as tenants (1 person from Ligota) Both in the case of those farmers who moved out and those who still live in the I houses they sold, the finding of the new house or at least finding of a building plot 2-27 might prove to be a matter of critical importance. Each owner who decided to sell has some picture of his or her future, including first of all the picture of the new place he or she is to live. In this context an important element is the matter of offering of a proper place to live and develop for their children and grandchildren. The case of the first sold farm (three-generation family of Ligota) confirms this rule. The family left Ligota when they found new house in Syrynia. Money received from an old property were spent on buying new house. An important motive of their decision was the future of their grandchildren and children who grow up and require stable environment. The second sold farm is in Nieboczowy. The elderly couple of will stay there till the end of 2005, when they will move to the newly built house in the adjacent village. Some of the Nieboczowy neighbours reacted with hostility towards this couple. Their decision about selling the house was difficult mainly for sentimental reasons: the family had lived there for 18 years, all the trees had been planted by themselves and they will regret they can't take them into the new place. Both in case of the multi-generation family of Ligota and the elderly family from Nieboczowy we deal with former members of the village councils of their villages. Such prompt decision-making definitely was a result of their independence and their will to decide their lives by themselves. Others will be influenced by their decisions, as it usually is in case of giving example by people with high social status. The third farm (in Ligota) is still inhabited. Its owner is a professional gardener and generates his total income from agricultural production. He has his regular customers. Knowing that the reservoir will finally be constructed, he bought himself land in another location and is building the new house there. He plans to reestablish his agricultural production in the new place without any loss to his income. He is timing his move very carefully as he doesn't want to loose any of his clients due to the break in production. He decided to have 2 gardens for a short period in both places and slowly transfer all the production to the new localization. Understanding for a long time that the reservoir will have to be constructed the gardener has been building new house in another location for 15 years, to become finally inhabited in a few next years. The fourth farm with a family of two children differs from the others, as the house was relatively new. It was built in 1997 and renovated just after the flood. The decision was more difficult as the family built the house by their own hands. The terms of the purchase-sale agreement, gave the family the right to stay in the house for some 2 years, which enables them to seek for a new home without rush. Parents accentuate that they think about the future of their children. They plan to use the funds from selling the property in Ligota not only for buying a new house, but also for the future education of their children. The sole source of livelihood for the family will be the salary received by the father of the family from his current employment at big factory in Raciborz. He is aware that currently the factory is facing, similarly to other plants financial difficulties and is downsizing the number of its employees. The last visited sold farm (in Ligota) was different than the others as the occupant was not the owner but a non-paying tenant who lives in the house. The tenant lives in poverty and knows little about what he is to expect in the future. It was difficult for him to answer any questions asked. He does not know where he is to be in a year's time, he didn't start seeking for a new home so far: "It would be nice to have a flat". The tenant appeared to be a completely helpless person, doomed to depend on others. Such cases (they should be expected in both the villages) will require 2-28 assistance from the Social Welfare Department and participation of the local NGOs, such as the Association for Homeless ,,Tecza". 2.5.8 Other consultations (local institutions) JacobsGIBB Consultants held meetings also with authorities of the Lubomia Gmina, where the reservoir is to be constructed. According to the deputy head of Gmina Lubomia the authority is representing the whole society - 8 thousands inhabitants of the Gmina, not only the villages affected by the resettlement (altogether 700 people), although Gmina's role is to protect it's inhabitants and the inhabitants of Nieboczowy and Ligota Tworkowska require such protection. The head of the Gmina is not denying that he has signed the complaint 3 concerning location decision of 05.07.2004, and lodged it at the Administrative Court. Nevertheless it does not change the execution of the higher instance decisions. * ! For two years the Gmina has been preparing a local spatial development plan including the area designated for the reservoir plus the location of the potential resettlement village site. Gmina Council (15 councilors) is obliged to examine the 3 request lodged by RZGW to determine possible locations of plots to be offered to the resettled people. In order to procede with the location permit the geodesic survey should be conducted. The most difficult problem here are not determining the plots for individual properties or the housing estate for the resettled people, but the arable lands for farmers, as farmers are expected to show interest in such land in the future. The situation on the real estate market changes as demand for houses and building plots is growing in the Gmina. This is an opportunity that Gmina authorities should 5 l not overlook, if they are really interested in cooperation in project implementation. 2.5.9 Disclosure of RAP l Procedure of RAP diclosure: Procedure of RAP report disclosure: (a) the RAP Summary and a full version of report were placed on the investors website www.rzgw.gliwice.pl; 3 l (b) a public announcement was published in June 2005 in local newspapers: Nowiny Raciborskie and Dziennik Dolno§lqski. The announcement invited the public to contribute to an open discussion concerning the RAP report and: stated that a summary of RAP report was mailed to affected residents and w ~~~~~~~land owners, - identified sites where full reports were placed for disclosure, - specified the investor's website address where people could access the summary and full report, - listed the address of the RZGW Inspectorate in Racib6rz where comments could be sent by mail or submitted personally The text of the announcement is attached in Appendix D, point 3. (c) The RAP summary was mailed to all affected people (residents in the polder * area and owners of land within the polder who reside outside) according to the address list of people notified during the Location Permit notification process (over 1200 persons). The RAP summary and full reports were distributed in U the two villages within the polder area and a few in nearby villages where 2-29 I III II III II III I, ,, people whose land may be acquired reside. Together with the summay RZGW enclosed a letter informing recipients about the disclosure procedure and giving the contact details included in the announcement. The authors of the RAP report also enclosed a letter encouraging people to read the summary and present their comments and recommendations (see Appendix D, point 4) for consideration of points to be incorporated in the final version of the report; (d) The RAP full report was placed at the Gmina offices in Krzyzanowice, Lubomia and Kornowac; in the City Council office in Racib6rz; RZGW offices in Raciborz and Gliwice; and the parish office in Nieboczowy; (e) the final date for submitting comments and discussing the report was 1 1 th July 2005, which corresponded to the end of the disclosure period of the EIA report for the Racib6rz reservoir. Results of disclosure procedure: The total public response resulting from the distribution by mail to all affected households, the announcement in the press and the disclosure of full reports in public places and internet websites consisted of 3 letters sent to RZGW and one meeting between representatives of Nieboczowy village and RZGW staff. The meeting was organized spontaneously when the Committee for the Defence of Nieboczowy and residents visited the RZGW Inspectorate. A copy of full report was to the Committee as requested during the meeting. The three letters received in response to the RAP report were sent by: (a) Committee for the Defence of Nieboczowy (b) Residents of Bienkowice (c) Regional Board for Roads Management. In their letters, representatives of the three groups expressed their remarks concerning the text of the report and further actions that will be taken during Project preparation. The most important issues are described below. The Committee for the Defence of Nieboczowy addressed the following issues: 1 A methodological discussion raising questions about the alternative; alignment proposed by the Committee and the reasons for its rejection at the stage of feasibility study. 2 An expression by the citizens of Nieboczow of their willingness to cooperate with the investor and statement of their belief that the cooperation should be organized as a social dialog with ongoing consultations concerning decisions being made. 3 A criticism of both the idea of constructing a resettlement village and the proposed locations for a village in the area of Gmina Lubomia 4 A question by farmers enquired about the locations of replacement land. 5 An expression of concern about the weak and resourceless residents of village and about the future of those residents who decided to sell the land to the Investor. It was suggested that a plan of action to help those residents should be prepared and presented to residents. Land owners from Bienkowice expressed their unambiguous wilingness to sell or exchange land though negotiations. In case of land exchange, they indicated their interest in the land belonging to Agricultural Real Property Agency located near Bienkowice village. Fourteen farmers who signed agreements with RZGW chose replacement land as compensation for land under the reservoir structures. The 2-30 farmers said they were interested in negotiations based on in specific binding proposals. The Regional Board for Roads Management in Wodzis#aw tlaski submitted a I * request for legal agreement procedures for managing roads in the area of reservoir. l l Implications for Project and text of the report The results of the disclosure procedure and letters sent to the investor were been analyzed and their conclusions were introduced in the final report as stated below: The following responses were made regarding the comments of the Committee for the Defence of Nieboczowy: 1 In response to the Committee's questions regarding the alternative alignment, experts analyzed the option once again, taking into consideration all hydrotechnical, economical and environmental aspects. Among other arguments the analyses proved that the alternative alignment would decrease the volume of the * reservoir to such an extent that it would be unable to provide flood protection for Racib6rz and other cities located downstream from reservoir and would put at risk the lives and property of 2,5 million residents of the area planned for protection. I 2 The Committee's declaration wilingness to cooperate with the investor is a good starting point for social dialog. The public disclosure of the RAP report associated meetings demonstrate a responsiveness to the concerns of residents of I the villages and include them In the decision making process. Investor's objective in undertaking the project is to protect millions of residents in the areas downstream of reservoir from harm and to enable residents of the reservoir area to maintain or 3 improve their standards of living. 3 The proposed resettlement village is only one of many solutions offered to residents. It not a binding element of the project, but an alternative for those who are unwilling or unable to find a new place to live on their own. In addition to being relocated to a resettlement village, residents can be compensated with money to enable them to purchase or construct a new house or receive new house at a site of their selection.. The sites shown in the RAP as potential locations for resettlement * village were those offered by the Gmina Lubomia and are subject to change depending on the preferences of potential residents and indications of how many people are interested in such solutions. The proposal is presented proposal is a I basis for dialog and common decision concerning regarding the need to build a villate and, if so, the design of the village site. 4 The locations of replacement land belonging to Agricultural Agency and I planned for handing over to Investor are show in section 4.2.2. The process of taking over the land will be continuous throughout the years of project implementation. 5 5 The RAP report is the basis to assess the current social situation in the project area and project impact. One of its goals was to identify problems and work out suitable plans for future action. Chapter 9 of the report concerns the issue of ongoing monitoring of the social and economic status of relocated residents after execution of the project and describes the allocation of responsibilities among different institutions and investor. During the period in which the investor carries out its purchase procedures residents can stay in their homes for a period of 2-3 years * after the sale, giving them time to purchase or build a new house without time pressure. According to such Investors policy, people who receive money from the sale of their housees can invested and choose a new place to living according to J their own wishes. The situation described in the Committee's,letter, where residents would be left without shelter, definitely will not take place. I 2-31 l A very important result of the RAP disclosure procedure is the declaration by residents of Bierkowice who own land located under the reservoir structure of their willingness to negotiate to sell or replace their lands. Accordingly, RZGW held a consultation and information meeting with farmers from Bienkowice was held on thel1th of July 2005. It was agreed in the meeting that RZGW will submit binding written proposals for land purchase to individual farmers by 15.08.2005. The planned construction of the reservoir does not require closing of the regional road No. S 5052 from Lubomia-Paprotnik through Nieboczowy, Ligota Tworkowska to Buk6w. The road will be subject to slight modernization at the cross section with designed alignment and the Regional Board for Roads Management will be consulted on design details. This road will continue to be used during the reservoir construction period and later during gravel excavation. It seems that after reservoir construction works are completed regional road No. S 5052 would change class from a regional to a gmina road managed by the RZGW. Binding agreements concerning this issue will be taken by the investor at an appropriate time. Copies of the three letters are enclosed in Appendix D, point 5. RZGW will reply to as indicated above. No party requested additional public meetings to discuss the content of the RAP report. As discussed in the RAP, RZGW will establish mechanisms to communicate regularly with affected persons who reside inside and outside the reservoir area. 2.6 Appeals against the location decision 150 appeals against the Racib6rz flood protection reservoir location decision (issued by Silesian Voivode on 5.07.2004) have been submitted to the Ministry of Infrastructure. The majority of appeals were from Nieboczowy residents who felt themselves injured by the project. Among agrieved parties there are also some people living in other villages than Nieboczowy and Ligota Tworkowska who are owners of the land within reservoir area. Many of them are living in Bierhikowice. They have the largest number of plots and moreover their plots are of medium (5 ha) or even quite large (9.5 ha) size. Table 2.21. Farmers (excluding Nieboczowy and Ligota Tworkowska) who appealed against location decision. Bierkowice 23 15 82 114.3182 Racibbrz 3 2 7 7.424 Lubomia 2 1 23 6.1763 Borucin 2 1 2 1.4003 Total 30 19 114 129.3188 Source: Consultants estimation based on land records (2004.) 2-32 l l l Table 2.22. Location and area of plots (land owners who appealed). Bienkowice 85 L_121.9557_L Nieboczowy 23 |_5.9365_l PRonia/ Studzienna 5 0.9343 Pogrzebie6 1 0.4923 Total 114 129.3188 * Where the plot is located l Source: Own estimation based on land records (2004.) 2.7 Conclusions * The Conclusions of the socio economic studies are: 1. The method of gradual, voluntary buy-outs, as applied by the RZGW during 1 the last 2 years in 2003-2004, has been successful especially in view of the limited funds available so far and of the difficult social conditions. 2. The increasing number of people are opting for cash compensation. The acquisition approach taken by RZGW should be maintained in the future. With the support of international funding, the buy-out programme can be accelerated. 3. In order to maintain the present or an accelerated rate of buy-outs it will be necessary to establish effective communication with the PAP's. 4. It is important to commence the process of purchase of land which belongs to people living outside the reservoir area that is required for construction of the embankments. 1 5. It is important to maintain effective cooperation with the gminas, especially Lubomia. 2-33 lI I I I I I 3 Legal Framework 3.1 Introduction This chapter aims to provide a summary of Polish law pertaining to resettlement, a summary of World Bank Operational Policies, the gaps between Polish law and these policies, an outline of the proposed entitlement policy and the method of evaluation. The full text of the reports on legal and evaluation aspects are presented in Appendices B and C respectively. 3.2 Polish law applicable to resettlement 3.2.1 Definitions Polish law regulations pertaining to resettlement refer to expropriation in general and this term is used in Appendix B. However in this chapter, if the context does not require otherwise, the term resettlement is actually used to be coherent with all other chapters of the report. In Polish law one may distinguish situations, when rights to the properties are acquired subject to the civil law agreement, which method for the purpose of this Report is further referred to as voluntary resettlement. On the other hand expropriation may be carried out subject to the administrative decision. This procedure is referred to as involuntary resettlement. In involuntary resettlement the level of compensation is determined by the competent administration authority, which in most cases will be the head of the Poviat (starosta). Both these categories are regarded as involuntary resettlement by World Bank policies in that in neither case does the affected party have the option of not resettling. 3.2.2 Legislation Legal procedures governing land tenure, resettlement and land and asset evaluation are covered by the Act of Management of Real Properties (MoRPA). Other relevant legislation is listed in Section 1 of Appendix B. 3.2.3 Voluntary resettlement (a) Eligibility Voluntary resettlement is reached by agreement being effected in negotiations between the eligible party and competent public authority dealing with resettlement. Compensation may not be offered to any entity other than the landowner or those holding rights to the property. Tenants may be compensated through their tenancy agreement. Occupiers without legal title or effective claim to the property they occupy are in principle not covered by MoRPA. (b) Compensation MoRPA does not stipulate any limitations regarding the negotiations. Compensation may be agreed between the parties in various forms, as follows: * Monetary compensation * Alternative property 3-1 3 l I * Monetary compensation and alternative property If an agreement cannot be reached the competent public authority establishes a two month period for the landowner to execute an agreement on the conditions submitted during the negotiations. l 3.2.4 Involuntary resettlement (a) General 3 Involuntary resettlement is only allowed for public purposes if: * The public purposes cannot be achieved otherwise than by taking over or limiting rights to the property I * The local masterplan shows that the property is located in an area designated for public purposes * It has not been possible to acquire the property on the basis of a voluntary 3 civil agreement with the affected party (b) Eligibility U As for voluntary resettlement, the entities entitled to receive compensation for expropriated property are: * Landowners * Entities holding perpetual usufruct or limited proprietary rights Tenants are not eligible for compensation except from their landlords through their tenancy agreement (c) Appeals Upon receiving the decision on expropriation of starosta, the affected party may lodge an appeal to the voivode. The appeal should be lodged within 14 days, commencing from the date of receiving the decision. If the decision is upheld the affected party is entitled to appeal to the Province Administration Court (PcoA). Such an appeal does not stop the execution of the expropriation. The judgement of the PcoA can be referred to the Supreme Administration Court, whose award is binding. 3 (d) Compensation The amount of compensation is determined by the appropriate authority (starosta), based on the market value of the property (MoRPA, article 134) which is J determined by a qualified property surveyor appointed by the starosta. (e) Eviction Procedure J This process is carried out as the last step after completing the expropriation procedure. If despite the expropriation decree and offered compensation affected person refuses to move out, starosta submits the case to the court. Court examines the case and when no formal transgressions has been found during carried expropriation procedure, the court orders the police and social services to forcefully 3 relocate the family to previously identified replacement house. 3-2 I I I I I 3.3 World Bank policies 3.3.1 Objectives a) Involuntary resettlement should be avoided where possible. If it is unavoidable, resettlement should be minimised by exploring all viable alternatives. b) Resettlement activities should be conceived and executed as sustainable development programs c) Displaced persons should be consulted and should have the opportunity to participate in the planning and implementation of the resettlement program d) Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living, or to restore them in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of the project implementation, whichever is the higher. 3.3.2 Eligibility Displaced persons are classified as follows: a) those with formal rights to land, which is defined broadly and covers also structures erected on the land. b) those who do not have a formal legal right to land but have a claim to land or assets, which claim is recognised under the domestic law c) those who have no recognisable legal right or claim to the land they occupy 3.3.3 Compensation Persons in categories a) and b) in section 3.3.2 above are entitled to receive the following forms of assistance: i) information on their options and rights ii) consultations on offered choices and resettlement alternatives iii) prompt and effective compensation at full replacement cost (which cost is precisely defined in the policies) for losses of assets directly attributable to the project iv) compensation of removal costs v) support after displacement, for a transitional period, to improve or at least to restore their livelihood Persons in category c) are entitled to receive resettlement assistance in lieu of compensation for the land they occupy and for the loss of assets other than land. 3.4 Gaps between local laws and World Bank policies 3.4.1 Eligibility Under Polish law, only those with formal legal rights are entitled to compensation. Tenants may only be compensated by their landlord according to the terms of their tenancy agreements. Under the World Bank policies compensation is also due to those with no legal rights. It appears therefore, that with the possible exception of occupiers without legal title, there is no difference of substance between the provisions of Polish law and the 3-3 policies of the World Bank in respect of eligibility. At the time of preparation of the RAP there are no know illegal occupiers. 3.4.2 Compensation If a displaced person chooses to be compensated in money there are no significant gaps between the compensation entitlements due under Polish voluntary I X resettlement and those required by the World Bank. The value of the offered alternative real property may exceed the value of the expropriated real property. Under Polish practice the affected person will be required to pay the difference l between the cost of the alternative property and the value of the expropriated property, in case the value of the alternative property exceeds the value of expropriated one. * 3.4.3 Adoption of World Bank Policies Where there is a difference between World Bank Policies and the provisions of Polish Law, World Bank regulations can be adopted if relevant entitlement regulations are referred to in the Loan Agreement between the World Bank and the 3 Polish government. 3.5 Proposed entitlement policy l 3.5.1 Eligibility Parties who have formal ownership rights to the property entitling to compensation 3 subject to applicable Polish law regulations are entitled to compensation Tenants may have a right to compensation from their landlords, depending or the 3 terms of their tenancy agreement Under some conditions occupiers without legal title could be entitled to l compensation from the Investor. 3.5.2 Compensation l The following compensation is due: (a) Residential property * Money equal to the market value of the asset, including an allowance for removal and disturbance costs, or * Alternative accommodation and land of equivalent production potential and assets of the property to be acquired, or * A combination of money and land equal in value to the market value of the property to be acquired, including allowances for removal and disturbance costs 5 (b) Non residential property * Money equal to the market value of the property to be acquired 3 3-4 1 3.6 Method of evaluation 3.6.1 Legal aspects The law relevant to the expropriation for public projects is covered by Article 21 of the Constitution and the Real Estate Management Act (1997). Supplementary legislation is listed in Appendix C. Property evaluation can only be carried out by licensed surveyors. 3.6.2 Method The preferred method of property evaluation, to be adopted wherever possible, is the determination of the value of the real estate by comparison to the prices that are currently being paid for similar real estates in the open market. The volume of trading of real estate in the Raciborz area is of sufficient volume that market values can be reasonably determined. If it is not possible to determine a market value, because there is insufficient trading in similar types of the real estate, then the compensation shall be based on replacement cost. 3.6.3 Houses already purchased By the end of December 2004 30 properties in Ligota Tworkowska and Nieboczowy had voluntarily been sold to the Investor through a process of free negotiation. Independent checks indicate: * The process paid by the Investor adequately cover the market value of the properties * The vendors consider themselves to have been fairly dealt with * Acting in accordance to Polish regulations the Investor fulfils all the standards of World Bank. The compensation is given at the replacement cost of affected land and properties. Structures without a legal permit for construction are also compensated. This process, which has been found to be entirely satisfactory, should be continued. 3.7 Compensation entitlements 3.7.1 Residents (a) Money Money compensation, or the agreed purchase of a house by the RZGW from the owner, is the simplest and in many cases the most satisfactory form of compensation, provided that: * The agreed price is sufficient for the vendor to purchase an equivalent house in an equivalent location in the neighbourhood * The compensation package includes sufficient allowance for purchase legal and agents fees, removal costs, temporary loss of earnings and emotional distress * Payment is made promptly - that is within 30 days of the signing of the purchase agreement 3-5 * The vendor is allowed to remain in the house for a reasonable period - 6 months minimum - after the purchase agreement is signed, to provide adequate time to select and purchase a replacement house. l l The present RZGW approach of negotiating the purchase of houses with individual house owners is satisfactory and meets these conditions. At the end of December 34 houses have been purchased with 15 more owners having expressed interest in X selling. As is explained in section 3.6.2 above, the negotiated price is based on an evaluation of the market price prepared by chartered assessors. The negotiations themselves are directly between the owner and the RZGW's representative subject I to final endorsement of the property surveyor. It is evident that the prices negotiated are fair and will enable the vendors to buy an equivalent property elsewhere with sufficient margin to cover the costs of the purchase and the subsequent move. This approach is likely to appeal to the younger and more confident house owner. To date there was no possibility to offer any alternative option of compensation: this will be available only after local development plan of Lubomia gmina has been * accepted (see section 4.1.2 below). In future provision must be made to the effect of a gradually diminishing village population, especially towards the end of the process. These provisions could * comprise either: * A commitment to maintain all services (utilities, transport, services) until the last person leaves I * A planned abandonment of the village when the population reaches a minimum level (critical mass) X (b) Replacement houses As an alternative to money compensation, subject to approval of the Local Development Plan by the Gmina, residents who have not previously sold their houses can be offered resettlement in a resettlement village planned or at other possible sites if available in the existing villages in the Gmina of Lubomia. This option will be offered by means of a letter to be distributed to all residents, followed by individual interviews. Residents who express interest in resettlement will be encouraged to participate in the planning, layout and design of the resettlement village. Depending on the site selected, the village will be provided with community facilities including a village hall, a church and possibly a school. Each householder will be entitled to a replacement house of similar standard and I value as their existing house. Each householder will be given the option to upgrade to a house of higher value, provided the householder pays the difference in construction cost between the equivalent replacement house and the upgraded I house. Removal costs will be paid by the Investor. (c) Money and land As an alternative to either money compensation and resettlement, displaced persons may choose to be compensated by a combination of a plot of land in the resettlement village plus money. In this case the money payable shall not exceed 3 the due compensation. l 3-6 lI 3.7.2 Land owners All land owners will be offered the cash payment for the land required for the project, at unit rates to be determined by an independent property surveyor. Where the land is not required for construction, RZGW can grant the previous owner the right to continue to use the land for agricultural purposes, subject to a rental agreement. The land intended for gravel excavation will be leased to entities interested in such activities. As some farmers are interested in exchange of land the investor could apply to the Agriculture Real Property Agency to indicate the equivalent plots for exchange. If such plots are available in acceptable location the exchange of land will be the alternative option for compensation. 3.7.3 Land leasers and other PAP's Tenants of land which is purchased by RZGW will be compensated under the terms of their tenancy agreement. Land leasers from Agricultural Real Property Agency will be dealt according to contracts. 3.7.4 Loss of enterprises Owners of commercial property and facilities will receive money compensation based on the market or replacement value of their premises. Employees of businesses and services which close as a result of acquisition by RZGW will be entitled to compensation for loss of earnings based on removal and displacement costs or employment termination costs (according to the terms of their employment contracts). 3.7.5 Religious property Religious property will be relocated to a new location outside the reservoir area (cemetery, chapel, crosses, church movables) or relevant compensation will be paid (church building). 3.7.6 Summary Compensation entitlements are summarised in Table 3.1 3-7 m m m - - - m - - m - m m m - Table 3.1 Summary of compensation entitlements Project Iipacts Category of PAP's EntWme -C- - -oeasuaesa - ....- Loss of settlements Resident house and land Market value of house + land Provisions for uninterrupted owners in Nieboczowy and Allowance to cover removal costs temporary housing in existing Ligota Tworkowska OR residence until new house ready Replacement house of equivalent of similar standard and value OR A combination of money and land Tenants Removal and displacement costs (through tenancy agreement) Vulnerable groups as above - according to ownership or Early identification and support tenancy entitlements from welfare department, church and NGOs Loss of land Land owners Market value of the land to be Possibility to lease the land and purchased continue farming of land not + value of fixed equipment required for construction + value of loss of crops + removal costs OR Exchange agriculture land from Assistance in conducting exchange Agriculture Real Property Agency Tenants Removal and displacement costs (through tenancy agreement) Crops loss compensation Loss of enterprises Business owners Market value of the premises to be Provision for continuance of purchased operation if possible + value of fixed equipment + removal and set-up costs + loss of earnings Employees Removal and displacement costs OR Employment termination costs + loss of earnings (either through employment contract) Loss of religious property Church and residents Relocation to chosen location OR Provision for the pastoral service till Replacement cost compensation the last resident Illegal occupiers Not applicable Support from Social services (not foreseen) 3-8 4 Implementation 4.1 House purchase 4.1.1 Voluntary house purchase (negotiation purchase) The present procedure for house purchase is as follows: * House owners voluntarily approach the RZGW stating a willingness to sell. At present 15 property owners have declared such an interest in addition to the 36 owners who have already sold * An initial meeting between the Owner and the RZGW representative to confirm that the approach is serious and that the owner understands the purchase procedure and owners rights. * The property is valued by an independent property surveyor (assessor) appointed by RZGW * The RZGW makes a formal offer to the Owner on the basis of the evaluation * The two parties, the RZGW and the Owner meet to negotiate terms * Once the price is agreed, an Agreement is drawn up by RZGW and is duly signed * The purchase price is paid by RZGW * The Owner is allowed to remain in the property for a period stipulated in the Agreement * Once the property is vacated, the buildings are demolished by RZGW To date, the process from initial approach by the Owner to the signing of the Agreement takes about 3 months. 36 plots including 31 residential have been purchased since September 2003, at an average rate of 2 purchases per month. However this rate is constrained by the availability of funds. When the funds necessary for purchase are made available, RZGW can invite all remaining owners to negotiate conditions of property purchase according to the procedure described above. 4.1.2 Involuntary house purchase (expropriation) If negotiations do not result in purchase agreement and property owner does not agree to voluntary resettlement to planned resettlement village (see section.4.3 below) institution of the expropriation procedure will be necessary: * RZGW requests the Starosta (Head of the Poviat) to institute the expropriation procedure and attaches full documentation of negotiations already conducted * Starosta offers the person that is to be expropriated an additional two-month term for execution of the property sale agreement * When agreement does not signed within extra two month - the starosta sends a notice informing on institution of expropriation procedure and sets the date of administrative hearing * Starosta asks property surveyor to define value of the property * Starosta offers the person that is to be expropriated a replacement property option in line of compensation * Starosta issues expropriation decision including determination of the amount of compensation 4-1 * The decision (compensation level) can be subject to appeal to the voivode and if upheld by the voivode - the second appeal to the administrative court * Payment of compensation takes place within 14 days of the day when the l expropriation decision becomes final 4.1.3 Illegal occupiers l There is no evidence of any illegal occupation of houses. During all surveys RZGW and consultants did not come across any illegal occupiers in the area. l Assets will be compensated for whether or not they have building permits. 3 4.2 Land acquisition for construction purposes Investor has already taken actions to start the acquisition of land for embankments, the protection cordon, and building sites of designed reservoir. In case of land belonging to private individual farmers the first step is establishing contacts with owners and recognizing the path preferred by present owners of land 3 transfer. l 4.2.1 Negotiated purchace For plots, which owners are interested in seling the land ( receiving cash compensation) the following procedur eis being applied: I * Evaluation of plots value by a chartered property surveyor * Offer to purchase plots belonging to each owner on the basis of the evaluation made by a property surveyor * Negotiations concerning price and conditions of purchase as necessary Preparation and signing of purchase agreements * Compensations payment 4.2.2 Land Exchange In cases where land owners declare their preferences to exchange their plots for plots outside the designed reservoir area, the procedure involving Agricultural Real Property Agency ( institution administrating land owned by the State Treasury) and Starosta (expropriation procedure is necessary in such case, as RZGW does not have a right to transfer replacement land based on regular civil-law agreement) is applied).The following steps are necessary to execute this procedure: . 5 (a) Prepration of exchange land * Identifying areas suitable for farmers ( taking into consideration location, soil quality, sizes of the plots), belonging to Agricultural Real Property Agency (AN R) . Negotiations with ANR concerning possibilities and conditions of acquisition I of replacement land * Obtaining pledge from ANR (signed agreement) that the areas which are subject of interest will be reserved for replacement land. During current negotiations between the Investor and ANR two possible sites of land exchange were recognized, which partly can be designated for replacement 4-2 l land for farmers from villages Bienkowice, Racib6rz Sudot i Studzienna interested in this king of compensation. These sources are: - Agromax Ltd.. leaseholder of the area of about. 3000ha of state owned agricultural land in distance of about 10km from Biehkowice village -the lease agreement between the enterprise and the Agency states that, Agency can decrease the area under the agreement by 20%, if such area is required for public investment ( replacement land for farmers from the area of reservoir qualifies as public investment) - Family farm belonging to Mrs. Bednarska from Kietrz, total area of 100ha between PKP railway tracks and road Racib6rz- Chatupki ( 20ha are possible to be gained in this location for replacement land) Appropriate agreement between Investor and ANR is planed to be signed at the end of 2005. FIG 4.1 Anticipated location of replacement land 0 . t: - - ~~~~~~~~. ~ >S_ ~-.* \s I - - ,c ,,%k .S - O,AENTACYNIA L' CAL GR i NO L N f' IESThATED LOCATiON Of REPLCE ._' OBWALW RACBIR A ' -i i -_ I RACIDBORZ RESERVOIR EMBANKMENT 4-3 3 (b) Expropriation procedure * Choosing particular plots which will become a subject of administrational procedure carried out by Starosta leading to equivalent exchange of I agricultural plots. Exactly the sane expropriation procedure applies to land plots as to residential buildings ( described above in p. 4.1.2) * The Agency issues a decision to hand over the land at the Starosta's X disposal * Owners of expropriated land are entitled to money compensation, however, if requested by the owner the replacement land can be handed over - Starosta I designates replacement land obtained earlier from The Agency * Replacement land is designated according to the value of expropriated land, priced by the quantity surveyors. The rule is set on 1ha unit of replacement f land for 1 ha of expropriated land. There is possible points system pricing considering the location and quality of the soil. In such case the total area of replacement land will equal the number of points achieved for expropriated land. * The Starosta's administrative decision for expropriation with replacement land compensation may be issued separately for each plot/ owner or it may l be one collective decision with the description of each case. It is estimated that about 200 ha of land may be required to meet the requests of the people that may be affected by acquisition of land needed for dikes and other * infrastructure to be acquired first for starting construction of the dry polder. As shown above adequate land would be available at the sites identified to accommodate the affected people who may opt for replacement land instead of I cash compensation. The described operational path will be implemented in land ,,tranches" ( of different l consolidated area). It is possible to proceed according to this path a few times, depending on availability of replacement land and investor's needs for land acquisition according to the reservoir construction schedule. 4.2.3 Acquisition of State Treasury land I In case of the land belonging to Agricultural Real Property Agency and leased for agricultural purposes there are two categories of land leasers: * short term lease contracts (2 years long contracts )- in this case investor is I waiting for the expiration of the lease. There are 4 contracts expiring on 30.09.2005 - area of about 100 ha required for dams, vicinity of Brzezie, Nieboczowy, Grab6wka (right embankment) . I * Long term contracts - situation described above concerning Agromax Ltd. Another 80ha located under the embankment will be acquired within the 20% * reduction of the leased area ( condition stated in the lease contract) Land belonging to State Treasury and administrated by either self government or other state institutions will be acquired according to the Act on Management of Real l Property. 4.3 Lease holders * Within the reservoir area there is 546 ha of land belonging to Agricultural Real Property Agency, which is being leased to private farmers or companies. 4-4 U 180 ha of this land assigned from 329 ha of total plots area under embankments in ARN hands ( see table 6.10) will be acquired by the Investor in the priority for reservoir construction purposes - for breakdown see point 4.2.3. The breakdown of 214ha leased by ANR inside the reservoir is similar to land under the embankments: 50% is under short term leases, 50% under long term leases. Long term leases, mostly signed for 20 years in early 90s, expire before year 2011- planned construction execution. After that year they will be renewed with the clause concerning the possibility of temporary flooding. If any long term lease contracts does not expire before reservoir construction is finished, then tenants are entitled to compensation for crop lost. 4.4 Enterprise The conditions of enterprise purchase will be negotiated with thebusiness owner and the procedure is similar to that for residential property described above in p. 4.1.1. Employees (or their representatives) will take part in negotiations concerning compensation for change the work site. 4.5 Resettlement village The procedure for the development of the resettlement village(s) is as follows * Distribution of a letter to all residents of Nieboczowy and Ligota outlining the option of resettlement to the new village and requesting their preliminary views * Lubomia Gmina grants location permit or includes the new village in the local development plan * Interview with each family that did not respond negatively to the resettlement village option * Confirmation by RZGW of commitment to resettlement village * Development of a dialogue between the interested families, RZGW and Gmina representatives to determine the village layouts and functions that takes account, as far as possible, of villagers views and wishes. * Appointment of architects to prepare layout plans * Preparation and signing commitment agreements between each family and the RZGW * Acquisition of land and procurement of building company * Construction of resettlement village(s) 4.6 Allocation of responsibilities This section summarizes responsibilities of authorities and organizations involved in RAP preparation and implementation. Some of these activities are already started. 4.6.1 RZGW (a) Principles RZGW have prime responsibility for implementing the RAP, following the following broad principles: * The level of compensation should be reasonable, as it has been so far * Payment should be made promptly * Affected people should continue to be allowed to remain in their houses after house purchase for a reasonable period until they are ready to leave 4-5 l (b) Specific actions Main RZGW (Investor) tasks are as follows: * Negotiations of terms of voluntary property purchase based on civil-legal agreement * Arrange finance for property purchase and replacement land for I compensation * Application to ARPA with a motion to let land necessary for reservoir construction to be administered by RZGW and to indicate the plots for land I exchange for persons interested * Information and advice for affected people * Role of investor for replacement village (design and construction, I consultation with future inhabitants) * Arrange removal to replacement village * Restoration of area within former villages (demolition of buildings, 3 structures, infrastructure) * Provide access to the land within reservoir area that can be used for agricultural purposes * * Leasing agreements with interested parties for lands within reservoir area 4.6.2 Voivodship I Voivodship authorities competences are as follows: * Formal administrative decisions concerning whole project: o In case of Wojt refusal - Location decision (preceded with EIA U procedure) - granted 5.07.2004 o Water permit, approval of water management instructions o Decision on conditions for construction works within areas of special nature value o Building consent for reservoir construction (preceded with EIA procedure) * Voivodship conservator of historical monuments - permit for relocation of structures recorded in the register of historical monuments (not found) and approval for relocation of the tokens of historical and artistic value from the cemetery area | 4.6.3 Starosty (Poviat) Poviat authorities (Starost) competences are as follows: * Conduct expropriation proceedings I o Invite for negotiation and set 2-month term for the agreement o Decision on commence of expropriation proceedings o Designate the property expert to define value of the real estate U o Administrative hearing o Determination of the amount of compensation based on opinion of the property expert I o Expropriation decision * Participation in exchange of ANR land l * Building consent for demolition of purchase houses and structures * Building consent for individual houses and resettlement village * Building consent for reconstruction of commercial buildings (shops, cafes, y workshops, bakery) and infrastructure 4-6 4.6.4 State Poviat Sanitary Inspector Sanitary inspector shall be responsible for: * Opinion on closure of cemetery * Decision on removal of buried persons and relocation to another set * Approval of design documentation with respect to hygiene and health issues 4.6.5 Gmina Gmina competences are as follows: * Resolution on the local physical development plan, including change of land and forestry area intended use * Decisions on land development conditions for individual houses and resettlement village * Decisions on land development conditions for reconstruction of commercial buildings (shops, gastronomy, workshops, bakery) * Approval to cut trees in the construction area * Provide infrastructure: roads, electric energy, telephone, water supply and sewage disposal, waste disposal * Provide access to education (school, kindergarten, common room) and basic health service * Support for poor and homeless people (welfare department) 4.6.6 Agriculture Real Property Agency (ARPA) ARPA shall be responsible for: * Letting lands to be administered by RZGW that belong to Resources of Real Property of State Treasury and are required for reservoir construction or situated within the future reservoir area * Indication of replacement property for those landowners in reservoir area who are interested in such exchange and exchange agreement (through Starost). 4.6.7 Church authorities (Curia) Church authorities competences are as follows * Provide pastoral service for the resettled inhabitants in former and new place of residence * Decision on closure of cemetery, approval for new use of the area * Approval for conditions of relocation or removal of church property and movables (furnishings and accessories) * Approval for conditions for exhumation of corpses and participation in exhumation 4.6.8 NGO's Among NGO's PCK (Polish Red Cross) and Caritas should be involved in supporting poor and homeless people. 4-7 4.7 Coordination and management Resettlement Action Plan is one of the tasks of Raciborz reservoir project. The body 5 l responsible for implementation of the whole project is RZGW in Gliwice. At least two independent international financing sources for the whole Raciborz project are assumed, therefore the whole project management shall meet I requirements of the financing organizations. In particular the responsibilities of PIU established within the organisational structure of RZGW shall cover all the requirements of managing, coordinating and financing bodies. The decision concerning the details of reservoir implementation and financing shall be taken at the national level as the project is an essential element of Odra 2006 3 Programme. 4-8 3 5 Resettlement sites 5.1 Introduction Initially all residents of the project area are approached by the investor with the proposal for household purchase (procedure described in p.4.1.1). Since September 2003 the buy out gradual process results in residents families moving individually to different locations depending on their preferences. However for those who need assistance or simply prefer to move together with part of the community replacement houses in the planed replacement village will be offered. Three sites for replacement villages have been identified and the RZGW had, at the end of 2004, applied to the Gmina of Lubomia for a Location Permit for construction of resettlement villages at all three sites. The Gmina instituted proceedings to introduce relevant changes in local development plan. Depending on demand of the inhabitants for resettlement, RZGW will then proceed to purchase sufficient land and the preparation of village plans. A separate modified resettlement action plan will be prepared and submitted to funding sources for review when the decision is made to proceed with the construction of a village. All three sites are situated close to Lubomia village, which provides the following services: * Church * cemetery * communal administration * primary and pre-secondary school * shops and bars meeting needs of Lubomia residents. South of Lubomia there are builders merchants that can supply materials, tools and building equipment during construction of the housing estate. The location of the three sites, listed below, are shown in Figure 5.1 5.2 Description of possible sites 5.2.1 Lubomia - Paprotnik This site is situated immediately to the north west of Lubomia and is the closest of the three sites to Nieboczowy, which is just 4.2 km west of the site. The land is at an elevation of some 200 m.a.s.l., gently ascending in the south-east direction, i.e. towards the village of Lubomia. It is at present used for farming, with no mid-field trees. The site area is approximately 30 ha. Lubomia-Paprotnik is located near county road DP 003 -18 that connects Raciborz and Wodzistaw Slaski. The National Transport Company bus stop is situated 500 m from the site. 5.2.2 Lubomia-Zagrody This site is situated immediately to the south of Lubomia and is 5km from Nieboczowy. The land is flat at an elevation of some 193-5 m.a.s.l. It is at present used for farming, with a few mid-field trees. Its southern limit is the Olza-Markowice 5-1 railway line, while its western section borders of nature reserve ,,Wielikqt ". The site area is approximately 30 ha. Lubomia-Zagrody is located adjacent to the county road DP 003 -18 that connects I Raciborz and Wodzistaw l1qski. The National Transport Company bus stop is situated close to the site. 5.2.3 Syrynia-Dqbrowa l This site is situated immediately to the east of the hamlet of Syrynia and is the furthest of the three sites from both Ligota and Nieboczowy (approx. 14km). The land is flat at an elevation of some 229 m.a.s.l. It is at present used for farming, with a few mid-field trees. The site area is approximately 20 ha. Its southern side borders on strongly undulating forest lands that rise to some 260 m.a.s.l. There are no mid- field trees or water courses that might hamper construction. I Syrynia-Dabrowa connects through communal road with provincial road No. 936, Wodzistaw l.-Chatupki. l Syrynia-Da,browa is the only one of the proposed sites that has physical infrastructure. Water supply, power and telephone networks are available. Communal local government authorities of Commune Lubomia are now seeking I solutions concerning layout the sewerage network and sewage treatment. The location is not as good as the other two in terms of basic services, but it is 3 located close to the existing village of Syrynia, and thus it might constitute a kind of a separate building development enclave. 1 l 5.3 Village layouts 5.3.1 AGO-Projekt proposals In a study commissioned by RZGW, AGO-Projekt examined the following development options for each of the three villages: I * three options for residential and service development for Lubomia- Paprotnik * two options applicable to residential development for Syrynia-Dabrowa * one option for farmstead development for Lubomia-Zagrody The options for the development of Paprotnik and Syrynia are summarised in Table I 5.1 I 5-2 I_ Table 5.1 Options for the development of Paprotnik and Sy nia Single family houses _ _ - number no 181 130 113 113 105 - average area/unit m2 1316 1763 1411 1343 1407 -total area ha 23,8 22.93 15.95 15.18 14.78 Services ha 0.7 0.93 1.25 Green areas ha 1.59 1.52 4.27 Carparks ha 0.14 0.26 0.63 - - Transport ha 5.2 3.68 5.53 4.02 2.94 total ha 31.46 29.32 27.65 19.2 17.72 Source: AGO Projekt The proposed development of Lubomia - Zagrody comprises 7 plots, areas ranging from 3.2ha to 4.5ha. 5.3.2 Recommended layout (a) Sites Until the number of displaced people who wish to move to a resettlement village is precisely known it will not be possible to decide which or how many of the three sites should be developed. Moreover, RZGW is committed to engage them in decision-making regarding sites and layouts. However, on the basis of the response to the 2002 questionnaire, which showed that 40% of the population might wish to move to a new village, it can be assumed that approximately 50 houses will be required plus a small number of farms. On this basis it would seem likely that the entire demand for plots in a resettlement village - residential and farming - can be met using one or more of the three sites. (b) Layout It is not possible or appropriate to recommend a village layout until the people who wish to move to the village have been consulted. It does appear, however, that the final layout will differ from those proposed by AGO-Projekt in that: * The average plot area proposed (1316 - 1763m2) is considerably less than the average plot area in the existing villages * The proposed layouts are all characterised by rows of identical plots whereas in the existing villages plot areas and shapes show considerable variety. 5.4 Provision of public services The following public infrastructure will be installed by RZGW in the selected village: * Road access * Surface water drainage * Piped water supply * Sewerage* * Electricity supply * Telephone lines * Gas supply * It should be noted that sewerage is not yet included in the Local Development Plan. 5-3 5.5 Cost of houses and infrastructure I l All costs of village construction are net values (VAT exclusive). 3 l 5.5.1 Land On the assumption that 50 families will choose to move to the resettlement village and that the average plot size will be 3000m2, the cost of land is estimated as PLN | | 1.75 million, broken down as follows in Table 5.2. Table 5.2 Cost of land for resettlement villlage I | ! Description - ~. ; K- - * 4 - §- ; KK unit quantltr_ Building land m2 150,000 10 1.5 Transport system m2 25,000 10 0.25 Total 1.75 Source: Own estimation based on property surveyors report - Appendix C 5.5.2 Infrastructure The cost of the provision of infrastructure is estimated as PLN 8.3 million, broken down as follows in Table 5.3. 3 Table 5.3 Infrastructure cost Roads m2 25,000 120 3.0 Street lighting m 2,500 97 0.24 Surface water drainage m 2,500 679 1.7 Water supply m 2,500 400 1.0 Sanitation m 2,500 679 1.7 Electricity Lump sum 0.53 Telephone lines m 2,500 50 0.13 Total 8.3 Source: Own estimation based on property surveyors report - Appendix C 5.5.3 Buildings The cost of the provision of buildings is estimated as PLN 19.58 million, broken 3 down as follows in Table 5.4. Table 5.4. Buildings construction cost U Description unit Quantity rate Amount PLN million Houses m2 7,000 2505 17.5 Garages m2 1,000 1036 1.04 Other buildings m2 1,000 1036 1.04 Total 19.58 U Source: Own estimation based on property surveyors report - Appendix C 5-4 I1l11 1 5.5.4 Summary The total cost of the resettlement village is estimated as PLN 32 million, broken down as follows in Table 5.5. Table 5.5 Total cost of the resettlement village '~~ -. ~ / :AmQ~unt1t. - I ~ ~ ~ ~ . .. ~ ~ ~ ~ J -.-f Land purchase 1.75 Infrastructure 8.3 Buildings 19.58 subtotal 29.63 professional fees @ 8% 2.40 Total 32.0 Source: Own estimation based on property surveyors report - Appendix C 5-5 f f~~~~~77 l - - - - - - - - - - - - - - N I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~' . W_ , . I~~~~~~~~~~ Pro.sdlcalo S6 rrsell mel\lw -! 678> X /' \- ,.1 _ g , "Study of conditionsand trends io landdevelopmenl" Ci£;r\;, t # i > |> . - .Jr . v -,. ,. ,,, - * ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~. i L38 rOr r Luboml/l W-H-W se . , _L z - -- 5 ' z - " S - I |~~~~~~~- I I I I I I I I I I I ! l Cost estimates 6.1 General Details of cost estimates are shown in Appendix C - part 3 Compensations. All costs are net values (VAT exclusive). Estimates are given in 2004 prices. 6.2 Houses and associated property The estimated cost of purchasing residential property, including houses, associated buildings and gardens are summarised in Table 6.1. The costs for properties already purchased are historic costs while those for properties yet to be sold are based on costs of properties already purchased and compensation estimates. Data on properties already purchased as for 31.12.2004 Option I It is assumed that of the 178 householders (of which two houses are uninhabited), * 29 have already sold their property * 149 will choose to sell their property In the Table 6.1 below the cost of purchase of all 178 households is summarized plus properties without residential houses already purchased and chicken processing plant. Table 6.1. Cost of purchase of all residential properties rscrIpuon ; . ' ntity- I Properties already purchased - Ligota 1.1 - Properties with houses 21/2620 2.5 1.2 - associated buildings 1.3 1.3 - associated land 339 658 1.1 1.4 - Properties without houses 4/45924 0.1 1.5 - Chicken processing and grain drying plant 1 2.1 1 Subtotal (26 properties) 26 7.1 2 Properties already purchased - Nieboczowy 2.1 - Properties with houses 8/1164 1.3 2.2 - associated buildings 0.7 2.3 - associated land 65 978 0.3 2 Subtotal (8 properties) 8 2.3 TOTAL purchased till 31.12.2004 34 9.4 3 Properties to be purchased - Ligota 3.1 - Properties with houses 19/2698 3.4 3.2 - associated buildings 1.1 3.3 - associated land 348 859 1.1 3 Subtotal 5.6 4 Properties to be purchased - Nieboczowy 4.1 - Properties with houses 130/18460 23.6 4.2 - associated buildings 10.9 4.3 - associated land 1 097 874 4.3 4.4 - Specialized farm 1 3.5 4 Subtotal 42.3 TOTAL to be purchased 5,6+42,3 47.9 5 Total properties purchased and to be purchased 9.4+47.9= 57.3 * Table based on RZGW data. 6-1 ! C 160 - 140 I | ___ __ 120 l 100 A 1 '~~~~~~~~~~~~~~~~~~~~~~~~~~~~~-41--cumulative espenidiure, earliest 100 - 4-0--cquarterly expendture, eardiest F 80 --- cumulative expendture latest| '- 80- 4 quarterly eupend,ture, latest cCO60- / } . 40- 20 0 2005 2006 2007 2008 2009 2010 2011 year Figure 6.1: Cash Flow 6.9.2 RAP Implementation schedule The implementation schedule, illustrated in Figure 6.2, shows that the Resettlement Action Plan can be completed by mid 2009 if no activities are blocked (earliest completion). If resettlement is completed by December 2011 (latest completion) the commissioning of the reservoir will not be delayed. In order to fulfil implementation schedule, the process of land acquisition for construction purposes has to be realised simultaneously with activities related strictly to the resettlement action plan. Table 6.10 gives a breakdown of the land to be acquired for main structures, building sites and borrow areas as the priority before the construction permit is obtained. Table 6.10 is based on the division of current plots, which in many cases will be changed before the buy out. According to present plot boundaries, an area of 1138ha will be priority for purchase or take over. After plots size adjustment this area will be reduced to 960 ha. No houses need to be acquired for reservoir construction purposes. 6-6 Table 6.9 Dates of milestones I Activity. . Targpodstq '¢ .____________.___________D_____ saFlisst 5 5 ateet~.; Resettlement village - Decision in principle on the resettlement village Jun 06 Dec 06 - Agree resettlement village layout with affected persons Jun 07 Dec 07 - Finalise village design award construction contract Jun 08 Dec 08 - Complete village construction Jun 10 Dec 10 Nieboczowy and Ligota Tworkowska - Complete purchase of residential property Dec 07 Dec 09 I - Evacuation of all residents completed Sep 08 Jun 11 - Infrastructure decommissioned Jun 09 Dec 11 - Church demolished JunO9 Dec 11 Land acquisition For land ownership data look Table 6 10 - Main dam Jun 06 Dec 07 I - Right dike Jun 06 Dec 07 - Left dike Jun 06 Dec 07 l - Remaining Jun 09 Dec 11 Table 6.10 Information concerning land required for reservoir construction Total 349 524 352 2375 3 Including: 212 415 462 1256 Private 147 325 146 1394 58 122 108 542 ANR 42 42 27 59 79 107 146 214 l RZGW 7 49 30 49 9 30 28 25 3 Other 153 108 149 873 66 156 180 475 * Given area in hectares is a total of plots area. For purposes of land acquisition required for reservoir construction existing plots under embankments and main damn will be divided into smaller pieces, so that land strictly necessary for construction is purchased or taken over by the investor. l l 6-7 lI l - 6-1 - Figure 6.2: Implementation schedule Activity Q2 005 Q4 Q 1 20 06 Q4 Q1 20 07 Q4 Q1 20 08 4 2009 Q1 Q4 Q2 Q2 1 21Q4 Property purchase _ < _ Ql . . . I . L Negotiation & purchase - ----T Rem oval-- - - - - - - - - - - - - - - - - - - Resettlement village - consultation - decision to proceed - land purchase - village layout - detailed design __ - procurement - col:nstuctioneY I z I I I I I I I I IZI I D -removal -- --1- -- - -- Religious property -. consultation - removal of cemetery IL --- -church closure | || -demolition ] Infrastructure decommissioning Land acquistion - establish data base - construction area, east t - - - 1 j - construction area, west : |. - construction area, north T L L L1- - interior area I I I I - - -- ---- F______________________ .- l E~ i earliest completion -23 '- ~ ~ Latest completion - 6-1 t I II 11-7-1- 7 Participation and consultation during implementation 1 7.1 Communication The consultation processes used so far to update affected inhabitants will be I replaced with other activities that are more appropriate to the current situation. * Poll survey. A census and assessment of demand for a resettlement village will be undertaken. The census will be included in the land/property purchase process and the survey of resettlement preferences will be carried out near the end of 2005 when it is expected that the effects of purchase of some houses in Nieboczowy will be apparent and opposition will decline. * Data base updates. The compiled data base (data from 1998-2004) submitted to RZGW with this report as a demo can be used for current purposes lt= assumed provided that it is completed and systematically updated. The most important are socio-demographic data (number of persons in the household, age, sex, employment etc) and inventory data related to size and equipment of the house. Some of RZGW Racib6rz staff can be responsible for such updating, during the purchase process, after relevant training. Every visit of RZGW representatives to individual households will generate new information that will be entered in the database without delay. This will enable the investor to have useful and up-to-date information with easy access to it. l l * Direct group consultation - the public meetings that have been shown to be most effective are small groups focused on specific issues. In addition to holding meetingsRZGW will use direct marketing methods - to send information leaflets to l | all householders private addresses. Internet (see 7.1.3 below) may be also a good source of actual information and collecting opinions especially for young people who regularly use Internet. Traditional consultation in form of meetings of RZGW and Defence Committee representatives will be continued as needed. The main goal should be to try to keep the Committee aware of current plans and options, with the expectation that the information will be shared by their constituents. 7.1.1 Written communication The lack of reliable information should be overcome by traditional letters sent by post to each household in Ligota Tworkowska and Nieboczowy. The way how the I information is presented is of the same importance as its reliability. The draft text proposed in Appendix E has some persuasue potential. Some graphics are also recommended so that it appeals to people. The alternative designs for the ,,New I Nieboczowy". village should be presented as well. The whole letter, edited in attractive format shall demonstrate that the investor and its partners take the future of all the people living in the area to heart. l The subsequent correspondence should be improved basis of the feedback received by any means. It is important to know how residents responded to the first letter and to draw conclusions for future meetings. Some reference to the proposed web site will be included into the next letters. Assuming that access to internet in both villages is limited, the information leaflet can be attached consisting of the following information: l * Purpose of reservoir and its necessity 7-1 I - 7-2 - * General time schedule (how many years of construction can be expected, explanation, that after taking the decision t sell and signing the notary papers people would be still allowed to stay for a certain period of time before they find themselves a new place to stay) * Information about the inevitability of the project - explanation that Raciborz reservoir, as a part of Program Odra 2006, has been included in a governmental tasks list, that local permit has been issued and that all the important decisions has already been taken. * Description of compensation methods * Request for the information concerning preferable compensation method, views on creating the resettlement village - these questions could be put on the perforated part. To make it easier for the respondents envelope with the stamp should be attached. * Contact details to the person who could answer any additional questions or could take a note of respondent's views - telephone number, email address, position (to ensure people that they are treated seriously and that the person they can speak to is adequate and has a good knowledge of the subject). 7.1.2 Media The topic of the Raciborz reservoir was raised several times in the local and national media. Information about planned construction of the reservoir could be found in newspapers - for example: Nowiny Raciborskie (local) and SuperExpress (national). There were also radio (i.e. national RMF FM - Raciborz reservoir weekend - spring 2004) and television auditions (spring 2004 TVP2). In the press releases and radio/tv presentations on the local level, the investor was usually criticised for not having sufficient contact with the affected society and for lack of so called "good will" in studying alternatives that would limit resettlement of Nieboczowy and Ligota. The short abstract of media information on the planned reservoir is presented in Appendix D. On the national level, in the contrary, the Investor is rather encouraged to speed up the process and the people presenting strong views against the reservoir (Defence Committee of Nieboczowy mainly) are criticised for not seeing the greater picture, and for not taking into any account that the reservoir will protect thousands of people from the tragedy of the future floods. RZGW has some possibilities to include the radio into its plans. The local radio "9OFM" has agreed to dedicate one week for Raciborz reservoir broadcasts during which journalists will present the project and experts, using the special hot line, will explain all matters connected to its construction. The proposed plan of broadcasting is presented in Appendix E. All current information on project implementation, decisions and actions taken as well as all on occurring problems will be regularly transmitted to representatives of local press, radio and television. 7-2 -7-3 - 3 7.1.3 New web site During one of the consultants' meetings with a local teacher it was suggested to build a website concerning all the issues concerning construction of the reservoir and related matters. This would enable affected people to communicate their views as well as receive information. The website should consist of the following subjects. * Technical information (engineering): type, capacity, construction, drafts, designs, purpose, investor etc. * Environmental information,(losses, benefits), environmental protection measures, documents connected with environmental protection * Commercial information concerning prices, land and property evaluation methodology description * Sociological information concerning surveys results, analysis of opinions and * forum contents * Others - photos, interesting facts 3 as well as a forum page, questionnaires, advertisements etc. The web site will target the following people: * Flood Plain residents, their families, other people directly affected by the J investment * RZGW employees and other people from the Investor's side * Consultants, scientists, experts (Jacobs) and other people connected with the I project * Media representatives looking for the up to date information * "Politics" - local level, deputies, voivodship administration I * People interested in hydraulic structures * ,,Ecologists" - people for and against dams * Project Coordination and Financing Institutions representatives- easy way to I monitor progress of the construction of the reservoir The proposed contents of the site is presented in Appendix E. However before any investment in the web site there must be evidence that people directly affected will use it. I, 7.2 Participation in design of resettlement village People who choose resettlement as a compensation option are given the chance to express their views on: * selection of the site * layout of the site * location of their plot * design of the residence. 3 The process of designing "New Nieboczowy" village will be a good opportunity to motivate the distrustful population of Nieboczowy. However, all should be informed in advance about the work already done (by letters) and be invited to further I discussion (if interested). * The website should comprise a separate web page dedicated to this issue (with forum if need be) l * The Lubomia Gmina office should organize an exhibition of village designs. The questionnaires can be prepared and available for all the visitors to collect their free opinions and evaluation of particular proposals. 7-3 - 7-4 - * A formal invitation for consultation will be addressed to Defence Committee, and all relevant documentation made available to it * The local media will be involved in preparation and promotion of the village design with the emphasis on improving of living conditions and standard of new houses * A competition could be organized to engage local people into co-operation, for example: to propose a new name for a new village. 7-4 -8-1- 8 Grievance redress 1 8.1 Grievance procedure according to Polish regulations The procedure for appeal against any administrative decision is defined by the provisions of the Administrative Procedure Code and provisions of the Procedure before Administrative Courts Act. These provisions are discussed in detail in 5 Appendix B. Any affected party can appeal against a decision related to its rights. Within 14 days from the day of delivery of the decision the party can refer to the administrative body I of higher instance. Lodging an appeal ceases execution of the decision but it does not stop execution of decisions with the clause of immediate execution. 3 If the decision of the body of higher instance is not satisfying, either, the affected party can within 30 days lodge a complaint against it to the Provincial Administrative Court. A compliant is lodged via the authority relevant to issue a decision that within 30 days transfers the complaint to the court. This complaint does not stop the execution of the decision. However, if there is a risk of causing significant damage or other effects difficult to be removed, the court may, to the motion of the appellant, 3 issue a decision to stop the execution of decision in whole or in part. The ruling of the Provincial Administrative Court may be within 30 days referred to the Supreme Administrative Court (court of 11 instance) for cassation. The SACourt's award is decisive and binding. The above procedure is valid for all kinds of decisions, including starost's decision on expropriation. If the parties came to agreement as to conditions of expropriation after appeal has been lodged, they may apply for suspension of the administrative proceedings. After conclusion of relevant agreement the proceedings are discontinued. 8.2 Appeals to international bodies Upon Poland's accession to the European Union the provisions of European Law became applicable in Poland. According to the doctrine of supremacy of European Law, in the event of a discrepancy between these provisions and the regulations of local law, European Law shall prevail. This rule applies to any provisions of the * national law, including provisions contained in the Constitution. No discrepancy has been found between Polish and European regulations concerning expropriation. Provided that all domestic legal remedies have been exhausted, within six months from a final judgment of the Supreme Court any natural or legal person may apply to the European Court of Human Rights against a country who has violated his rights protected by the Convention of Human Rights. If the European Court determines * that there was a violation of the Convention and that the internal law allows only partial reparation to be made, appropriate satisfaction to the injured party may be adjudicated. 8-1 I U - 9-1 - 9 Monitoring and evaluation 9.1 Monitoring 9.1.1 Need Resettlement is an activity that begins before the start of project construction and its timely completion may be critical to successful implementation of the whole project. Therefore implementation of Resettlement Action Plan must be responsive to actual conditions. Consequently, the RAP requires regular review (at least on an annual basis) to identify any problems or unforeseen opportunities so that the plan can be adjusted and corrective action can be undertaken if necessary. Monitoring involves the systematic use of information to determine the extent to which plans are being implemented effectively and their impact. Monitoring of displaced people is essential. The status of these people will be monitored periodically to ensure that the key objective of the Resettlement Action (._ Plan - that nobody should be materially worse off as a result of the construction of the Reservoir - is achieved. 9.1.2 Methodology The basis of monitoring system is regular reporting. The actual progress in property and land acquisition shall be reported to decision makers each month and include at least the following information: number of agreements signed; number of houses purchased; area of acquired plots; vacated houses purchased houses still occupied; other buildings purchased and buildings purchased and still in use; demolished houses; costs incurred and the number and status of court cases contesting compensation; complaints received by RZGW and documentation of responses by the project. Simultaneously the map of the area will be updated. In case of any delays or problems (unsuccessful negotiation) early identification will allow for relevant action: updating of implementation schedule, initiation of expropriation procedure or major changes in the RAP. Similarly all activities related to the consultation, design and construction of the resettlement village location of residents shall be reported monthly. Monitoring of the status and concerns of displaced people will be closely linked to the communication activities described in section 7.1 and be reported in both quantitative and qualitative terms. The information collected on point of sale constitutes the baseline for further assessment of resettlement impact. The unit responsible for RAP implementation will maintain case notes of each family to be displaced from the time of first contact to three years after the family has relocated. The case notes shall include: * Personal details of the family members - numbers, age, disabilities if any, source of income * Inventory of assets and compensation entitlements * Details of negotiations * Correspondence * Copy of purchase agreement * Details of new home * Schedule for relocation 9-1 -9-2 - 3 * Comments on concerns, expectations or any additional observations * Details of court appeals and challenges. 5 The data files presented in Appendix A and the electronic data base proposed will be used for these purposes, provided that it is created and continuously updated during preparation and implementation of the RAP. The data files presented in 3 Appendix A and the electronic data base proposed would be used for these purposes, and they will be continuously updated during RAP preparation and implementation. A baseline will be established through brief survey administered to each household at the point of sale that covers compensation levels, income 1 sources, socio-economic status, property holdings and post resettlement plans. This baseline would be incorporated into the larger database and used for follow up monitoring to assess the resettlement impacts and, if appropriate, to identify problems that need mitigation. The RZGW Gliwice, with support form independent consultants, would manage this database. 5 From the notes prepared and data collected during the property acquisition/sales *x = the level of monitoring of each family will be determined. During this process, vulnerable families will be easily identified. For these families it will be important to I liase with local social services, NGO's and, where appropriate, the Church. A plan of visits and contacts would be prepared to resolve any problems that might arise and to reassure and advise. These will be particularly important during and after the 3 removal from the village to the new home. All affected persons will be given the name and contact information for the official 3 responsible for monitoring and liaison. 9.2 Independent evaluation l The monitoring, and any necessary follow up action, will be monitored by an independent consultant (Monitoring and Evaluation, M&E Consultants) to be appointed by the PCU. External monitoring will comprise a twice yearly visit J throughout the implementation period. The main objectives of this monitoring are: * to observe the functioning of resettlement operation at all levels, * to assess the effectiveness of activities and compliance with RAP with I special regard to the adequacy and timing of compensation, * to verify internal reporting and monitoring of the PIU, * to check the functioning of grievance redress mechanisms, I * to assess the effects of the resettlement on people standards of living, * to advise project management regarding possible improvements in RAP implementation, if appropriate. M&E consultants would be appointed according to the agreed procedure under the project using resources allocated under component C4 of the project (about Euro 3 million). The M&E consultants, among other things, will review the implementation of the RAP and provide reports to the RZGW Glwicie, Ministry of Environment, Project Steering Committee and the project financing institutions along with any mitigating measures required during RAP implementation. The RZGW Glwice and * PCU will issue quarterly monitoring reports regardijng RAP implementation, which will be reviewed during supervision missions of the international financing institutions, followed up by field visits. In addition, two surveys will be undertaken by I the M&E consultants: one at the completion of the land acquisition and resettlement process; and another two years later or at the end of the project period. Using the baseline established during implementation of RAP, the surveys will assess the I impact of land acquisition and resettlement on households and, if appropriate, 9-2 IU - 9-3 - recommend steps to be taken to achieve the objectives of the RAP and to mitigate negative impacts that were not foreseen in the RAP. 9-3 1 - 10-1- 10 List of sources used f | List of publications: 1. Bank Procedure BP 4.12 dated December 2001 concerning Involuntary Resettlement, revised in April 2004 2. Annex A to Bank Procedure BP 4.12 dated December 2001 Involuntary Resettlement Instruments I 3. Decision of Silesian Voivod Nr PR - AB. II/ID/7111/93/04 dated 05.07.2004r. concerning location of RACIBORZ flood reservoir on Odra river. 4. Materials for setting location of public investment- Zaktad Ustug i Rob6t Wodnych Sp. z o.o. - study carried out by mgr inz. Stanistawa Staniszewskiego, May 2004r. 5. Estimation Study- Consulting and Trade Company -GAJA s. c. Gliwice 05.11.1998r. - Joanna Fackowiak Wtoszyn, I'\ 6. Operational Policies 4.12 dated December 2001 concerning Involuntary Resettlement, revised in April 2004 7. Study of local development for Gmina Lubomia - conditions of cultural environment of Gmina 8. Study of local development for Gmina Lubomia - conditions of natura environment and assessment of flooding risk. I 9. Study of local development for Gmina Lubomia - study settlements for local development aims and directions 10. Feasibility study for the Racib6rz Flood Reservoir on the Odra River Synthesis . Hydroprojekt Warszawa, Jacobs GIBB London, GIBB Polska; August 2003 11. Feasibility study for the Raciborz Flood Reservoir on the Odra River . Final l report- ANEX VI Part 1. Ocena wptywu inwestycji na problemy socjalne. Studium socjologiczne oparte na pracach terenowych. Hydroprojekt Warszawa, Jacobs GIBB Londyn, GIBB Polska; lipiec 2003 12. Feasibility study for the Raciborz Flood Reservoir on the Odra River . Final report- ANEX VI Part 3. Ocena wptywu inwestycji na problemy socjalne. Raport spoteczno-ekonomiczny. Hydroprojekt Warszawa, Jacobs GIBB Londyn, GIBB Polska; lipiec 2003 * 13. List of properties purchased by RZGW Gliwice 14. Press and Internet sources - local Press, national Press, information g agencies Other sources of information: 1. Cadastral data concerning plots in the area inside the reservoir. (2003) 2. Socio-economical data covering residents of both villages (2004) PESEL database lj3. Information from GZE Wodzistaw Slqski, letter datek 25.10.2004r. GZE/MSP/SK/9823/04 4. Information from Powiad Road Management Board Wodzistaw Slaski placed in Syrynia, letter datek 26.10.2004r. PZ-5540/3005/85/2004 5. Information from Lubomia Water Supply and Wastewater Company. Minute from telephone conversation dated 05.11.2004r.- H. Okor; 6. Visits to the sites . U 7. Results of questionnaire survey carried out among 31 household owners and residents of properties bought out by RZGW ( November 2004) 8. Direct interviews with residents of both villages (November, December) and with representatives of engaged institutions: RZGW Gliwice, RZGW 10-1 li i i - 10-2 - Racib6rz, Hostel for homeless people ARKA, Gmina Lubomia, Protest Committee 9. Authors survey: 10 direct interview with land owners whose plots are on the area of the reservoir, but who resident outsider the reservoir (March 2005) 10. Source results of opinion survey among residents of Nieboczowy and Ligota Tworkowska , land and property inventory carried out in 1998 by Social Survey Office (prof. L.Gruszczynski i dr A.Bartoszek) 11. Source results of opinion survey among residents of Nieboczowy and Ligota Tworkowska carried out in 2002 by Team of Sociologists (prof. L.Gruszczynski, dr A.Bartoszek, Krzysztof Stadler) 10-2 I | -~~~~~~~~~~~~~~~10-1 - U Appendix A - Socio -economic database 1. Data base description l 2. Example of questionnaire analysis printout 3. Family employment and education information 4. Property information: Buildings, equipment, land l 5. Land register information - sold and unsold plots 6. Owners of non- sold property 7. Land use map l l I I I l l RAP-August-PrinU/Aug-OS - 10-1 - Appendix B - Legal framework RAP-August-PrintUAug-05 -10-1- Appendix C - Property evaluation and cost estimates 5 1. Collection of stocktaking data concerning property that is to be affected by the 3 investment 2. Analysis and description of practice applied in appraisal, purchase and l expropriation of real estates. 3. Cost estimate - Compensations. 1 4. Identification of all cultural goods and development of proper handling procedure, determination of relevant impact and elaboration of their protection plan. R l lI I, l l I I RAP-August-PrinUjAug-05 - 10-1 - Appendix D - Public opinion documentation 1. Press abstracts analysis 2. Odra riverside gminas statement 3. Press announcement concerning RAP disclosure 4. Letters to residents and land owners. 5. Public feedback concerning RAP report. RAP-August-PrintUAug-05 -10-1 - 1 Appendix E - Proposals forpublic related actions l l 1. Letter to inhabitants (draft) 3 2. Proposed plan of broadcasting 3. Proposed contents of the web site l I .1 li l l l | ~~~~~~~~~AP-AustPnlAg0 I I I ; I I I I I Appendix A - Socio -economic database l 1. Data base description l 2. Questionnaires analysis printout u 3. Family employment and education information 4. Property information: Buildings, equipment, land 3 5.Land register information -sold and unsold plots 6. Owners of non-sold property I 9 7. Land use map I I I l I l RAPdruk1 305/May-OS ! ! I ! I I I i I i I I I I 3 | A.1 DESCRIPTION OF THE SOCIO-ECONOMIC INFORMATION SYSTEM Having considered the huge amount and heterogeneity of data that is to be handled in the project as well as the need to perform sophisticated analyses based J on this data, it had been decided to gather all the available information in a form of database. It is being designed as a relational database with the following key tables: * table People containing information on name, surname, date and place of I birth, address, names of parents etc. * table Parcels with information on number, area, owners, land use etc. * table Households with information on each household: members, features, * estate, possessions and families living in a household. This table and related tables will comprise data from answers given by the family members in several questionnaire surveys e.g. their attitude to the planned investment. A number of additional tables is likely to be built for extra information necessary to ensure the cohesion of data (e.g. table with remarks and comments to s ~~the specific fields of some tables). The system will be provided in the form of a partially functional demonstration version, filled with representative data. Thus the client will be given the opportunity to learn the functions offered by the full system, if it is built. In the project of the database it is assumed that the system will be equipped with the effective interface, allowing to access the information even for those users, who are not very experienced in using information tools. Functions that will be available through the interface have been being discussed with the client. One can presume that these functions should include: * simple queries, directly related to the fields existing in database tables (e.g. 'select all parcels belonging to the owner named "Kowalski"') * advanced queries (e.g. 'select households whose members rejected to answer questions asking about the way they gained the property and at the same time those which count more than four people, excluding children below 3 years and at the same time belonging to the village Nieboczowy') 3 * simple algorithms supporting decision makers in solving their typical problems (e.g. show the sorted list of parcels that should be purchased as soon as possible). I; 8.Additional feature of the system will be its linkage to the interactive map - a window with information on the objects located in particular place will be displayed when clicked on the map. For example, when targeting at a parcel, a user obtains a set of basic data on this parcel (area, number), and if required, extra data e.g. information on owners. From the technical point of view, all the software used for constructing the 3 system will be based on the Open Source solutions, mainly to reduce the investment cost for the client. The database will use the MySQL platform, while the interface is designed to take advantage of PHP language. It is considered to use the Open SVG I Mapserver for the purpose of facilitating the GIS functions. Alternatively, own applications will be built. It is very likely that the system will be available in the Internet. Having this in mind, a particular attention will be paid to the issues of the I safety of the system, to prevent the unauthorized users from the access to vital data. The significant feature of the system will be the possibility of operating it on several levels, dependently on the rights given by the system administrator to the X users. It is planned that few groups of users will be declared, with rights stretching from simple right to view data up to right to modify the database structure. I -U j ~~~~' - - - - - m m m m m m Opinions a~. t resettlement (The research in 2002) Under no circumstances we Are you informed If yes, do you have knowledge Are you well-informed If the information is Do you accept relocation Fair Environment Negoiation and then can accept the resettlement No of about Nieboczowy about reservoir embankment If yes, do you support about ptanned Raclborz unsufficient, about what otf Nieboczoyl iti Engineerng compensaton Protoiion formal de household Defence Committee alignment and Committee Committee position? Dolny reservoir and your issues would you liketo breeding,kbird expIopnaeqoiofethose rxpectethendesignso activities? posibon towards resetUement ? village resettemeriP have more details? eomicawtonTreasury breeding, birda who oppose . rpnoectvoir wilresentngedses economic calculation Trauy feeding areas whppoe resectvoir willebe changedst I no yes no no no no no no 2 yes good knowledge we do not support yes difficult to say yes yes yes yes no 3 yes only general knowledge we do not support yes yes yes yes yes yes no 4 yes good knowledge yes, strongly yes no no no no no yes 5 yes good knowledge yes, strongly yes no no no no no yes detail time of 6 yes good knowledge yes, strongly no resettle t tment yes 7 yes only general knowledge yes, partly yes yes yes yes yes yes no detail plan of the 9 yes only general knowledge yes, strongly no reservoir, approximate difficult to say no difficult to say 9 yes only general knowledge yes, strongly no ti~~~~~~me of resetttement, who is investor when will be area 10 yes only general knowledge yes, strongly no flooded, when have we no no no no no yes to leave 11 yes only general knowledge yes, partly yes yes 12 yes only general knowledge yes, partly yes yes 13 yes no knowledge we do not support no when will resettlement yes yes start when will construction 14 yes no knowledge difficult to say no start, when will be yes difficult to say yes no no no compensation paid 15 no yes yes difficult to say yes difficult to say yes no when will construction start, where will be 16 yes only general knowledge difficult to say no people relocatedwhat yes difficult to say yes difficult to say yes no will be amount of compensation 17 yes good knowledge yes, strongly yes no no no no no yes when will reservoir 18 yes only general knowledge difficult to say nie construction and no no yes no no yes resettlement start 19 yes good knowledge yes, strongly yes no no no no no yes 20 yes good knowledge yes, strongly yes no no no no no yes amount of compesaton, 22 yes only general knowledge difficult to say no form of payment, place yes no yes difficult to say no diffiLcult to say 22 yes only general knowledge difficult to say no ~~~~for resettlement, when will resetflement start 23 yes good knowledge yes, strongly yes no no no no no no Opinions about resettlement (The research in 2002) How did you take possession of your household? 1- We have inhented it from our If there is more than one family in the house do you expect grandparents individual housing solution for each family9 1 - There is only If you do not accept With regard to workplace of 2 - We have inherited it from our late parents one family Do you want to stay in To what area of your No of reseHeTnerd ofyour villae, If yes,what kind f anybody n your faoryparents-in-law, w2re oresarwesexn-ect2indivi,duaexapatrtmentduforaeacmen familyachubamia Lubo naa whena whe nagdoa youyeventutully househld do o or intendto protesu proteva wan y ano o ay sp fic I yes,where 3 - Parents have made it over to us 3 - No, but we expect the house where we can live together changing your living against the decision if village, city, another country? 4 - We have inheited it from other family with our parents place? officially taken7 members 4 - I don't know, it is difficult to decide 5 - We have bought it from strangers 5 - Other answers 6 - Other, what 1 yes difficult to say no such intention 1 __yes, strongly 2 no yes Lubomia gmina 1 2 yes, strongly Lubomia 3 no no such intention 1 3 rather yes Lubomia 4 yes legal refuse to answer 2 1 refuse to answer we disagree to be resettled we disagree to be we disagree to be 5 yes legal we disagree to be resettled 5 we disagree to be resettled resettled resetted 1 6 yes through Committee no such intention 1 we disagree to be resettled I will not answer thin activity ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ___________________________ ___________ question 7 no no such intention 1 1 rather yes blockades, Committee Krzyzanowice near 9 yes activities and yes city outskirts 6- plot from parents, new house 3 rather no Rayaborz everything 10 no no such intention 1 yes, strongly 11 no no such intention 2 12 no no such intention 1 3 rather yes 13 no no such intention Lubomia 1 2 rather yes Lubomia 14 no no such intention 2 anywhere 15 no no such intenbon 1 2 rather yes Lubomia 16 no no such intention 1 3 rather no 17 yes legal no such intention 5 5- we do not want to move we do not want to move no answer 18 no no answer no answer no answer no answer no answer 19 yes colective no answer no answer no answer rather yes Lubomia 20 yes colective- whole village no answer no answer no answer no answer no answer 22 no yes Lubomia gmina 1 2 yes, strongly enywnere 23 yes colective- whole village no answer no answer no answer no answer no answer \ ~ ~ ~ ~~~~~~~~~~~~~~~~~~~ _ I I I I \9 - - - '- - m- - _ m_ Opinions a._jt resettlement (The research in 2002) In what time would you reedy to move to new What kind of house do you want to live What form of compensation for your property will be the best for you place after formal negotiation completed? 1- In in after resettlement? 1. in single family and your family? -1 - Cash Doof a pyopkosedha forea plive In anoutheer toI don't know, we Other answers, 2one year detached house 2 - Construction of new house and replacement land ho sehold resettlementd vage p na other Location2 Location3 haven't Made up whatr - no2 years 2 i semi-detche onn buIlng 3-Newloc coneol r setrucetvion"g where? Lcthon our mind yet 3 - Not until tormal notitic-ation about resettlement 3. in multi family building (block) household construction'? where? Locationl 4 -othdeadline 4 other, what 4 - Allocation of apartment in the city and money in account 4 -other answers, what 5 - other, what 1 no Lubomia 3 1 1 2 no _ _ _ _ _ _ _3 . 3 yes 4 - as quickly as possible 1 1 4 yes we disagree to 4-we will not move out 4- we will not give in to be resettled be resettled . no _ _ _bwe disagree to 4 we disagree to be resettled 4- we disagree to be resettled we disagree to be resettled 5 no ~~~~~~~~~~~~~~~~~ ~~ ~~ ~~ ~~be masetled _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 6 yes 4 nobody can force me to leave my property 4- I will not answer to this question 7 no 3 1 2 9 no 1 2 1 0 no 11 no 1 12 yes 4- when new house is built 2 2 13 no 4- after cash paid 1 1 14 no 4 2 1 1 15 no 3 1 2 1 6 no Kornowac Gorzyce 3 1 5-new house and money compensation 17 no to not = 4 never 4-not at all 5-not at all 17 no ~~~~~~to move 18 no answer no answer no answer no answer no answer 19 no no answer no answer 1 2 20 no answer no answer no answer no answer no answer 22 no no answer 3 1 2 23 no answer no answer 4-not at all no answer no answer 3 Opinions about resettlement (The research in 2002) Is there anything in your village or If the village is relocated, would you like to a If you are fored to~ neighbourhood that should be If your village Is to be flooded plan new village and houses with respect to No of Whtdo you like most Vithat are you most leave your pDlace protected against flooding and Descnbe. what should be swith planned reservoir, what B. other important existing streets layout and household household of all in your place attached to In your place aou w oblivion? I - Nothing aved structures should be deYintey a neighbourhood? I -Yes, we want to live in the (groina) 7 (gmina) fo~~~~ 2 - Yes, there are some structuresavedrelocated? A. The most vicinity of our neighbours be most son Y for7 that should be saved important is 2 - We do not expect this 3 - Difficult to say, we have no opinion 1 livestock I there is no such structure 2 2 landscape charm, air climate 1 100 years chapel 2 nature, climate, quiet, climate, silence house, quiet 2 church, shrne on oak tree Virgin Marys churc 2 silence (great-grandmothers) Vign -cuh2 church own land, neighbours, cemetery, houses, 1 there is no such structure 4church silence, quiet land ________ 5 entirety house everything 2 church, cemetery there is no such structure we disagree to be resettled 6 whole gmina house, own roots own goods and 2 whole village whgrael pmits, churchl 2 7.2 9 gravel pits church, house, quiet, own pnvacy own residence place 2 church, wayside crosses church 2 10 whole village church quiet in the village 2 church church 2 1 Recreational centre, church . 12 silence, quiet, nature church, family bes quiet, green 2 cross in the garden cross in the garden shnne beyond the changes, everything 13 own house own surroundings we leave, sentiment to 2 house 14 place own property 2 church, cemetery church cemetery 3 15 land, area goods and chattels 1 . 3 16 church, school own house whole village 2 whole village cemetery 1 17 everything house and church nothg because we 2 whole village whole village t 6 land no answer no answer 2 church and cemetery in church cemetery no answer 18 land no answer no answer ~~~~~~~~~~~~~Nieboczowynoase 1 9 no answer no answer no answer 2 church aod cemetery and church cemetery, wayside 1 ____________________________ wayside cross cross 20 no answer no answer no answer no answer no answer church and cemetery in church and cemetery in 22 beauty of area church house 2 Nieboczowy Nieboczowy 23 no answer no answer no answer 2 wszystkie wszystkie , I . I I Infr. j'i3n about family (employment, education) No of FAIY Relation in the Education or Employement/ Proffession and Relation in the Education or Employement/ Placfessof n household FAMILY I. family Age school pension place of FAMILY II. family Age school pension lace of employementemly en 1 1st person 37 vocational pension - 1st person 1 2nd person . 2nd person 1 3rd person 3rd person 1 4th person 4th person 1 5th person 5th person 1 6th person 6th person 1 1 7th person 7th person 2 1st person grandfather 74 vocational old age pension tst person husband 42 vocational employed . 2 2nd person grandmother 70 vocational pension 2nd person wife 44 vocational unemployed 2 3rd person 3rd person son 10 primary school pupil 2 2 4th person 4th person 2 5th person 5th person 2 6th person 6th person 2 7th person _ 7th person 3 1st person husband 51 secondary unemployed 1st person father 80 old age pension 3 2nd person wife 50 vocational unemployed 2nd person 3 3rd person son 21 secondary soldier 3rd person . 3 4th person daughter 18 technikum . 4th person _ 3 5th person 5th person 3 6th person 6th person . 3 7th person 7th person 4 1st person 57 vocational old age pension 1st person 4 2nd person son 36 vocational unemployed 2nd person 4 3rd person son 33 vocational employed Coal mine "Anna" 3rd person 4 4th person son 30 vocational employed Coal mine "Anna" 4th person 4 4 5th person 5th person 4 6th person 6th person _ 4 7th serson 7th person 5 1st person husband 35 vocational employed stoker - heat and lst person 5 2nd person wife 30 vocational unemployed 2nd person . 5 3rd person son 10 primary school pupil 3rd person . 5 4th person 4th person . 5 5th person . 5th person 5 6th person 6th person 5 7th person 7th person 6 1st person wife 68 primary farmers pension 1st person wife 47 vocational employed Primary school 6 2nd person husband 72 primary disability pension 2nd person husband 50 vocational employed Elvex Psz6w 6 3rd person 3rd person daughter 16 grammar 6 4th person 4th person son 27 vocational employed ZEW Racib6rz 6 5th person _ 5th person 6 6th person 6th person 6 7th person 7th person no m ore person 7 Ist person man lnomto _________ st pro Information about family (employment, education) Proffession and Relation in the Education Ager |Employement |Proffession and No of FMLI. Relation in the Ae Education or Employement/ praeoffeso andReatoninth Euctin.r Ageymet place of household FAIYIfamily Aeschool pension employementfaiyshopein emleet 7 2nd person 2nd person . 7 3rd person 3rd person j ~ ~ ~~7 4th person 4th person . 7 5th person 5th person 7 6th person X 6th person 7 7th person _ 7th person 8 1st person Ist person _ _ 8 2nd person 2nd person . _ 8 3rd person 3rd person 8 4th person 4th person 8 5th person 5th person 8 6th person _ 6th person 8 7th person 7th person 9 1st person husband 61 vocational old age pension 1st person 9 2nd person wife 54 vocational unemployed 2nd person 9 3rd person daughter 27 secondary parental leave 3rd person _ __.._._ 9 4th person son 24 vocational employed pastry cook 4th person 9 5th person granddaughter 2,5 5th person 9 6th person 6th person 9 7th person _ . 7th person no more ltpro ubn 10 1st person husband informat1st person husband 10 2nd person wife . 2nd person wife 10 3rd person 3rd person daughter . .. 10 4th person . 4th person daughter _ _ 10 5th person 5th person daughter 10 6th person 6th person 10 7th person 7th person _ 11 1st person I_ _ _ 1st person 11 2nd person 2nd person_._ 11 3rd person 3rd person _ v _ 11 4th person 4th person ._ _ .. 11 5th person 5th person 11 6th person 6th person . 11 7th person 7th person 12 1st person wife 49 vocational employed 1st person wife 27 secondary employed cook 12 2nd person husband 52 courses pre-retirement 2nd person husband 27 vocational employed gravel pit 12 2nd person husband 52 courses ~~~~~~benefit ________ ___________ 12 3rd person 3rd person daughter 4 _ _ ._ 12 4th person 4th person daughter 1 12 5th person I_I 5th person .I_._. 12 6th person 6th person 12 7th person 7th person 13 1st person husband 51 vocational 1st person husband 73 vocational old age pension 13 2nd person wife 47 geodesist geodetic services 2nd person wife 71 primary old age pension C-~~~~~~~~~~~~~~~~~~~~~~~~1 -- , . - I I I I - I I ,_ - I |informaLh about family (employment, education) proffession and No of Relation in theiEducation or Employement/ Proffespie n and Relation in the Education or Employement/ place of household FAMILY I famiduatoly Eplyeen/ laeofFAIL 1. aml Age school pension employement Relation n the Ag school ension eplacemo eAIYnt aiyAescolpnin mlymn 13 3rd person son 21 student 3rd person 13 4th person 4th person 13 5th person 5th person . 13 6th person 6th person 13 7th person s 7th person 14 1st person husband 32 secondary employed car shop 1st person 14 2nd person wife 28 vocational employed 2nd person 14 3rd person daughter 9 primary school 3rd person 14 4th person daughter 8 primary school . 4th person 14 5th person daughter 3 5th person 14 6th person daughter 6th person 14 7th person 7th person 15 1st person hostess 53 secondary on the dole 1st person 15 2nd person 2nd person 15 3rd person 3rd person 15 4th person 4th person 15 5th person 5th person 15 6th person 6th person 15 7th person 7th person 1 6b 1st person husband 44 vocationaf employed coal mine "Pszow" in 1st person grandmother 76 primary old age pension 16__ist person___ __ husband____ 44_ _ _ __ _ _ _ __ _ _ _ _ Psz6w __ __ __ _ _ _person__ _ __ __ _ - 16 2nd person wife 44 vocational employed plumber_in _ 2nd person _ - 16 3rd person son 21 vocational employed Marklowice 3rd person 16 4th person son 13 qrammar school 4th person 16 5th person 5th person 16 6th person 6th erson 16 7th person private business In 7th person 17 1st person husband 34 vocational employed Ryduiteswy 1st person 17 2nd person wife 30 vocational employed praivatebusiness in 2nd person - 17 3rd person son 3 3rd person - 17 4th person 4th person . X 17 5th person 5th person X 17 6th person 6th person 17 7th person 7th person 18 1st person no answer no answer no answer 1st person 18 2nd person . 2nd person 18 3rd person 3rd person I 18 4th person 4th person 18 5th person I_5th person 18 6th person 6th person . is 7th person 7hpro 19 1st person no answer 1st person 19 2nd person 32nd person . 3 Information about family (employment, education) Proffession and RltointeEuaino Emoy en/Proffession and No of FAMILY 1 Relation in the Age Education or Employement/ pleao d FAMILY 11. ai Age Education or pension eplace of household FAIYIfamily school pension eplacemofFAILYII family school pensionen 19 3rd person 3rd person 19 4th person 4th_person 19 5th person 5th person 19 6th person 6th person 19 7th person . 7th person 20 1st person no answer _ 1st person 20 2nd person 2nd person ._____ 20 3rd person 3rd person 20 4th person 4th person 20 5th person 5th person_. 20 6th person 6th person 20 7th person 7th person 21 1st person 1st person 21 2nd person 2nd person 21 3rd person 3rd person 21 4th person . 4th person . 21 5th person 5th person 21 6th person ._6th person_. 21 7th person 7th person . 22 1st person husband 61 primary old age pension 1st person son 32 vocational employed CoaS mine JAS 22 2nd person wife 54 primary 2nd person daughter-in 23 vocational employed ailor's in Racib6rz law 22 3rd person 3rd person . . 22 4th person . 4th person 22 5th person 5th person . . 22 6th Person _ 6th person 22 7th person 7th person . 23 1st person no answer 1st person , . 23 2nd person 2nd person . 23 3rd person . 3rd person 23 4th person . 4th person . . 23 5th person 5th person 23 6th person . 6th person 23 7th person __._7th person 24 1st person husband 43 vocational pension 1st person . 24 2nd person wife 40 - pension 2nd person 24 3rd person son 12 primary school 3rd person 24 4th person son 13 primary school 4th person 24 5th person . 5th person 24 6th person . 6th person 24 7th person 7th person . l 25 1st person no answer 1st person l 25 2nd person I 2nd person . _ ______ _ l 25 3rd person . _ 3rd person \ ...~~~~~~~~~~~~~~~ I I I I I. I I( -... - - -m - _ _ _ - - - Buildings 2002 Data 1997 data No of Outside dimensions Number of 0 tside ~~~Number of Outside Outside No of Number of OutsideTdtmenssonseNumbecOf Oe Toa usable d mensions Totl usable area Type of d menssons ota usab e househol Type of building lenghiitx width x ics Toaua dimenuions (enght~ Type of building Typ o bilin rsdential houses (Ihh) (residential area m2 x wdth xsheigt (residential area 512 enght xW wdth x m2 building lenght x width area m2 d h~~~~~~~~~e gt house) house) height) x height 1 Residential 1 16x4,5x(2,5)5,0 3 72 Stock building Barn Auxiliary ___________ _____________ ___________ _________ _________ _ _ _ _ _ _ _ building~~~~~~~~~~b ild in 2 Residential 2 houses? 12x15x9 10 250 12x10X7 120 Stock building 5x6x5 30 Barn 8x12x8 90 Auilinrg 3 Residential 1 16x9x5 5 150 Stock building 15x2,2 15 Barn 18x7x7 126 AuxilIary _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ b uildinguild in 4 Residential 2 lOxlOx12 (x2) 180 lOxlOx5,5 4 100 Stock building 5x6x6 26 Barn l0x5x6 45 Auxiliary _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ b uildindin S Residential I 9x12x7 7 120 12x9X7,5 7 240 Stock building Barn uildiangy 6 Residential 1 10x9x9 8 90 10x9x8 5 144 Stock building 5x2,5x3,5 Barn Auxiliary 7 A~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~uxildiary 7 Residential 1 8x6x8 6 100 10x8x6 2 70 Stock building Barn builiang 8 Residential 1 10x9x7 8 130 Stock building Barn 1 Ox6x6 50 Auxiliary _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ b uilding~~~bu ild in 9 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Auxiliary 9 Residential 1 18,5x6x7 7 120 14,Bx8x7 5 120 Stock building 5,x4x5 22 Barn building 10 Residential 1 15x8x7 8 100 Stock building 10x6x6 48 Barn 12x8x8 90 buxilinay 11 Residential 2 houses? 11x6x5 4 66 * 8x5x6 3 40 Stock building 4x5x2,3 20 Barn 13xlOx5 1S0 building 12 Residential 1 12x10x9 120 Stock building Barn 10x8x12 80 Auxiliary building 13 Residential 1 13x9x9 7 180 Stock building 7,5x5x6 37,5 Barn 12x8x8,5 96 buxilingy 14 Residential 1 13x9x7 9 200 13x10x9 6 200 Stock building Barn 90 bulinagy 15 Residential 1 8x8x8 8 130 Stock building Barn building 16 Residential 2 houses? 11x9x8 7 160 8,1x9X8 5 130 Stock building 8x4x4 32 Barn 21x9x10 180 Auxiliary 17 Residential 1 10x8x8 8 150 Stock building Barn 14x6x8 90 buxilday 18 Residential 1 .lS0,5x9,5x8 5 130 10,5x9,5x8 5 130 Stock building 1OxSx4 45 Barn 15x8x8 110 Auxiliary ___Residentia __ _ _ _ _ ___ _ _ _ _ _ __ __ _ _ _ _ building 19 Residential 1 8xBxs 5 100 8X8X5 5 100 Stock building 1Ox6x5 54 Barn 10x6x5 54 Auxiliary building ~~~~~~~~~~~~~~~building 20 Residential 2 16x12x8 8 200 16x12x8 8 200 Stock building 5x5x4 20 Barn 10x5x8 43 Auxiliary ___________ _ _ _ _ _ _ _ _ _ _________ ___________ b uilding~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I b il in 21 Residential 1 Stock building B Auxiliary 22 Residential 2 houses? 14X10x8 12 240 14xg 8 150 tack building 10x7x5 | 70 BlEarn 14x7x8 90 xil ary bu_ldn 1 Buildings No of Outside Outside Outside dimensions Tosl ubable erea T yp of | ,es Tota usable hhl dimensons Total sable area ~ building dimensions Total usable Type of building (lenght x width x Toadsbeae yeo iesos pee oa sbeestription d (lenght x width x m2 (neght x width x area m2 heiuiliht)leghtx width (residential aram elt height) height) x height) house) 1 garage workshop Other what 2 garage 5x6x4 30 raft Other what 4x5x4 20 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ w rk sh o p _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3 6x3,5x3 21 garage 5x5x2,2 25 Craft Other what 7x2x2,5 14 4 10x5x6 45 garage 5x6x6 28 orkshop Other what 5 garage 6x8x6 45 raft Other what 6 garage 7x2,5x2 workshop Other what 7 garage workshop Other what 8 garage 4x6x4 20 raft Other what 9 garage orkshop Other what 10 garage 7x4x2,5 20 Craft Other what 6x4x2,5 18 Budynek __________ ___________ o~~~~~~~~rkshop __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ inwentarski 11 5x5x2,5 25 garage raf Other what Craft Ote ht 43312 murowane 12 lOx6x6x 60 garage orkshop ther what 4x3x3 szooki dobudowana Craft kuchnia do 13 6x3,5x4 21 garage 6x3,5x2,3 21 workshop Other what 4x5x6 20 budynku inwentarskie Ca 14 40 garage workst 25x14x? 90 Other what 15 2x3x2,5 5 garage 3x3x2,5 8 Craft ther what 16 8x6x5 48 garage 5x4x3 20 Corkshop Other what w oCr a f t k 17 garage Craft Other what 18 8x8x8 60 garage vraft pOther what 19 garage 6x7x2,5 40 orkshop Other what 5x4x2,5 18 gara2 20 5x53x2,5 9 garage 3x3x2,5 orkahop Other what 7x4x2,5 23 mieszkaIny 21 garage orkshop Other what 22 7xl0x5 70 garage corkshop Other what budynenk Commen - * "2 house~ ieans data to werify Buildings 2002 Data 1997 data outside outside N I S len tA lh o 0 + pl4Ot lusablBllmsl ( v IXD@I | HRD mz "ume o imensions Total usable area Type of dimensions Total usable pe o buld 23 | R eside 1 10x12x8 |~~~~~Nmbe of Ousd piece Toa usbl Typetok bulding | 6Xbuildin15 |lenghOx5x8 45dthiareai ng ousien t widthsion pieces Total usable diesos(eg pieceshTotaliusable x buightn ho2seh4l Rypesobuildingia d hou ses? 9x lOx8 7 120 20X8X10 14 Stockdmnirneg (rieta arhih No ofNumresienta house iegtxwdhx (residential area m2 (re xhiht osienta) ram ye(egtxwd5s m ulig(egtxwdh ae 2 Tp fbidn hoshld yeo ulin eieta oss height) house) xwdhxhih) hue egt egt 25 Residential 9X13X8 110 Stock building 6X 20X AuxiliarY 23 Residential 11 2X12X 7 80 1 80511,6X11,6X8250 Stock buildin15 Barn n10x5x8 45in 2 3 R e s id e n t ia l9 X l 8 5S o k8 X X40 b u i ldA i n g y 24 Residential 2 houses? 9x10x8 7 120 20X8X19 14 Stock building Barn uuildingy 2 9 _ _ _ R e s i d e n ti a l 9 x_ _ 1 1 x 9_1 0_15 0_1_1 ,_ 7 9 2 S t o c k b b u ild in g 25 Residential 9x13x8 9 110 _xStock building 6X9X6 Barn x10X7 Auxiliary ____ ___________ 9X9X8X___ 4______ 81____ Stock__ __________ bXX ar X,X uilding 26 Residential 12x82x7 10 180 11,6xI1,6x8 7 250 Stock building Barn uixldingy 33 _ __ _ _ Residential_ 14x9x12__ 6_2_Soc_uld n_1x , x45 ,4 B r _ 1 x x1_1 buuild"inag 27 Residential 1 Ox 11x812 10 110 Stock building 8x5x5 40 Barn 9x12 105 AuxIdrliagry 35 _____ Residentlal __________ 6______ 170___ _______17 Soc buildingBan1x1O 850 uiding 36 Residential 12X9X8~ ~ ~ 120 20x9 13xl 280 Stock building Barn 8987 ugxilinary 327 Residential 13lx, X9610Soc ul0g x1O6 1600ar biidnary 28 Residential 2 houses? 7x9x7 1 12 X 13 6 Stock building 8Barn 8 uIlding 29 Residential 1 SX11x9 10 150 11,5X8X10 7 92 Stock building Barn 10x7x7 70 uxiliadng 41 ~ ~ ~ ______ Residential__ Stock___ building_ Ba____ _ rn_ _ buiXld'inag 30 Residential 1lX9X 6x 8 160 Stock building 13x9x6 547 Barn 20X 1 5x lO 700 Auuix7lingy 43 ~ ~ ______ Residential_ 1____ Stock ___ __________ ban.'uiXldiingY 30 Residential gxllxB 8 160 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Auxiliary 31 Residential 1 3x8X5 4 8126 Stock building 4x2x6 8 Barn 5x3,5x9 17,5 uilding 32 Residential 1 4x8x6 6 100 18x10x8 5 180 Stock building 4x7x5 28 Bgarn 8x5x5 4 uilingy 32 Residential 4x8x6 6 Barn 14x8xl2 112 ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~Auxiliary 33 Residential 1 14x9x12 6 126 ~~~~~~~~~~~~~~~~~~~~~~~~ ~~Stock building 12x4,2x4 50,4 Barilding 11 34 Residential 1X14XX2 8 110 Stock Barn uxiliary building building 35 Residential 1 7x10x7 6 170 l7xlOxlO 4 170 stock building Barn lSxlOX8 150 Auxildiary 36 Residential 1 12x9X8 6 150 2OXlOXlO 6 200 Stock building Barn 8x9x8 72 buxildiarg Auxiliary 37 Residential 1 13x9x6 140 ~~~~~~~~~~~~~~~~~~~~~~~ ~ ~~~~Stock building 13x10x6 160 Barn building 38 Residential 2 houses? 9x10 6 100 9X9X8X 11 176 Stock building BxS Barn 8x8 Auxildiary ___________ ___________ _________ ____________ _________ _________ ______Sto k _building_arn________15 buillinn 39 Residential 113x11x6 6 140 SokbidnBarn l5x8x65 115 Auxiliary ___________ __________ _______ __________ building~~~~~~~~to k b iling 22x x5240 s uilin 40 Residential 19,5x9x6 7 160 Sokbidn 2x6540 Br 1xx,5 50 Auxiliary ___________ _________ _________ _________ ________ building~~~Sock uiling sar buidin 41 Residential 1 Stok bulding0arnAuxiliary _____________ _________ ~~~~~~~~~~~~~Soc bilig 3xx6 17 Banbuilding 42 Residential 1 1x9x6 6 200 Sokbidn 13x627 Br 2OlxO 00 Auxiliary ___________ _________ ~~~~~~~~~~~~~~~~~~~~~tok uldngB rn Ibuilding 43 Residential 16 tock building Barn Auxilar 44 Residential 1 13x8x7,5 7 120 8x6x5,5 8 96 Sokbidn anuxillary ___________ _____________ _________ ____________ _________ ____________ ___Stock_bulding_arbuilding 45 Residential 1 Stock building Ba2x 12 rn uxidlng 46 Residential 1 6x14x2,5 4 84 Stoc bulig 62x 3 anuilr 3 Buildings Outside Outside Outside Number or No of dimensions Total usable area TpdimenOontTtalusaledimensions Total usable area Type of dimensions pieces Total usable d ehoutsedholmno nswTdtoduhear le Type of buliding (lenght x width xn m2 building (lenght x width (residentia area m2 escriptlon hgh)height) height) x height) house) 23 5x4x4 18 garage 5x4x4 18 orhop Other what 24 garage Craft Other what 25 4x6x8 garage Crafkshop Other what 26 garage 5x4x5 20 workshOf 5x4x5 20 Other what 27 8x4x5 32 garage 9x3x4 27 orkshop Other what 28 garage wrakshop Other what Craft Ote htbudynek 29 garage workshop Other what pomocniczy 30 garage 5x4x4 20 workshop Other what 3x9x6 27 chlew 31 garage 5x3x2,5 15 Craft Other what CraftOtewhtkri 32 garage workshop Other what kurnik 33 lOx8xlO 80 garage 5x4,5x4* 22,5 Craft Other what I0x3x8 30 budynek 34 garage 6X12x9 72 workshop Other what 8X12x5 96 Kaffe Bar 34 garage 6xI2x9 72 wo~~~~~~~~~rafto 35 garage Craft Other what 36 garage orkshop Other what ? ? kurnik garage ~~~~~~~Craft Ohrwa 37 l0x5x4,5 50 garage workshop Other what 38 garage Craft Other what CraftOtewht 44 1 39 14x5x5 140 garage worshop Other what 4x4X4 16 40 garage 8,5x6,5x6 55,2 orkshoa ther what 7x6x5 42 41 garage wrakshop Other what 42 6x6x6 36 garage 5x5x4 25 orksho Other what 6x5x6 30 43 garage C__ orafthop Other what 44 ~~~~~~~~~~~~~~~~~Craft Ohrwa 44 arage ~~~~~~~~~~~orkshopthrwa 45 garage rahfto Other what 46 2,5x10x3 25 garage Craft Other what 16x7,5x4 120 Commen.I" * "2 house neans data to werify i Equipment and technical devices. Running 6, Connection to C9 Central 10. Connection 1 No of 1.te Rningo 2. Own water pump 3. Water heating 4. Flushed W.C. S. Bathroom -communal 7Owcest .Cnrlhaigheatingste toxera I.cnetinf 12Ohr hueodwater froml for abstraction from instalation in residential with tub or seeae connected to house system with coal- wit systflem cetoa hexternal he-hs ecncldvcs system the well building shower ntok sanitary system fired furnace whgsfirnaed centraeatin thwree-phase tehnialteics I 1 2 2 2 2 2 2 2 2 2 1 coual-fcred furnace 2 1 2 2 1 1 2 1 1 2 2 1 telephone 3 1 2 1 1 1 2 1 1 2 2 1 telephone 4 1 2 1 1 1 2 1 1 2 2 1 telephone $ 1 1 1 1 1 2 1 1 2 2 1 telephone 6 | 1 2 2 1 1 2 1 1 2 2 2 telephone 7 1 2 1 2 2 2 1 1 2 2 1 8 1 2 1 1 1 2 1 12 2 2 9 1 2 2 1 1 2 1 1 2 2 2 telephone 10 1 1 2 1 1 2 1 2 2 1 11 2 2 2 2 2 2 2 2 2 2 2 telephone 12 1 1 1 2 1 2 1 1 2 2 1 telephone 13 1 1 1 1 1 2 1 1 2 2 1 telephone | 14 1 2 1 1 1 2 1 1 2 2 1 telephone 15 1 2 1 ~ ~ ~ ~~~~~1 1 2 1 1 2 2 1 16 1 2 1 ~ ~ ~ ~ ~~~~~1 1 2 1 1 2 2 1 telephone 17 1 2 1 1 1 2 1 1 2 2 1 telephone S 118 1 2 1 z1 1 2 1 1 2 2 1 Comment: 1- posses 2- not posses Equipment and technical devices: 1. RunnIng 6. Connection to ~~~~~~~~~~~~~~~~~~~~~~~9. Central 10. Connection Noo 1.e rm 2 w ae um etg rsdnil wt tubnngor Commnaltont 7. Own cesspit 8. Central heating heating system to external 11. Connection of 12. Other No of wate from2 the waell 4. Flushed W.C. 5. Bathroom santaymysemnirdlurac poweer-Spplye wehnia e. h wt sp nstatatlon | in for asci ro Wnta heatin Icn buiding shoer sconnected to house system with coa- with gas-ired central heating th technl system networkfrncsytm 19 1 1 1 1 1 2 1 1 2 2 1 20 1 2 1 1 1 2 1 1 2 2 1 21 2 2 1 1 2 2 2 2 2 2 2 22 1 2 1 1 1 2 1 1 2 2 1 telephone' 23 1 2 1 1 1 2 1 1 2 2 1 24 1 2 1 1 1 2 1 1 2 2 1 telephone 25 1 2 1 1 1 2 1 1 2 2 1 telephone 26 1 2 1 1 1 1 1 1 2 2 1 telephone 27 1 2 1 1 1 2 1 1 2 2 1 28 1 2 2 1 1 2 1 1 2 2 1 telephone 29 1 2 1 1 1 2 1 1 2 2 1 telephone 30 1 2 1 1 1 1 1 1 2 2 1 telephone 31 1 2 1 2 1 2 1 2 2 2 1 32 1 2 1 1 1 2 1 1 2 2 1 telephone 33 1 1 2 2 1 2 1 1 2 2 1 34 1 2 1 1 1 2 1 1 2 2 1 35 1 1 2 1 1 2 1 1 2 2 1 telephone 36 1 2 1 1 1 2 1 1 2 2 1 Comment: 1- posses 2- not posses l- -- - --- - -- -- -- -- - -- - m Equipment and technical devices: 1. Running 2. Own waterpm4.FuhdWC Btom 6. Connection to 7. Own cesspit S. Central heating 9. Central 10. Connection 11, Connection of 12. Other No of water for abtatinfo Wter heating cnoesdennauwthauborheating system to external trepae tcncldvcs Nouof water from r pump Wnstalat Flshed W.C. withoom communal connected to house system with coal- with gas-fired central heating thre 5 | techaicl d system shelbidig soe etwerag sanitaryl system fired furnace furnace system. poesuly wa 37 1 2 1 1 1 2 1 1 2 2 1 38 1 2 1 1 1 2 1 1 2 2 1 39 1 1 1 2 1 2 1 1 2 2 1 40 1 1 1 2 1 2 1 1 2 2 1 41 42 1 1 2 2 1 2 1 1 2 1 1 43 44 1 2 1 1 1 2 1 2 2 2 2 45 46 1 2 1 1 1 2 1 1 2 2 1 47 1 1 1 1 1 2 1 1 2 2 1 48 1 2 2 2 2 2 2 2 2 2 2 49 2 2 2 2 2 2 2 2 2 2 2 telephone 50 1 2 1 1 1 2 1 1 2 2 1 telephone 51 1 2 1 1 2 2 2 1 telephone 52 1 2 1 2 1 2 1 2 2 2 2 53 1 2 2 2 2 2 1 2 2 2 telephone 54 1 2 1 1 2 1 1 2 2 1 telephone Comment: 1- posses 3 2- not posses Equipment and technical devices: 1.Running atrpump 4.FuhdWC .Btro .Cneto o 7 w esi .Cnrlhaig 9. Central 10. Connection 11. Connection of 12. Other No of water from 2 abtrcto fro 3. Water heating reieta ihtbo .commnnetoao7l w ept 8 eta etn heating system to external trepae technical devices, hojuseho(d|s1. 2 w wstraction 4 Flnulen W. .nt awithr oo c ual connected to house system with coal- with gas-fired central heating hoseol swter supy the well nsaton building shower setwerag sanitary' system fired furnace furnace system. poesulywa 55 1 2 1 1 1 1 2 2 2 2 1 56 1 1 1 1 1 2 1 1 2 2 1 night energy _____________ ~~~~~~~~~~tariff 57 1 2 1 1 1 2 1 1 2 2 1 telephone 58 1 2 2 2 2 2 1 1 2 2 1 59 1 2 2 2 1 2 1 2 2 2 2 fouarnarce 60 1 2 1 2 2 2 1 1 2 2 2 61 62 63 1 2 2 1 1 2 1 1 2 2 1 telephone 64 1 1 1 1 1 2 1 1 2 2 1 telephone 65 66 67 1 2 1 1 1 2 1 1 2 2 1 68 1 2 1 1 1 2 1 1 2 2 1 telephone 69 1 2 1 1 1 2 1 1 2 2 1 telephone 70 1 2 1 1 1 2 1 1 2 2 1telephone 71 1 1111 2 1 1 2 2 1 telephone 72 Comment: 1- posses 4 2- not posses l X ~ ~~I I I IIiii information about land and crops if you want to A) formal, B) private Doyucn ctaysefc reconstruct your Do You cultivate any Doiserd agyoenultictonducegtany espe,i No of Do you have arabie if yes, what is the if total area of your farm is more than iha, do you farm, do you prefer to Whre eased land (both formal reited aemnt clvto:vgtbes doseo ownership)?a hetotlares?n intend to reconstruct it in your new living place? get land in the same or customary ageement bere tlndwener horticulture or orchard on farm d ownership)? h.1a,es ~~~~~~~~~~~~gmina or in the agreement) ? hgemn ra lardwea sha scale? other? 1 no ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~no ___ ___no 1 no ~ ~~~~~~~~We don't want to reconstruct the farm, weye025n 2 yes 1,41 prefer money Compensationye025n We don't want to reconstruct the farm, wenoo 3 yes 1 peemoeCopnainno no 4 yes 4,5 ___no _no 6 yeno_ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ yes __ _ _ _ _ _ 0,25 no 6 nos 0__ __ _ _ _ _7_ _ no __ _ _ __ _n 7 no ~ ~~~~~~~~We don't want to reconstruct the farm, wenoasenonS r 8 yes 1,7 prefer money compensation_______ noase no ase 9 yes 0,72 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ outside gmina near house _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ no 10 no nofrmoe opesto ____ yes__3__66_prefer_money_compensation yes__ __ _ _ __ _ _ _ __ _ _ _ _no__ __ _ _ _ _ 12 yes 3,66 no We don't Want to reconstruct the farm, wenoo 13 yes 0,62 nofrmoe opesto yes 1 ~~~~~~ednt att rcntuC h ar,w ono 14 ye prefer money compensation______________________ We don't want to reconstruCt the farm, wenoo 15 nie prefer Money comlpensation__ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ We don't want to reconstruct the farm, wenoo 16 yes 4,5 prefer money compensation no no 17 yes_ 0,5 no__ __ _ _answer__ __ _ __ __ noo__ _ __ _ _a__ _ _nowe 18 yes 2,3 no answer no answer _____________ no answer 19 yes 1 6 no answer________ no ase ______ no answer 20 yes 1-__ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _no answer_ _ _ __ __ _ no answer 21 yes __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _n n w rno a s e 22 yes 8,85 ~~~~~~~~~We don't want to reconstruct the farm, we no n 22 __ yes________prefer_money_compensation no__answer___no__answer_ 23 yes noase1______7____ no answer_____ no answe 24 no yes __ _ _ _ _ _ _ _ _ _ _ _ _no answer___no a s e 25 yes s no answer ______________ no anwr _______no ase 26 no no answer ________ ______no answer___no as e 27 yes 3I1 don't think so_______________ nanwr ______nonse We don't want to reconstruct the farm, wenoo 28 no prefer money compensation _______________ n no We don't want to reconstruct the farm, we n 29 no prefer money compensation nok no 30 yes 7 yes no__ _ _ _ _ __ _ _ _ _ a no 31 no _ _ _ _ _ _ _ no answer__ _ _ _ _ _ _ _ _ _ _ _ __n_ _ _ _ _ _ no 32 yes 1,24 NO! no no____answer____ n 33 yes 4,25 I don't know no answernoase 34 y~~~es 03 no answer no answer __________ no answer 35 yes 3,5 ~~~~~~We don't want to reconstruct the farm, wenoo ___________________ ~prefer_m oney_com pensation__ _ _ _ _ _ __ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ Information about land and crops If you want to No of Do you have arable If yes, what is the If total area of yrur farm os more than ohac do you r o yo cult va e any A) forma, ) private Do you conduct any specific d ownership)? hectares? intend to reconstruct it in your new living place? get land in the same or customary lesimn b e l we horticulture or orchard on farm gmlna or in the agreement) ? agemn ral~&wesscale? other? ha area ha 36 yes 1, Z We don't want to reconstruct the farm, we no 36 yes 1,2 prefer money compensation no 37 yes 1,33 We don't want to reconstruct the farm, we yes 1,33 ~~~~~~~~prefer money compensation no__anSWer___no__a_swer_ 38 yes 0,5 . yes _ . yes 39 yes 0,85 no answer no answer We don't want to reconstruCt the farm, we 40 yes 3,5 prefer money compensation no answer no answer 41 no answer _ . no answer _ . no answer 42 yes 4,6 I haven't thought about it no answer no answer 43 no answer . no answer no answer 44 no_ yes yes 45 no answer . no answer no answer 46 no no answer no answer 47 yes We don't want to reconstruct the farm, we no answer._noase 48 yes 2,49DPrefer money compensation no answer no answer 48 yes 2,49 ~~~~~~We don't want to reconstruct the farm, wenoase 2,49 no answermneycopenatonno answer 49 yes 0,78 _ no no 50 yes 4,33 no . no no 51 yes 1,1 no __ no _ no 52 yes 0,46 . _ no no 53 yes 0,42 . no no 54 yes 7 family doesn't want to move no _ no 55 yes 10 no answer no answer no answer 56 yes 2,27 no no answer no answer 57 yes 1,11 We don't want to reconstruct the farm, we 57 yes 1,11 prefer money compensation no no We don't want to reconstruct the farm, we 58 no Prefer money compensation no no 59 no no answer __ _ no answer 60 no no no 61 no answer no answer no answer __ _ no- answer 62 no answer no answer no answer 63 yes 2,7 ~~~~~~We don't want to reconstruct the farm, we 63 yes 2,7 prefer money compensation no answer no answer 64 yes 6,25 difficult to say no answer _ no answer 65 no answer no answer no_a_SWer 66 no answer no answer _ no answer 67 yes 0,22 no answer no answer 68 yes 1,1 no _ no. We don't want to reconstruct the farm, we n o 69 yes 1,4 prefer money compensation no no We don't want to reconstruct the farm, we 70 yes 251 prefer money compensation no no 71 yes 0,25 no answer _no answer 72 no answer no answer no answer 73 yes 6,23 yes . 3 norl . ~ ~ ~ ~ ~ ~ ~ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ n o , : 1'- 1 1 1 1~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~( |~~~~~~~ ~~~~~~- - - - m m - - Information about land and crops If you want toA)fra, Bpivt No of Do you have arable If yes, what is the rcntutyrDoouuliaeny registered agreement Doyucnctayseic househol land (a legal total area in If total area of your farm Is more than lha, do you farm, do you prefer to leased land (both formal cultivation, vegetables, d ownership)? hectares? ~~~intend to reconstruct it In your new living place? get land In the same Whr?or customary ageement bere tldwener horticulture or orchard on farm d ownership)? hectares? ~~~~~~~~~~~~gmina or in the agreement) ? haeeen area lanower ha scale? other? h ra h 74 yes 3,62 yes 0,7S no 75 yes 0,37 yes 1,5 no 76 yes 0,25 no answer no answer no answer 77 yes 1 58 We don't want to reconstruct the farm, we no no Prefer money compensation _ 78 yes no no 79 yes 1,4 no no 80 yes 0,75 no no 81 yes 0,36 no no 82 yes 0,93 not decided yet no no 83 no answer no answer no answer 84 yes 3 no no 85 yes 7,5 I don't know yet, if I reconstruct my farm no answer no answer *_________,___ somewhere else _. 86 yes 1,18 We don't want to reconstruct the farm, we no answer no answer _________________ 6_________ _ YD,prefer money compensation * 87 yes 8,65 We don't want to reconstruct the farm, we no answer no answer Prefer moneY compensation 88 no answer no answer no answer 89 yes 4 We don't want.to reconstruct the farm, we no answer no answer Ys prefer money compensation 90lyes 0,44 We don't want to reconstruct the farm, we no no yes ~~~~~~~~prefer m oney cohipensation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 91 yes 1 no answer no answer 92 yes 1,25 no no 93 no no no 94 yes 1,41 no answer no answer 95 no no no 96 no no no 97 yes 13 refuse to answer refuse to answer refuse to answer 98 no no no 99 yes 10 no answer no answer 100 yes 6,75 no tak 101 no no no X102 yes 0,25 We don't want to reconstruct the farm, we no answer no answer 102 yes 0,25 prefer money compensation . n 103*yes 3 We don't want to reconstruct the farm, we y 103 yes prefer money compensation no answer no answer 104 no answer . no answer . no answer 105 no_ no answer no answer 106 yes 1,3 difficult to say no answer no answer 107 yes 5 We don't want to reconstruct the farm, we 107 yes S prefer money compensation no answer no answer 108 no no answer no answer no answer 109 yes 1,52 We don't want to reconstruct the farm, we no no _09 Yes 1,52 prefer money compensation 110 yes5 We don't want to reconstruct the farm, we 10Iys 2,6 preer moevcmpen2,6onno answer no answer l 3 Information about land and crops Ifyuwant toA)fra, Bprvt Doyucnutnyseic No of Do you have arable If yes, what is the fnohstruct your Do you cultivate any A) eorm,er e) priate Do yulcondu gt any esp 111 area in If total area o yoes farm yes more than lha, do youfarm, do you prefer to eased land (both formal hosed lwnde(ahle)a hetotareasi intend to reconstruct It in your new living place? get land In the same or customary ageeeasng ae betdwneen-hriutr o rhrnfr gmlna or ithagreement ha area ha scale? other? 111 ~~~yes 4,5 yeS in the same gmina difficult to say no no 112 no no no no 113 no no no 114 yes 7 yes in the same gmina preferably no no no 115 yes 7 yes in the same gmina preferably no no no 116 yes 7 no nae no answer no answer 117 yes 2 no no no 118 no no answer no answer We don't want to reconstruct the farm, we 119 yes 4 prefer money compensation yes yes 120 no yes yes 121 yes 5 yes in the same gmina yes 1,5 1,5 yes -difficult to say 122 yes 0 75 no answer no answer 123 yes 5 yes in the same gmina yes 1,5 1,5 yes - difficult to say 124 yes 65 no answer no answer 125 yes 2 We don't want to reconstruct the farm, we 125 yes 2 prefer money compensation yes yes 126 yes 1 no answer no answer 127 yes 1,25 not decided yet no answer no answer 128 yes 0_3 no answer no answer 129yes ,64 We don't want to reconstruct the farm, we 129 yes 5,64 prefer money compensation no answer no answer 130 no answer _ no answer no answer 131 yes 10 I want to stay no answer no answer 132 yes 0,83 ~~~~~~We don't want to reconstruct the farm, weyeys 132 yes 0,83 prefer money compensation yes yes 133 y e., 1,15 We don't want to reconstruct the farm, we 133 yes 1,15 prefer money compensation no answer no answer We don't want to reconstruct the farm, we . 134 yes 3 orefer moneV compensation no 135 yes 2,86 refuse to answer refuse to answer refuse to answer 136 yes 0,5 . no no 137 no ._._no n_ _ no no We don't want to reconstruct the farm, we 138 yes 0,44 prefer money compensation no no 139 yes 1,46 refuse to answer no no 140 yes 4 We don't want to reconstruct the farm, we . _ 140 Yes 4 prefer money compensation no no 141 yes 2 refuse to answer refuse to answer . refuse to answer 142 no .no answer _ no answer 143 yes 0,8 no _ no 144 no no no 145 no . refuse to answer reuse t an-' _ refuse to answer . , \ I '- I ! I g r- j t , , :~~~~~~~~~~~~~~~~~~I" Information about land and crops If you want toA)fra, Bpivt No of Do you have arable If yes, what is the If yo tal aregistered agreement cultivaton: any sbecifsc househo land a legal total rea in If total area of your farm is more than iha, do you farm, do you prefer to leased land (both formal leasingion beteaeens d ownership)? hectal aresn? intend to reconstruct it in your new living place? get land in the same Whereo or customary agreement arean horticulture or orchard on farm d ownership)? hectares ~~~~~~~~~~~gmina or In the agreement) ? hgemn ra lardweasha scale? other? ha area ha 146 yes 0,19 no no 147 no no no 148 no no .. no 149 yes 0,25 no answer _ no answer 150 yes 1,58 We don't want to reconstruct the farm, we prefer money compensation no_._no 151 yes 0,19 no answer no answer 152 yes 3,75 We don't want to reconstruct the farm, we no answer no answer 1523yes 3,75 prefer money compensation no answer_____ __ 153 no answer no answer no answer 154 no answer ________no answer _______no answer 155 yes 2,58 yes in the same gmina Lubomia yes yes 156 yes 0,05 no no 157 yes 2 yes in the same gmina Lubomia yes 2,3 1,5 yes 158 yes 4,5 We don't want to reconstruct the farm, we yes 7,89 no ______________prefer_money_compensation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 159 yes 0,51 P outside gmina no no 160 yes no no 161 yes 3 We don't want to reconstruct the farm, we 1t61 yes 3 Prefer money compensationno no 162 yes 4,78 prefer to recon!ftruct the farm, we no no ______ ______ ___ _ ______ _____prefer money com pensation _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 163 yes 4,92 rer mont P rcomr tensat no no 165 yes 1,29 prefer money compensation no no 166 yes _ _ _yes_no answer no answer l ~ ~167 yes _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __no _ _ _ _ __ _ _ _ _ __no 168 yes 6,23 t don'trkno the_fays,_we_n3 no - 169 no___________yes no answer no answer 1___9 no__ _ __ _no__ __ _ _answer_ _ __ _ __ _ no_answer 170 no no no 171 yes 3,4 yes in the same gmina Lyski yes 1 no 172 yes 1,8 no answer no answer 173 yes 1,43 no answer no answer 174 yes 0,65 no answer . no answer 175 no answer no answer no answer 176 yes 1,37 yes in the same gmina no no 177 yes 1,67 no answer no answer 178 no answer no answer 179 no answer no answer 180 no no no 181 no answer yes no answer no answer 182 yes 0,89 no answer no answer 5 Information about land and crops If you want toA)fra, Bprvt Doyucnutnyseic P h bI If h th ~~~~~~~~~~~~~~~~ ~~~reconstruct your Do you cultivate any A)giformal B)greeet civateioyo onduvegtany espei, No of Do you have arable If yes, what is the If total area of your farm is more than Iha, do you farm, do you prefer to Where leased land (both formal lrealg batween cultovaondvgtable househol land (a legal total area in Whore? leasingobetwee househol ownde(ahlegal hetal ares? m intend to reconstruct It in your new living place? get land in the same or customary agreement iture or orc gmlna or In the agreement) ? area ha area n eha scale? other? h ra h 183 yes 4,78 We don't want to reconstruct the farm, we no no 183 yes 4,78 prefer money compensation 184 yes 1,64 We don't want to reconstruct the farm, we no no 184__yes__1,64 prefer money compensation . 185 yes 1,29 no no . no 186 yes 0,25 no no 187 yes 0,1_no no 188 yes 0,25 no . no 189 yes 1,8 refuse to answer no no 190 yes 3,97 refuse to answer refuse to answer . refuse tb answer 191 yes 1 no no 192 yes 0,46 no . . no 193 Yes 5,75 We don't want to reconstruct the farm, weno 193 yes 5,75 prefer money compensation 194 yes 5,25 We don't want to reconstruct the farm, we no no 194 yes 5 25 prefer money compensation no no 195 yes 3,2 yes no answer no answer 196 yes 2 no answer no answer ,. I I I i i - - -- - - --- Information from the land register about plots which were bought by RZGW (to December 2004) Type of ~~~~Kind ofNo of postcod Plmaototeroonerl Item Type of Name First name posses Street No aparteme place (village/town) country No of plot area land register land record limit No Pls |ar oer owner eonsntatous 1069 1 Storka Bernard wI Mickiewicza 80 Lubomia Polska 15 0,14 56570-R Ligota Tworkowska 1102 sold Ligota Tworkowska 29 956 1 Swierczek Adelajda ws Wiejska 45 Ligota Tworkowska Polska 39 0,09 84175-R Ligota Tworkowska 1102 sold Ligota Tworkowska 46 1104 1 Szulc Tadeusz ws Wiejska 44 Ligota Tworkowska Polska 43 0,12 LWH18 Ligota Tworkowska 1102 sold 1114 1 Szulc Halina ws Witejska 44 Ligota Tworkowska Polska 43 0,12 LWH18 Ligota Tworkowska 1102 old 360/108 (other number of 1598 1 Kotek Gerard wI Rzeczna 52 Nieboczowy Polska 44 1,25 49006-R Nieboczowy 1104 old plot) 0,3125 ha (other area) 985 1 Horoba Dorota wl NiepodlegJosci 84 Psz6w 44-370 Polska 55 0,02 51477-W Ligota Tworkowska 1102 sold igota Tworkowska 17 981 1 Horoba Dorota wl Niepodleghosci 84 Psz6w 44-370 Polska 109 0,06 51477-W Ligota Tworkowska 1102 rold Ligota Tworkowska 17 1100 1 Szulc Tadeusz ws Wiejska 44 Ligota Tworkowska Polska 113 0,04 LVWH1 8 Ligota Tworkowska 1102 sold 1110 1 Szulc Halina ws Wiejska 44 Ligota Tworkowska Polska 113 0,04 LWH18 Ligota Tworkowska 1102 sold 938 1 Przybyia Kornelia wI Ugota Tworkowska Polska 114 0,02 104018R Ligota Tworkowska 1102 sold Ligota Tworkowska 2 986 1 Musiot Bernard wI Korfantego 11 Lubomia Polska 117 0,02 2001-W Ligota Tworkowska 1102 sold Ligota Tworkowska 16 Regional Water Agnieszka Ga)*zka 1466 3 Management Board za Sienkiewicza 2 Gliwice 44-100 Polska 120 0,03 9785-W Ligota Tworkowska 1102 sold Ligota Tworkowska 14 _____ ______ (RZGW) in Gliwice _ (previous owner) Agnieszka Gaiqzka 1448 3 State Treasury wI Polska 120 0,03 9785-W Ligota Tworkowska 1102 old Ligota Tworkowska 14 _________ __ _____ ________ __ _____ ________ ___ ____ _______ (previous ow ner) 1067 1 Storka Bernard wI Mickiewicza 80 Lubomia Polska 121 0,02 56570-R Ligota Tworkowska 1102 sold Ligota Tworkowska 29 987 1 Musiol Bernard wI Korfantego 11 Lubomia Polska 122 0,03 2001-W Ligota Tworkowska 1102 sold igota Tworkowska 16 982 1 Horoba Dorota wi Niepodleghosci 84 Psz6w 44-370 Polska 123 0,02 51477-W Ligota Tworkowska 1102 sold Ligota Tworkowska 17 983 1 Horoba Dorota wl Niepodleghsci 84 Psz6w 44-370 Polska 125 0,04 51477-W Ligota Tworkowska 1102 sold Ligota Tworkowska 17 1066 1 Storka Bernard wI Mickiewicza 80 Lubomia Polska 128 0,05 56570-R Ligota Tworkowska 1102 old Ligota Tworkowska 29 2282 1 Mytliwiec Stdan WI Turystyczna 26 23 Jastrzqbie Zdr6j Polska 136 0,06 40159-R Nieboczowy 1104 sold Wejska 43 Nieboczowy 3181 1 Gaida Tadeusz Ws Wejska 10 Nieboczowy Polska 152 0,25 24198-W Nieboczowy 1104 sold 3189 1 Gaida Lucyna ws Wiejska 10 Nieboczowy Polska 152 0,25 24198-W Nieboczowy 1104 sold Type of owner: 1 -private owners Plot s datus 3-4 communal and municipal offices "Unsoid?'- data to werify s -prvate finns 6 -oroanizatons and associations Information from the land register about plots which were bought by RZGW (to December 2004) Itm Type of amFitnmeKind of No of postcod Plot formal It ow ner N First n posses Street No nparteme place (villagettown) e country No of plot area land register land record limit No status remarks (other owners) 3182 1 Gaida Tadeusz ws Wiejska 10 Nieboczowy Polska 154 0,23 24198-W Nieboczowy 1104 old 3190 1 Gaida Lucyna ws Wtejska .10 Nieboczowy Polska 154 0,23 24198-W Nieboezowy 1104 sold 976 1 Tomas Henryk ws Sklodowskiej 2 Lubomia Polska 92/10 0,53 2770-W Ligota Tworkowska 1102 Id Ligota Tworkowska 3 980 1 Tomas Stanislawa ws Sklodowskiej 2 Lubomia Polska 92/10 0,53 2770-W Ligota Tworkowska 1102 old Ligota Tworkowska 3 1500 1 Tomas Henryk ws Sklodowskiej 2 Lubomia Polska 92/10 0,53 2770W Ligota Tworkowska 0002 sold Ligota Tworkowska 3 1502 1 omas Stanislawa ws Skiodowskie; 2 Lubomia Polska 92/10 0,53 2770W Ligota Tworkowska 0002 old Ligota Tworkowska 3 1109 1 Szulc Tadeusz ws Wiejska 44 Ligota Tworkowska Polska 94/10 1,52 LWH74 Ligota Tworkowska 1102 sold 1119 1 Szulc Halina ws Wiejska 44 Ligota Tworkowska Polska 94/10 1,52 LWH74 Ligota Tworkowska 1102 Id 1516 1 Szulc Halina Ws WMejska 44 Ligota Tworkowska Polska 94/10 1,52 27054R Ugota Tworkowska 0002 old 1519 1 Szulc Tadeusz ws Wiejska 44 Ligota Tworkowska Polska 94/10 1,52 27054R Ligota Tworkowska 0002 old 995 1 Musioi Bernard wI Korfantego 11 Lubomia Polska 99/10 1,54 2002-W Ligota Tworkowska 1102 old Ligota Tworkowska 16 1504 1 Musiol Bernard wI Korfantego 11 Lubomia Polska 99/10 1,54 2002W Ligota Tworkowska 0002 sold Ligota Tworkowska 16 1038 1 Gawenda Bernard wI Wiejska 43 Ligota Tworkowska Polska 104/10 2,08 87023-R Ligota Tworkowska 1102 sold 1153 1 Wilkus Narcyz WI Wsejska 19 Ligota Tworkowska Polska 107/10 1,01 29966-W Ligota Tworkowska 1102 sold 940 1 Przybyta Komelia WI Ligota Tworkowska Polska 112/10 0,72 104017R Ligota Tworkowska 1102 sold Ligota Tworkowska 2 1154 1 Wilkus Narcyz wI Wiejska 19 Ligota Tworkowska Polska 123/19 0,05 29966-W Ligota Tworkowska 1102 sold Regional Water Miroskawa.Qrzybek- 1482 3 Management Board za Sienkiewicza 2 Gliwice 44-100 Polska 124/23 0,11 9785-W Ligota Tworkowska 1102 old Czysz Ligote (RZGW) in Gliwice T _workowska 20 Mirostawa Grzybek- 1464 3 State Treasury wI Polska 124/23 0,11 9785-W Ligota Tworkowska 1102 Id Czysz Ligota I Tworkowska 20 2319 1 Kubecka Marianna wd Nieboczowy Polska 128/31 0,28 Nieboczowy 1104 sold 2320 1 Wilczok Eugeniusz wl Nieboczowy Polska 129/31 0,27 Nieboczowy 1104 old Jan (in data base instead 984 1 Horoba Dorota wI Niepodleglosci 84 Psz6w 44-370 Polska 142/56 0,09 51477-W Ligota Tworkowska 1102 Isold Ugota Tworkowska 17 Type of owner: plot status 1 -private owners Plot status] ~~~~~~~~~3-4 communal and municipal offices ,,,,- "Unsold7" dat-wenty 5- onvatetins-2 | ' I 6 I i ~~~- - - - - - - m - Information ,, um the land register about plots which were bought by RZGW (to Decenmuer 2004) Item Typeo Name Oirt nm v Kind of StNeat No no place (village/town) postcod ountr No of plot area land register land record limit No Plot f al remars (other ownersj Itm owner NmFisnaeposses sre No aparteme plctviegtowuecormrssohr wes sion ntl housee Regional Water Anna and Kazimierz 1483 3 Management Board za Sienkiewicza 2 Gliwice 44-100 Polska 148/10 0,25 9785-W Ligota Tworkowska 1102 old Szryt Ligota Tw. 36 (RZGW) in Gliwice I_ _ _ 1465 3 State Treasury wI Polska 148/10 0,25 9785-W Ugota Tworkowska 1102 sold Szryt Ligota Tw 36 2740 1 Wilczok Jan wI Nowy Dw6r 4 Nieboczowy Polska 148131 0,25 11456-W Nieboczowy 1104 old Nowy Dw6r 5 (other 15_ieir a ea 2tT rwPl 1/ 02 9agt rk k 1 o 1085 1 Mysliwiec Piotr ws Wiejska 32 Ugota Tworkowska Polska 149/10 0,25 6947-R Ligota Tworkowska 1102 sold 1087 1 Mysliwiec Klaudia ws Wiejska 32 Uigota Tworkowska Polska 149/10 0,25 6947-R Ligota Tworkowska 1102 sold 1155 1 Wilkus Narcyz wi Wiejska 19 Ugota Tworkowska Polska 150/16 0,22 34448-W Ligota Tworkowska 1102 sold 1526 1 Wilkus Narcyz wl Wejska 19 Ligota Tworkowska Polska 150/16 0,22 34448W Ligota Tworkowska 0002 sold 993 1 Musiol Bernard wI Korfantego 1 Lubomia Polaka 151/16 0,24 1999-W Ligota Tworkowska 1102 old Ligota Tworkowska 16 1505 1 Musiol Bernard wI Korfantego 11 Lubomia Polska 151/16 0,24 1999W Ligota Tworkowska 0002 sold Ugota Tworkowska 16 1191 1 Szryt Anna ws 36 Ligota Tworkowska Polska 153/57 0,07 54319-W Ligota Tworkowska 1102 sold Ligota Tworkowska 5 i 6 1193 1 Zajqc Jan ws Kiliiskiego 37A 16 Rybnik 44-200 Polska 153/57 0,07 54319-W Ligota Tworkowska 1102 old Ligota Tworkowska 5 i 6 1192 1 Szryt Anna ws 36 Ligota Tworkowska Polska 154/56 0,22 54319-W Ligota Tworkowska 1102 sold Ligota Tworkowska 5 i 6 1194 1 Zajqc Jan ws Kilinskiego 37A 16 Rybnik 44-200 Polska 154/56 0,22 54319-W LigotaTworkowska 1102 sold Ligota Tworkowska 5 i 6 Regional WaterZdiawMlk Lgt 1467 3 Management Board za Sienkiewicza 2 Gliwice 44-100 Polska 161/106 0,09 9785-W Ligota Tworkowska 1102 sold dzistaw Matecki Ligota (RZGW) in Gliwice 1449 3 State Treasury wI Polska 161/106 0,09 9785-W Ligota Tworkowska 1102 sold Zdzislw Matecki Ligota 988 1 Musiol Bernard wi Korfantego 11 Lubomia Polska 162/126 0,07 2001-N Ligota Tworkowska 1102 sold Ligota Tworkowska 1 6 989 1 Musiot Bernard wI Korfantego 11 Lubomia Polska 167/107 0,05 2003-W Ligota Tworkowska 1102 old Ligota Tworkowska 16 989 1 Musiol Bernard WI Korfantego 11 Lubomia Polska 168/107 0,05 2003-W Ligota Tworkowska 1102 Id Ligota Tworkowska 16 1990 1 Miusio Bernard wI Korfantego 11 Lubomia Polska 168/107 0,05 2003-W Ligota Tworkowska 1102 sold 7igota Tworkowska 16 1151 1 vVilkus Narcyz wI Wiejska 19 Ligota Tworkowska Polska 177/134 0,42 1096-R Ligota Tworkowaka 1102 sold 1152 1 Wilkus Narcyz wI Wieska 19 Ugota Tworkowska Polska 178/134 0,1 2 106R Ligota Tworkowska 1102 sold 1120 1 Swierczek Cecylia wI Wiejska 8 Ugota Tworkowska Polska 187/86 0,04 13749-R Ligota Tworkowska 1102 sold Type of owner: Plot status: 1 -private owners Unsoldt statauos erf 3-4 communal and municipal offices 3 Unsold7 - data to wer,fy S-private lwrms 6 -oronizaton and associabons Information from the land register about plots which were bought by RZGW (to December 2004) Kind of No of ltfra item Typ ofe Nam First name piilose postco PlN l Pr _ - . e 1oflL0 A ln 9 ot formal rernarks (other owners) ote wTyero ae Frt aep e Street No aparteme piece (village/town) country No of plot area land register land record limit No rmrs(te wes owner 1f/ ntd house e stkaus 1168 1 Gawenda Alojzy wI 29 Ligota Tworkowska Polska 211/90 0,12 54433-R Ligota Tworkowska 1102 iold 1169 1 iGawenda Alojzy wV 29 Ligota Tworkowskj Polska 212/190 0,12 54433-R Ligota Tworkowska 1102 14old 2283 1 My§liwiec Stefan wI Turystyczna 26 23 JastrzQbie Zdroj Polska 222/137 0,04 40159-R Nieboczowy 1104 old Wiejska 43 Nieboczowy 2284 1 Mytliwiec Stefan WI Turystyczna 26 23 Jastrzqbie Zdr6j Polska 223/137 0,42 40159-R Nieboczowy 1104 sold Wejska 43 Nieboczowy 1041 1 Swierczek Hubert ws Ligota Tworkowska Polska 231/83 0,2 24393-W Ligota Tworkowska 1102 sold Ligota Tworkowska 30 1045 1 gwierczek Iwona ws I Ligota Tworkowska Polska 231/83 0,2 24393-W Ligota Tworkowska 1 102 sold Ligota Tworkowska 30 1042 1 Swierczek Hubert ws _ Ugota Tworkowska Polska 232/84 0,05 24393-W Ligota Tworkowska 1102 ;old Llgota Tworkowska 30 1046 1 twierczek Iwona ws Ligota Tworkowska Polska 232/84 0,05 24393-W Ligota Tworkowska 1102 -oid Ligota Tworkowska 30 1437 1 Swierczek Hubert ws 28 Ligota Tworkowska 44-360 Polska 233/84 0,02 42616-Wi Ugota Tworkowska 1102 Iold Ugota Tworkowska 30 1443 1 gwierczek Iwona ws 28 Ligota Tworkowska 44-360 Polska 233/84 0,02 42616-W Ligota Tworkowska 1102 sold Ligota Tworkowska 30 1438 1 Swierczek Hubert ws 28 Ugota Tworkowska 44-360 Polska 234/83 0,09 42616-W Ligota Tworkowska 1102 sold Ligota Tworkowska 30 1444 1 Swierczek Iwona Ws 28 Ligota Tworkowska 44-360 Polska 234/83 0,09 42616-W Ligota Tworkowska 1102 old Ligota Tworkowska 30 3183 1 Gaida Tadeusz ws Wiejska 10 Nieboczowy Polska 238/151 0,01 24198-W Nieboczowy 1104 sold 3191 1 Gaida Lucyna ws Wlejska 10 Nieboczowy Polska 238/151 0,01 24198-W NieboczOwy 1104 sold 3184 1 Gaida Tadeusz Ws Wiejska 10 Nieboczowy Polska 239/151 0,01 24198-W Nieboczowy 1104 Iold 3192 1 Gaida Lucyna Ws Wiejska 10 Nieboczowy Polska 239/151 0,01 24198-W Nieboezowy 1104 sold 3185 1 Gaida Tadeusz ws Wiejska 10 Nieboczowy Polska 240/153 0,02 24198-W Nieboczowy 1104 sold 3193 1 Gaida Lucyna ws W ejska 10 Nieboczowy Polska 240/153 0,02 24198-W Nieboczowy 1104 sold 3186 1 Gaida Tadeusz ws Wiejska 10 Nieboczowy Polska 241/153 0,03 24198-W Nieboczowy 1104 old 3194 1 Gaida Lucyna ws W,ejska 10 Nieboczowy Polska 241/153 0,03 24198-W Nlebocowy 1104 old 2115 1 Miion Franciszka wi Wlejska 41 Niebocowy Pdska 250/145 0,04 58179- NieboIoCy 1104 Id nerJan Cecylta Type of owner: Plot status. I -private owners Uniold- st ' s werify -" 3-4 communal and municipal offices , I "Unsold?"- cdr w 5-prvate firms ' 1 6 or asnd a ns The scrap ot dnd register (unsold plots) l cK Kind of No ofconr NooPlt ae ladrgsr litue Item e Name First name possess Street No aPartemen place (villageltown) poslcode country No of plo area land rgister ll No Kin Name ~ ~~~~ ~~~ion / house 8727 1 Zeman Wilheim Wl Pomnikowa 39 Biertkowice Poland 8 0,43 14454 Blerikowice 1106 8728 1 Zeman Wilhelm WI Pomnikowa 39 Bienkowice Poland 9 2,79 14454 Bienkowice 1106 709 4 Gmina Board Ad Szkolna 1 Lubomia 44-36 Poland 7 0,17 Lubomia 1103 710 4 Gmina Board Ad Szkolna 1 Lubomia 44-360 Poland 8 0,19 Lubomia 1103 8688 1 Wyjszkohi Maria WI Pomnikowa 25 Biejikowice Poland 11 1.99 937 Bienkowice 1106 8598 4 Provincial Board of Agricultural Investments Wd Piaskowa 6 Racib6rz Poland 1 0,02 Bienkowice 0001 8598 4 (WZIR) in Katowice Racib6a Poland 5 8590 4 (WZIR) in Katowice Wd6Racib6rz Poland 0,14 Bieikowice 1106 W 9601 4 Provincial Board of Agricultural Investments Wd Piaskowa 6 Racib6rz Poland 5 0.14 Bienkowice 0601 9015 4 W(ZIR) in Katowice Wd_ _ Piaskowa eRizl80_106 8600 4 Provincial Board of Agricultural Investments Wd Piaskowa 6 Racib6rz Poland 8 0,08 Bieikowice 0001 860 4 (VVZIR) in Katowice Wd_iak_W_6_____ _Plad_a____Be _ow_e_ 10 9016 4 Provincial Board of Agricultural Investments Wd Piaskowa 6 Racib6rz Poland 8 0,08 ieowkce 06 9064 4 (WZIR) in Katowice Piaskowa 6 Racib6rz Poland 2 1,25 Tworkow 1008 904 4 Provincial Board of Agricultural Investments Wd Pakw ai6zPln 200 lnoie 10 947 4 (WZIR) in Katowice Poland__ 2__1_25________ _______ l Provincial Board of Agricultural Investments WdI PiaskoWa 6 Racib6rz Poad212ITokw 00 8223 1 vWiteczek Sylwia Ws Szkolna 71 Bierikowice Poland 11 0,65 15458 Bierikowice 0001 8225 1 Witeczek Walter Ws Szkolna 71 Biei'kowice Poland 11 0,65 15458 Bieaikowice 0001 8758 1 Wteczek Walter Ws Szkolna 71 Biehkowice Poland 11 0,65 15458 Biehkowice 1106 8763 1 Witeczek Sylwia Ws Szkolna 71 Bierikowice Poland 1 1 0,65 15458 Biehkowlce 1106 4065 1 Wilkus Maria Ws Powstadcdw 49 Lubomia Poland 3 0,05 Pogrzebieri 1105 L 4067 1 Wilkus Alojzy Ws Powstafc6w 49 Lubomia Poland 3 0,05 Pogrzebieh 1105 1786 1 Wendelberger tucjan Al WVejska 110 Nieboczowy Poland 12 0,98 LW3386 Niebocrowy 1104 8656 1 Wallach Maria Ws Raciborska 39 Biehkowice Poland 7 1,96 23328 Bierkowice 1106 8658 1 Wallach Hubert Ws Raciborska 39 Bierikowice Poland 7 1,96 23328 Blerkowice 1106 2132 1 Walenko StanisIawa WI WIqska 14 Nieboczowy Poland 5 0,29 36012-R Nieboczowy 1104 Type of owner: 1 -private owners 3-4 communal and municipal offices 5 -private firms 6 -oManizations and associations The scrap of land register (unsold plots) 0 ~~~~~~~~~~~~Kind of No of ln ido Item Typeo Name First name pos ess Street No apartement place (village/town) postcode country No of plot area land register end ord No Kind of yovner ion house mit use 2133 1 Walenko Stanistawa WI Wielska 14 Nieboczowy Poland 6 0,91 36012-R Nieboczowy 1104 827 1 Szymiczek Marek WV A.Asnyka 63 Lubomia 44-360 Poland 3 0,16 45156-VV Lubomia 1103 3789 1 Szymiczek Marek WI A.Asnyka 63 Lubomia 44-360 Poland 3 0,16 45156W Lubomia 0003 2884 1 Szymiczek tucia Ws Rzeczna 40 Nieboozowy Poland 12 0,05 1434-W Nieboczowy 1104 8690 1 Sztuka Jan Dz Pomnikowa 25 Bienkowice Poland 11 199 937 Bienkowice 1106 4395 1 Stroka Manfred Wi Sudecka 5 Racib6rz 47-400 Poland 7 0,22 13004 Plonia 1112 4744 1 Stroke Manfred Wi Sudecka 5 Racib6rz 47-400 Poland 7 0,22 13004 Plonia 1112 8778 1 Solich Henryk Wi Szkolna 27 Bienikowice Poland 9 0.36 11505 Bienkowice 1106 936 1 Solich Danuta Ws Rzeczna 30 Nieboczowy 44-360 Poland 8 1,03 7566W Lubomia 0003 937 1 Solich Piotr Ws Rzeczna 30 Niaboczowy 44-360 Poland 8 1,03 7568W Lubomia 0003 3135 1 Solich Piotr Wa Rzeczna 30 Nieboczowy 44-360 Poland 8 1,03 7568-W Niebo.zowy 1104 3138 1 Solich Danuta Ws Rzeczna 30 Nieboczowy 44-360 Poland 8 1,03 7568-W Nieboczowy 1104 4158 3 State Treasury Wi Poland 12 0,37 24262 Plonia 1112 8241 3 State Treasury WIA Poland 1 1,62 Bienkowice 0001 8588 3 State Treasury WVI Poland 1 0,02 Bienikowice 0001 8869 3 State Treasury WI Poland 1 1,62 Bienkowice 1106 8873 3 State Treasury Wi Poland 1 0,75 Bienkowice 1106 Vp 8871 3 State Treasury WI Poland 2 O 1 Biehkowice 1106 8875 3 State Treasury W\I Poland 2 0,79 Bienkowice 1106 8876 3 State Treasury WI_ Poland 3 0,79 Bierkowice 1106 8878 3 State Treasury WI_ Poland 4 1,46 Bierikowice 1106 8S89 3 State Treasury W Poland 5 0,14 Bierikowice 0001 8923 3 State Treasury Wi Poland 5 0,14 Bienkowire 1106 Type of owner. 1 -private owners , 3-4 communal and municipal offices ~ r5 -pnvate fifmSli I I . I-orar 1r The scrap ot land register (unsold plots) Type 0 ~~~~~~~~~~~Kind of No o land reconrd Item Te Name First name possess Street No apartement place (villageltown) postcode country No of plot area land register No mI owner iou/oseeii 8872 3 State Treasury vIA Poland 6 0,16 Bietkowice 1106 8610 3 State Treasury Wl Poland 7 1,11 Biefikowice 0001 9086 3 State Treasury WVI Poland 7 1,11 Bieikowice 1106 TK 8521 3 State Treasury Wl Poland 8 0,06 Bienkowice 0001 8590 3 State Treasury Wl Poland 8 0,08 Blieikowice 0001 8924 3 State Treasury WVI Poland 8 0,08 BieVkowice 1106 9084 3 State Treasury WV_ Poland 8 0,06 Bienikowice 1106 B 8522 3 State Treasury WI Poland 9 0,73 Bie6kowice 0001 9085 3 State Treasury Wl Poland 9 073 Bierikowice 1106 8523 3 State Treasury WI Poland 10 3.93 Bienikowice 0001 9081 3 State Treasury WI Poland 10 3,93 Bienkowice 1106 I 8972 3 State Treasury AWl Poland 12 0,09 Bierkowice 1106 6879 3 State Treasury Wl Poland 10 0,21 Brzezie 1111 905 3 State Treasury WI Wodzistaw gl. 44-300 Poland 2 0,62 50577W Lubomia 0003 906 3 State Treasury WI Wodzistaw Sl. 44-300 Poland 3 0.5 50577W Lubomia 0003 907 3 State Treasury WAI Wodzislaw Sl. 44-300 Poland 4 0 88 50577W Lubomia 0003 908 3 State Treasury WVI Wodzislaw Sl. 44-300 Poland 11 1,4 50577W Lubomia 0003 5582 3 State Treasury WI Poland 12 0,37 24264 Plonia 1112 9623 3 State Treasury WI Poland 1 28.14 31793 Twork6w 1108 9434 3 State Treasury WI Poland 2 1,25 Twork6w 0009 9578 3 State Treasury WI Poland 2 1,25 Tworkbw 1108 9639 3 State Treasury WI\ Poland 3 11,09 31793 Twork6w 1108 Ls 9649 3 State Treasury WI Poland 7 16,71 31793 Twork6w 1108 Type of owner: 1 -private owners 3-4 crommunal and municipal offices 3 5 -private firms 6 -organizatIons and associations The scrap of land register (unsold plots) Kind of No of land recr Kind of Item Type of Name First name possess Street No apartement place (village/town) postcode country No of plot area land register Necod o use owner Ion / house limitus 9651 3 State Treasury W_ Poland 9 0.17 31793 Tworkow 1108 9625 3 State Treasury W i Poland 12 11,71 31793 Twork6w 1108 4405 1 Sgaslik Jadwiga WI Poland 8 0,23 X111590 Rola Plonia 1112 4760 1 Sgaslik Jadwiga Ws Poland 8 0,23 Xfll 590 Role Plonia 1112 602 1 Sekula Aniela Ws Lubomska 3 Pogrzebien Poland 1 0,27 Lubomia 1103 603 1 Sekula Henryk Ws Lubomska 3 Pogrzebieri Poland 1 0,27 Lubomia 1103 3719 1 Sekula Aniela Ws Lubomska 3 Pogrzebieh Poland 1 0,27 Lubomia 0003 3720 1 Sekula Henryk Ws Lubomska 3 Pogrzebieni Poland 1 0,27 Lubomia 0003 4249 5 Saksor1sko-Slqska Unia Betonowa Ltd In Uz Kossutha 7 Katowice 40-859 Poland 8 0.32 9448 Pionia 1112 Katowice I_ __ __I__ __ _ __ __ _ 5094 5 Saksonsko-Slaska Unia Betonowa Ltd in Uk Kossutha 7 Katowice 40-859 Poland 8 0,32 9448 Plonia 1112 aoKatowice 5688 5 SaksMorsko-SlIEska Unia Betonowa Ltd in WI Kossutha 7 Katowice 40-859 Poland 9 0,22 29873 Phonia 1112 Katowice 5677 5 Saksonsko-Slaska Unia Betonowa Ltd in W Kossutha 7 Katowice 40-859 Poland 10 0,26 29873 Plonia 1112 5 Katowice 5678 5 Saksorisko-tlqska Unia Betonowa Ltd in WI ' Kossutha 7 Katowice 40-859 Poland 11 0,31 29873 - Plonia 1112 Katowice 8825 5 Agriculture Co-operative (RSP)-G3runty VVldadowe WI Biefikowice 47-451 Poland 3 1,48 25488 Bienikowice 0001 8310 5 Agriculture Co-operative (RSP)-Grunty VVkladowe W Biehikowice 47-451 Poland 12 3,25 16507 Bienkowice 0001 6834 5 wriculture Co-operaUve (RSP) in Pletrowice U2 Swiqtokrzyska 26 Pietrowice Welkie 47-480 Poland 2 9.27 24429 Brzezie 1111 WIAelkie 9140 5 Agricullure Co-operative (RSP) in Bieikowice W Ogrodowa 1 1 Bierkowice Poland 5 1,31 32611 Bienkowice 1106 9154 5 Agriculture Co-operative (RSP)-Grunty WkIadowe W Biehkowice Poland 3 1,48 16507 Biehkowice 1106 9155 5 Roinicza Sp6ldzielnia ProduKcylna -Grunty Wi Biehikowice Poland 12 3,25 Bielikowimo 1106 WIradowe 9162 5 Agriculture Co-operative (RSP)-Grunty WIdadowe W Biehkowice Poland 13 4,46 21983 Biehrkowice 1106 R 7274 5 Agriculture Co-operative (RSP) Uk gwiqtokrzyska 26 Pietrowice Welkie 47-480 Poland 2 9,27 24429 Brzezie 1111 793 1 Rodzynko Joanna Ws A.Asnyka 55 Lubomia 44-360 Poland 11 0,21 32492-W Lubomia 1103 794 1 Rodzynko Kazimierz Ws A.Asnyka 55 Lubomia 44-360 Poland 11 0.21 32492-W Luboia 1103 Type of owner: I -private owners 3-4 communal and municipal offices , v. -I > 5 -private firms f` .-m. 8 e andt a ns ~~~~~~- - - - - - m - - - Non-sold owner Number of family How many famalies live ownerl first Owner2 surname Onr is household Addess ~yjjjag~ state addressNo of members (from together in the Ownerl surname naeam Address vi;9 aae) |Estate addres |house/ apt. residents register) household? ( 2002 poll) name ne hold ~~~~~~~~~~~~~~2004 2 Ligota Tworkowska Ligota Tworkowska 13 3 2 Glenc Roman Glenc Krystyna 3 Ligota Tworkowska Ligota Tworkowska 18 2 2 Geldner Teofil Geldner Cecylia 4 Nieboczowy Brzeska 7 5 1 Gruszka ladwiga . e. 5 Nieboczowy Kochanowskiego 25 3 1 Porwot Ryszard Porwol Wiestawa 6 Nieboczowy wiejska 1 5 3 Krajewski Dominik Krajewski Stefania 7 Nieboczowy Wiejska 2 1 1 Btaszczok Henryk 8 Nieboczowy wiejska 3 6 2 Ochwat Halina 9 Nieboczowy Wiejska 4 1 Kolek Rudolf 10 Nieboczowy Wiejska 5 7 2 Zaczyk Lucja 11 Nieboczowy wiejska 6 Lyko Pawel 12 Nieboczowy Wiejska 8 1 2 Swierczyk Cecylia 13 Nieboczowy Wiejska 9 5 2 Kurzydem Henryk Kurzydem Helena 15 Nieboczowy Wiejska 12 3 1 Winciarz Ermestyn 16 Nieboczowy Wiejska 14 5 2 Deptuch Stanistawa 17 Nieboczowy Wiejska 16 3 1 lotka Czestawa 18 Nieboczowy Wiejska 18 2 2 anoszek Regina 19 N ieboczowy Wiejska 22 4 1 Zdrzatek Edward Zdrzatek Urszula 20 Nieboczowy Wiejska 241 ZajqLc Reinhold Zajqc ludyta 21 Nieboczowy Wiejska 25 22 Nieboczowy Wiejska 26 5 2 Szymiczek ucja 23 Nieboczowy Wiejska 28 2 2 Piskorz Tadeusz Piskorz Bernadeta 24 Nieboczowy Wiejska 29 8 2 Hawenko Antoni Hawenko Halina 25 Nieboczowy Wiejska 30 2 2 Szklarz Bronistawa 25 NieboczOwY~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Non-sold owner Number of family How many famalies live Onr is No of Adrs vlae saeadesNo of members (from togthe in the Ownerl ura surname surnameirstOwner2 first household adres house/ apt. residents register) ogeeer O surname name 2004 household? ( 2002 poll) 26 Nieboczowy Wiejska 32 5 2 Porwot Alfred Porwot Lucja 27 Nieboczowy Wiejska 33 7 1 Siedlaczek Roman 28 Nieboczowy Wiejska 34 6 2 Cuber Stefan 29 Nieboczowy Wiejska 35 5 1 Siedlaczek Andrzej 30 Nieboczowy Wiejska 36 1 2 Wdt6ch Halina 31 Nieboczowy Wiejska 37 3 1 Nowak Maria 32 Nieboczowy Wiejska 39 3 1 Kampka Wilhelm Kampka Bernadeta 33 Nieboczowy Wiejska 38 6 2 Watach Halina 34 Nieboczowy Wiejska 40 4 2 Cynalewska Gra2yna 37 Nieboczowy Rzeczna 3 2 1 Lyko Urszula 38 Nieboczowy Rzeczna 4 5 2 Kopel ]an Kopel Teresa 39 Nieboczowy Rzeczna 5 2 1 anoszek Antonii Lyko Anna 40 Nieboczowy Rzeczna 6 6 2 laneta Gabriela 41 Nieboczowy Rzeczna 7 1 1 Wardega Grzegorz 42 Nieboczowy Rzeczna 8 4 1 anoszek o6zef lanoszek Weronika 43 Nieboczowy Rzeczna 9 5 2 Wandelberg Lucjan 44 Nieboczowy Rzeczna 11 3 1 Ochwat lojzy Ochwat adwiga 45 Nieboczowy Rzeczna 46 Nieboczowy Rzeczna 12 1 1 Dulien Gizela 47 Nieboczowy Rzeczna 13 6 2 Chromik Antoni Chromik Aniela 48 Nieboczowy kochanowskiego 19 1 1 Nikiel Jerzy 49 Nieboczowy kochanowskiego 21 1 2 50 Nieboczowy kochanowskiego 23 6 2 Tomaszek Eugeniusz romaszek irena _ ~~~~~~~~~~~~~~~~~~~~~~~~ I , <' ' , s_~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~* I,- - - - - - _ _ -_ Non-sold owner Number of family How many famalies live wnaer fisamnresrnm hosehold Address (vilae Estate address No of members (from together in the Ownerl surname wner2 surname Oer2 first household ~~~~~~~~~house/ apt. residen2ts r4egister) household? (2002 poll) nm m 51 Nieboczowy kochanowskiego 29a 4 1ureczko Piotr ureczko Cecylia 52 Nieboczowy kochanowskiego 27 2 1 Sekula Henryk 53 Nieboczowy kochanowskiego 29 1 Rzeszutek R6±a 54 Nieboczowy Wiejska 49 3 2 Kotek Eryk Kotek Maria 55 Nieboczowy Wiejska 48 5 1 Blaszczok Barbara 56 Nieboczowy Wiejska 46 8 1 Kolonko Zygmunt 57 Nieboczowy Wiejska 47 3 1 Kion Stefan Klon Krystyna 58 Nieboczowy Wiejska 44 3 1 Szulc Leon 59 Nieboczowy Kochanowskiego 2 2 2 Korzonek lerzy 60 Nieboczowy kochanowskiego 1 3 1 Pecherzyna Hainrich 61 Nieboczowy kochanowskiego 3 6 1 Cuber Maly Renata 62 Nieboczowy kochanowskiego 4 2 1 Marczyk Anna 63 Nieboczowy kochanowskiego 5 3 2 Cuber Brygida 64 Nieboczowy kochanowskiego 9 7 2 Gtombica Wladystaw Gtombica Matgorzata 65 Nieboczowy kochanowskiego 11 1 66 Nieboczowy kochanowskiego 13 3 1 Szczotok Krystian 68 Nieboczowy kochanowskiego 15 4 2 Btaszczok Natalia 69 Nieboczowy kochanowskiego 17 3 1 Lawniczak Stawomir Lawniczak Monika 70 Nieboczowy kochanowskiego 31 5 2 Nowak Bogdan Nowak Joanna 71 Nieboczowy kochanowskiego 33 3 1 Cyfka Bernard Cyfka Kinga 72 Nieboczowy Brzeska 1 4 1 urczyk 73 Nieboczowy Brzeska 2 9 2 Baszczok Feliks Btaszczok Felicja 74 Nieboczowy Brzeska 3 6 1 Baszczok Stefan 3 Non-sold owner Number of family How many famalies live Oweifrt Onr uname Onaerfis No of No(fE address No f members (from together in the Ownerl surname we f household Adrs ~Jae saeadeshouse/ apt. residen2ts r4egister) household? ( 2002 poll)naeam 75 Nieboczowy Brzeska 4 5 2 Zdziebko Mirela 76 Nieboczowy Brzeska 5 1 1 Frank Gertruda 77 Nieboczowy Brzeska 6 2 1 Wilczok ]an Wilczok Anna 79 Nieboczowy Brzeska 9 3 1 Zajqc Lucja Zajqc 80 Nieboczowy Brzeska 10 2 1 Wrazidto niela 81 Nieboczowy Brzeska 116 2 Zagola Leonard Zagola Maria 82 Nieboczowy Brzeska 125 2 Mazur Dariusz Bolik Leon 83 Nieboczowy Brzeska 19 84 Nieboczowy Rzeczna 4 1 incierz Ernest Wincierz Monika 85 Nieboczowy Rzeczna 1 a Pieczka Piotr 86 Nieboczowy Rzeczna a6 2 Bfaszczok Elzbieta 87 Nieboczowy Rzeczna 146 2 Popefa Ernest 88 Nieboczowy Rzeczna 15 89 Nieboczowy Rzeczna 16Koek Hieronim 90 Nleboczowy Rzeczna 175 2 Szymiczek Jerzy Szymiczek Lucia 91 Nieboczowy Rzeczna 18 6 2 Lyko 36zef yko Anna 92 Nieboczowy Rzeczna 19 7 2 Czeka#a Krystyna 93 Nieboczowy Rzeczna 22 2 1 Moskwa Antoni 93 lNieboczowy Rzeczna- all In Germany, only Lenard rkadiusz enard Gertruda 94 NieboczowY R.zeczna 236old father staid Lenard _____ Arkadiusz___ __Lenard ___ 95 Nieboczowy Rzeczna 23a 1 1 Maschlenski Krystyna 96 Nieboczowy Rzeczna 24 4 2 Kaszny Henryk Kaszny Irena 97 Nieboczowy Rzeczna 25 2 1 BWaszczok Alojzy 98 Nieboczowy Rzeczna 26 2 1 Kaszny Henryk Kaszny [rena I , t }, I I ~ ~ ~ ~ ~ ~~~~~~ ~ ~ ~ ~~~~~~~~~~~~~ I I I ,? i I I I I I_ Appendix B - Legal framework I I I I I I I I I I I I I I I I I RAPdrukl 305/May-05 U. I I I I I I i I I i i I I II | GFKK GRZYBCZYK FUCHS KALUZA KAMINSKI ATTORNEYS AT LAW PARTNERSHIP 3 ul. Chorzowska 50 40-121 Katowice tel. 032 731 50 67 fax 032 731 50 68 3 www. gfkk.pl 1 January 12, 2005 Jacobs GIBB (Polska) Sp. z o.o. | 00-682 Warszawa, ul. Hoza 86 EXHIBIT no. to Resettlement Action Plan LEGAL ANALYSIS Re: POLAND/ Oder River Basin Flood Protection Project/ Resettlements Action Plan/ Legal 3 ftamework for tesettlement' process. Dear Sirs, We are acting as your special local counsel on matters of Polish law and other relevant 3 jurisdictions in relation to issuing the Analysis (heteinafter: the Analysis) establishing the legal framework pertaining to land valuation, acquisition and expropriation within the Resettlements | Action Plan (hereinafter: RAP) which is contemplated as an element of the project of construction of the dry polder in Racib6rz as part of the Oder River Basin Flood Protection 3 Project. 3 ' The term ,,involuntary resettlement" is used in the World bank Policies and according to its definition should be treated as the equivalent of the term of " expropriation" (wywlaszczenie), within the meaning of the Polish Management of the Real Properties Act. Throughout the text of the Analysis both terms are used | interchangeably, unless the context does not require otherwise. TABLE OF CONTENTS I Qualifications II Beneficiary of the Analysis III Scope of the Analysis IV Detailed Analysis 1 Polish law 1.1 List of legal acts 1.2 Customary law 1.3 Expropriations- general remark 1.4 Voluntary resettlement (expropriations largo sense) 1.4.1. General remarks 1.4.2 Negotiations 1.5 Involuntary resettlement (expropriations strict sense) 1.5.1 General remarks 1.5.2 Compensation 1.5.2.1 Applicable law 1.5.2.2. Beneficiaries 1.5.2.3. Scope of compensation 1.5.3 Means of recourse 1.6. References to other jurisdictions 2 European Union law pertaining to the subject of the Analysis 2.1. Rule of supremacy of European Law 2.2 European Law pertaining to the subject of the Analysis 2.3 Recognition of disputes with regard to expropriation by the European courts 3 The World Bank regulations pertaining to the subject of the Analysis 3.1 Interaction between Polish statutory law and the World Bank regulations 3.1.1 A possibility of ditect reference to the World Bank regulations 3.1.2 Interaction between Polish statutory law and World Bank regulations - introductory remarks 3.1.3 Interaction between Polish statutory law and World Bank regulations - specfc issues 3.1.3.1 Types of compensation under expropriations ptojects to be executed 3.1.3.2 Enities eligible for compensation 3.1.3.3 Scope of compensation for eligible persons 3.1.4 The legal mechanisms to enable overcoming of the disparities between Polish law and the World Bank regulations 3.1.4.1 The difference concerning the scope of the persons entitled to consideration 3.1.4.2 Development assistance 3.1.4.3 The difference with reference to scope of the compensation 2 I Annex 1 to the Analysis Specific issues connected with expropriation * Legal regulations concerning the closure of cemeteries located within area for an concerned reservoir and the designation of an alternative site for interments (who takes the decision and designates alternative sites) 2 Legal regulations concerning the exclusion of forest lands within the I reservoir cup from forest use and the exclusion of farm lands from agricultural use for alternative buildings when a local master plan does not exist I 3 Possibility to encumber the alternative (replacement) real estate with a mortgage for the benefit of the State Treasury in case of higher value of this 3i . property with reference to the expropriated real estate *' t4 Legal regulations concerning the conveyance of lands managed by the Agricultural Real Property Agency for the construction of hydraulic structures, for the reservoir bowl and for alternative lands outside the reservoir 5 Legal regulations concerning a possibility of financing the construction of alternative (social) buildings by RZGW and conveying governmental I administration buildings ( to the starosta) or self-governmental administration buildings (to the wojt) 6 Administrative and judicial-administrative course of instance - verification of the administrative decisions 7 Clarification of the issue whether there is an obligation to pay compensation to entities having at their disposal buildings which were erected against valid regulations ( eg. a house erected without a construction permit). l I' Re: POLAND/ Oder River Basin Flood Protection Project/ Resettlements Action Plan/ Legal framework for expropriation process. I. Qualifications This Analysis has been prepared, written and issued by attorneys at law. 3 11 ~~~~~~~~~~~~~~~~~~3 II. Beneficiary of the Analysis This Analysis has been prepared for the benefit of Jacobs Gibb Polska Sp. z o.o. and Jacobs Gibb Ltd. within the scope of the contract with the Project Coordination Unit. III. Scope of the Analysis Pursuant to the contract, we have been assigned to prepare the Analysis dealing with the following subjects: 1. The compilation and analysis of Polish laws pertaining to expropriation; _ 2. A description of the legal framework for the RAP, relevant local laws and customs that apply to resettlement; compensation entitlement policies for each category of entities; 3. The evaluation of impact of the EU legislation and other European legislation on the expropnation issues. 4. A description of the World Bank regulations pertaining to the legal framework of expropriation under the project financed by the World Bank. 5. Indication of legal possibilities of referring to the World Bank regulations in the case of discrepancies between those regulations and provisions of Polish law. Specifically, the Analysis addresses the following points: * A summary of the applicable laws regarding expropriation, including compensation for expropriated properties, evaluation of assets, sumtnary of rights of appeal and the appeal process; * A summary of changes due to Poland's entry into the European Union; * A summary of dispan'ties between the provisions of Polish law and World Bank requirements; * Under the hypothesis (to be established) that there is no direct or indirect reference in Polish law to World Bank regulations, proposals of alternative ways to enable payment of World Bank levels of compensation 4 i 4 IV. Assumptions Due to the fact, that not all the issues connected with the subject of the Analysis have been decided (or conveyed to the information of the authors of this Analysis), for purpose of judgments and conclusions presented in the Analysis it was necessary to take following assumptions: 1) The Project is generally in accordance with its description contained in ; 2) The financial means provided by the World Bank will be used to finance the Project 1 through the state budget, what allows for their qualification as the public means in the meaning of the of Article 3 sec. 1 point 3d of the Act of November 26,1998 on public finances Journal of Law 2003, position 15, item 148, with further amendments); 3) There is no regulation that would prevent, or substantially modify the usage of the Polish * domestic law with respect to-the subject of the Analysis, in the context of financing the Project from the EU Cohesion Fund, pursuant to the article30 in connection with the article 3 sec.l point 2 of the Act on public finances. 1 4) The loan agreement between Republic of Poland and the World Bank pertaining to financing the Project, has not been executed, and its draft has not been presented to the | | ( authors of the Analysis. V. Detailed Analysis 1. Polish law 1.1 List of legal acts We have examined the following Polish legislation applicable to the subject of the Analysis: 3 | * The Constitution of the Repubhc of Poland dated April 02, 1997 (ournal of Law 1997 No 78, item 483); 5 * The National Development Act dated April 20, 2004 Journal of Law 2004 No 116 item 1206); * The Act on Management of Real Property dated August 21, 1997 Journal of Law No 2000 No 46 item 543, with further amendments); * The Ordinance of the Council of Ministers (Rady Ministrdw) on specific principles of evaluation of properties and the preparation of the Analysis of evaluation procedures dated November 27, 2002 Journal of Law 2002 No 230 item 1924), * The Ordinance of the Council of Ministers (Rady Ministr6w) on evaluation of real property and preparation of the Analysis of evaluation, dated September 21, 2004 Journal of Law 2004 No 207, 20108); * The Ordinance of the Minister of Economy and Labor dated July 30, 2004 on the strategy of using the Cohesion Fund during the period 2004-2006 Journal of Law 2004 No 176 item 1827); * The Law on establishment of the long-term program - "Program of Odra 2006" dated July 6, 2001 (oumal of Law 2001 No 98 item 1067, with further amendments); * The Civil Code dated April 23, 1963 (ournal of Law 1963 No 16 item 94, with further amendments); * The Law of Public Finances dated November 26, 1998 (ournal of Law 2003 Nol5 item 148, with further amendments); * The Administrative Procedure Code dated June 14, 1960 (ournal of Law 2000 No 98 item 1071 with further amendments); * The Procedure before Administrative Courts Act dated August 30, 2002 Journal of Law 2002 No 153, item 1270). Furthermore, with reference to specific issues described in point VI below reference was made to other provisions that regulate the matter. 1.2 Customary law In the Polish legal system there is no customary and/or traditional law that is applicable to expropriation procedures. The legal procedures governing expropriation and standard practices for real property valuation are covered by the Act on Management of Real Property (hereinafter: MoRPA) and by regulations issued on its basis. 6 3 1.3 Expropriations - general remarks 3 According to Article 112 item 3 and Article 113 of the MoRPA, expropriation is allowed only for the benefit of the State Treasury or units of territorial self-government if: l * It is indispensable for public purposes that can not be otherwise achieved than through deprivation or limitation of right to the real property; * The local master plan provides that the real property is located in the area designated for 3 ; public purposes; ~- * Public purposes cannot be fulfilled im any other way than through deprivation or | limitation of rights to the real property and it is not possible to acquire the real property on the basis of a civil law agreement with the entitled party (landowner/perpetual I usufructuary/person who holds limited proprietary rights on the real property). 3 The real property owned by the State Treasury cannot be expropriated. It does not apply to expropriation of the right of perpetual usufruct or limited proprietary rights on the property. The real property may be a subject to ex priation in whole or in part. If, as an effect of expropriation of the part of the real property, the remaining part will not be suitable for its former use (prior to expropriation), then subject to the motion of its owner/perpetual usufructuary it may be sold to the State Treasury or a unit of territorial self-government depending on whose benefit the expropriation is being exercised for. To make reading the Analysis easier the authors differentiated between voluntary expropriation ("largo sense") and involuntary expropriation ("strict sense"). However, one should note that such differentiation does not have juridical reflection and it does not result straight from the applicable regulations or the doctrine of law. 1.4 "Voluntary resettlements" (expropriation largo sense) 1.4.1 General remarks * 7 According to Article 114 of the MIoRPA, prior to involuntary resettlement (expropriation), negotiations between the landowner or person who has the right of perpetual usufruct or limited proprietary rights (such as usufruct, land and personal servitude, co-operative member's right to their own apartment, co-operative right to utility premises, right to a single family house im a housing co-operative) to the property to be taken over and the local authority dealing with the resettlement (starosta) must be undertaken. In the case of property expropriation upon the motion of a unit of territorial self-government the negotiations are conducted by their executive bodies. As a result of those negotiations, an agreement may be reached that among other issues determines the amount of compensation to be paid to the landowner/perpetual usufructary/holder of the limited nrghts to the real property. Based on this agreement, the real 'r property/perpetual usufruct/other right to the property would be conveyed to the State Treasury or a unit of self-government administration. 1.4.2 Negotiations According to Article 72 of Polish Civil Code - the agreement as a result of negotiations is reached upon a meeting of the minds on each of the elements in the negotiations. The MoRPA does not provide for any particular limitations or requirements regarding the negotiations or the conditions under which the agreement may be reached. Article 114 of the MoRPA provides only that the affected party may alternatively be offered different real property. Alternative real _ property referred to in this provision should be differentiated from alternative real property mentioned in Art. 131 item 1 of the MoRPA that may be granted as compensation. There is a difference between the two alternative real properties as to their legal nature and intended function. If the owner or perpetual usufructary agrees to take alternative real property in exchange for real property taken over for public purposes, then it fact it means that a civil law agreement on the exchange is being made that is governed by Art. 603 and 604 of the Civil Code. Affected person may be offered alternatively: * Monetary compensation; * Monetary compensation and land where new buildings (house) may be erected; 8 * Monetary compensation and farm land; a A new house with farm land; * A new house without farm land. The proposal submitted to the affected patty that sets out the basis for negotiations should cover specific provisions of the contemplated agreement including a property purchase price. If an agreement has not been reached, the starosta (or other authority conducting negotiations) shall establish a two-month period for the owner/perpetual usufructuary/limited nights holder to execute an agreement on the conditions submitted during the negotiations. The requirement to undertake the negotiations in the mode of the MoRPA, ot at least to attempt to undertake them, and to establish the above- mentioned term to execute the agreement as stipulated in Art. 115 item 2 of the MoRPA is binding, regardless of the fact that the affected party rejects the negotiation proposal from the beginning. The local authority competent to conduct the negotiations pursuant to the MoRPA is the starosta. Negotiations are carried out with a limited range of entities: landowners; entities holding the perpetual usufruct right, or entities holding limited proprietary rights on the real property. According to the MoRPA, the starosta is not allowed to offer compensation to any entities other than those mentioned above. 1.5 "Involuntary resettlements" (expropriation strict sense) 1.5.1 General remarks Sirnilar to the case of voluntary resettlements, the expropriation procedure is covered by the MoRPA. This procedure is initiated ex offiz,o upon unsuccessful attempt to take over the property on the basis of the agreement discussed in Section 1.4.2 above. If expropriation is to be exercised fot the benefit of the self-government unit, then it is commenced subject to the motion of its executive authorities. Expropriation is carried out subject to the administrative decision issued by the starosta. The commencement of expropriation of the teal property is disclosed in the land and mortgage register. 9 With reference to real property for which legal status is not established, the starosta provides notice of the intended expropriation in the locally customary manner and in a newspaper of Poland-wide circulation. If the expropriation covers a part of the real property, the notice also informs about an intention to initiate proceedings on division of the real property. If within 2 months from the date of the notice anybody who has limited proprietary rights on the real property does not appear, the division proceedings and expropriation procedure can be initiated. If within the deadline specified above any person who has limited proprietary rights to the real property is not established, the starosta issues a decision on the acquisition of the real property by the State Treasury or a unit of territorial self-government applying for the expropriation. The ownership right is acquired as of the date when the decision became final. Compensation for the real property whose ownership was transferred for benefit of the State Treasury or a unit of territorial self-government is set according to regulations in Section 5 of the MoRPA and is placed at the court deposit for 10 year. After commencing the expropriation procedure the starosta, who executes a task within the scope of governmental administration, conducts an administrative trial. The above clause does not apply in relation to the real property with an unspecified legal status. No admninistrative settlement regulations are applicable to the expropriation procedure. According to Art. 121 of the MoRPA the ownership right is transferred to the State Treasury or a unit of territorial self-government as of the day, when a decision on the property expropriation becomes final. The right of perpetual usufruct is transferred to the State Treasury or a unit of territorial self-government as of the day when a decision on the expropriation from that right became final, if the right of perpetual usufruct was established on the land property owned by other person than the one for benefit of whom the expropriation has been exercised. The right of perpetual usufruct of the land property expires as of the day when a decision on the expropriation from that right became final, if the right of perpetual usufruct was established on the land property owned by the person for benefit of whom the expropriation has been exercised. Under provision of Article 121 item 4 of the MoRPA there is opportunity to allow for lease of the expropriated real property to the former landowner until the time when it is used for the purpose for which the expropriation has been carried out. 10 Pursuant to Art. 122 of the MoRPA in cases specified in Att. 108 of the Administrative 3 Procedure Code i.e. when it is necessary due to life and health protection or for securing the national property against heavy losses or due to other social interest and specially imnportant interest of the affected party the starosta may, through his decision, grant the entity that executes a public goal, an authorization to immediately take over the real property after issuing a decision on the property expropriation if a delayed takeover was to make it impossible to execute the public goal for which the real property has been expropriated. This decision can be subject to immediate 3 execution. If in the cases referred to in the preceding clause the issue of a decision on expropriation required prior division of the real property, the decision on approval of the division 3 , - can be subject to imnmediate execution. I 1.5.2 Compensation. l 1.5.2.1 The nature of compensation and its legal regulation The notion of "compensation" involves a loss or limitation of rights being subject to legal | protection. Compensation for expropriation is governed by the MoRPA and legal acts issued on its basis. The regulations are in a sense independent with reference to the Civil Code provisions 3 pertaining to compensation. In civil law the duty to repair damage (scope of compensation) f- usually covers damnum emergens and lucrum cessans, i.e. both detriments to property and lost I benefits. According to the MoRPA compensation in the case of expropriation covers only damnum emergens. Apart from the MoRPA provisions while evaluating compensation for l expropriated rights one should also (first of all) take into consideration stipulations of the Constitution of the Republic of Poland where Art. 21 item 2 established a rule that expropriation | is allowed only when it is exercised for public purposes and for fair compensation. The regulation referred to above allows to distinguish two prerequisites for referring to the expropriation mode | as violating the principle of respect for ownership. The two prerequisites are: public purpose as justification for expropriation and fair compensation to which the affected party is entitled. The | term "fair compensation" was interpreted by the Constitutional Tribunal in its ruling dated March 19, 1990 (K 2/90, OTK 1990, part I, item 3) stating that fair compensation is a benefit l equal to the value of expropriated real property and enabling its owner to recreate the property taken over by the state. 11 What is important is that, pursuant to Art. 8 of the Constitution, its provisions are applied directly. Therefore, claims of persons whose rights to fair compensation will be in their opinion violated may be based solely on Att. 21 of the Act. Specific methods of evaluation of property are specified in regulations issued on the basis of the MoRPA. Until September 21, 2004 methods of property valuation had been covered by the Ordinance of the Council of Ministers (Rady Ministr6w) on specific principles of evaluation of properties and the preparation of the Analysis of evaluation procedures, dated November 28, 2003 (ournal of Law 2002 No 230 item 1924). Currently, specific methods of assessing the value of real property for calculation of compensation are covered by the Ordinance of the Council of Ministers (Rady Ministr6w) on evaluation of real property and preparation of the Analysis of evaluation, dated September 21, 2004. Because of the fact that those regulations will be analyzed in a separate analysis, the authors of this Analysis provide only general information about principles for calculation of compensation. 1.5.2.2 Beneficiaries Similar to voluntary resettlement, the scope of entities entitled to receive compensation for expropriated property encompasses: landowners, entities holding the perpetual usufruct right, and entities holding limited proprietary rights on the real property. 1.5.2.3 Scope of compensation As stated in Article 128 of the MoRPA, the compensation shall be equal to the value of property, the right of perpetual usufruct or the limited rights to property that is the subject of the expropriation. The amount of compensation is mitigated by the amount of limited rights on real property, should such rights encumber the property or the right of perpetual usufruct being subject to exproptiation. The amount of compensation is determined according to the state and value of expropriated property by the local authority (starosta) in the decision of expropriation. The state of the property means its development, legal status, technical condition and surroundings including the size, character and a degree of urban development of the area where the property is located. This value is determined by a qualified property surveyor appointed by the starosta (Art. 130 item 2 of 12 3 the MoRPA) and it a basis for determnining the amount of compensation in the starosta's decision. Art. 130 item 2 of the MoRPA is not clear. The following sentence: I The amount of compensation is determined after obtaining an opinion prepared by a licensed propery surveyor which specifies the value of the realproper{y raises doubts as to the interpretation of a legal character of the property surveyor's opinion that determines the value of real property in the context of a decision of the authorities that set the value of compensation. Without getting into details the property surveyor's opinion is a guideline 3 for the authorities that determine the amount of compensation. The authorities are not bound (limited) by it and in extreme cases it does not have to be taken into account. l MoRPA's relevant regulations assume as a basis for assessing the value of assets for the purpose of expropriation the public amortized market value of the real property (Article 134 of MoRPA). This value is determined by a qualified property surveyor appointed by the starosta. I In estimating the value of the real property, the following factors should be taken into account: the type of property, the method of use, the location, with installations and other fixtures to the | real property and current market prices for real property. | If the market value of the real property can not be assessed due to the fact that such properties are not traded, then the value is calculated as the cost of rebuilding, taking into account the | current physical state of the buildings and other fixtures including the degree of wear. Land, buildings, trees and other agricultural vegetation are assessed separately. I Accotding to Article of 131 of the MoRPA as to the compensation for expropniated property, subject to consent of the affected party, alternative real property may be provided. Any difference I between the amount of the compensation contemplated by the decision on expropriation and the a value of the alternative real estate is coveted by monetary repayment. (Article 130 item 2 of MoRPA). l l Subject to the provisions of Article 132 item 1 of the MoRPA, payment of compensation by the starosta should occur within 14 days from the date that the relevant expropriation decision becomes final and binding. I' 3. 13 1.5.3 Means of recourse According to the provisions of the Administrative Procedure Code and provisions of the law dated August 30, 2002 Procedure before Administrative Courts Act, the ftarosta' decision on expropriation can be overruled. Upon receiving such a decision, the affected party is entitled to employ means of recourse provided for in the Administrative Procedure Code ie. to refer to the administrative body of higher instance. An appeal is lodged within 14 days counting from the day of delivery of the decision to the party. Pursuant to Art. 130 Administrative Procedure Code before the expiry of the deadline for lodging an appeal the decision is not subject to execution and lodging an appeal ceases execution of the decision. Having exhausted an administrative course of the instance, the affected party is entitled to lodge an appeal in the Provincial Administrative Court. The appeal can be lodged pursuant to Art. 52 of the above Act after exhausting means of recourse if they served to the appellant in the proceedings before relevant authonrties (starosta). An appeal is lodged within 30 days via the authorities whose activity or inactivity is the subject of an appeal. The authority transfers the appeal to the court together with files of the case within 30 days from lodging. According to Article 61 para. I of the Code on Procedure Before Administrative Courts Act, lodging an appeal does not stop the execution of the act or action that is the subject of the appeal. Nevertheless, pursuant to Art. 61 para. 2 item 2 of the Act in case of lodging an appeal the authonrit which issued a decision may stop, ex officio or to the motion of the appellant, its execution in uwhole or in part. Also, the court after receiving the appeal on the basis of Art. 61 para 3 of the Act - may, to the motion of the appellant, issue a decision to stop the execution of the act or action referred to in para. I in whole or in part f there is a risk of causing signif cant damage or other efects dicult to be removed. The ruling of the Provincial Administrative Court may be referred to the Supreme Administrative Court (court of II instance) for cassatdon. The Court's award is decisive and binding. A cassation appeal is brought to the court which issued an appealed ruling or decision within 30 days counting from delivery of a copy of the ruling with justification to the party (Art. 177 para 1 of the Act). Art 61 of the Act is applicable to a stay of the execution of the appealed decision. According to Art. 122 of tie MoRPA, if during the proceedings the parties came to agreement as to conditions of expropriation, they may apply for suspension of the administrative proceedings until an appropriate agreement is concluded (Art. 98 para. 1 of the Administrative Procedure Code). After its conclusion the suspended proceedings are initiated and discontinued as having 14 no purpose. Expropriation conditions can be agreed and the agreement can be concluded also during appeal proceedings. A voivode may either subject the decision to immediate execution or | issue a decision on immediate takeover of the real property in the event of fulfillment of conditions in Art. 108 of the Administrative Procedure Code, however the issue of the decision 3 on immediate takeover of the real property can only be possible if, apart from conditions in Art. 108 of the Administrative Procedure Code, a delay in taking over the real propetty was to make it impossible to execute a public purpose. 3 A regulation applicable to a decision on investment location is found in the Act dated Match 30, 2003 on spatial planning and development Journal of Law 2003 No 80 item 717). Pursuant to | Art. 53 item 3 of this Act - 6. Appeal from the decision on location for an investment should contain objections to the decisions, pecify the nature and scope of a claim and indicate proofs tojustfya the claim. Moreover, pursuant to Art. 53 item 7 - 7. The decision on location of a public purpose investment is not found invalid if 12 months have expired since the day of its delivegy or announcement. In other issues the above regulations pertaining to administrative and subsequently court 3 verification of adrninistrative decisions are applicable to the mode of appeal from these specific decisions. 1.6 References to other jurisdictions l As of the date of this Analysis, the MoRPA and other Polish law on expropriation do not provide 3 < for any references to any other jurisdictions. 2 European Union law pertaining to the subject of the Analysis 2.1 Rule of supremacy of European Law I Before we address specific questions, we would like to point out a few general principles of European Law pertaining to the subject of the Analysis. Upon Poland's accession to the I European Union on May 1 2004, the provisions of European Law became applicable in Poland. Conflicts between provisions of European Law and provisions of Member States' law are settled | in accordance with the docttine of supremacy of European Law. The doctrine of supremacy has no formal legal basis in the Treaty establishing the European Community (hereinafter: the EC l 15 Treaty), although this doctrine, developed by the European Court of Justice2 (hereinafter: ECJ), is fully recognized among Member States. According to the doctrine of supremacy of European Law, in the event of a discrepancy between these provisions and the regulations of local law, European Law shall prevail. This rule applies to any provisions of the national law, including provisions contained in the Constitution;. 2.2 European Law pertaining to the subject of the Analysis As far as European Law is concerned, there is no specific legislation with regard to resettlements (expropriations). There are provisions that deal with the problem of protection of ownership, which may be indirectly applicable to the problem of expropriation. With reference to holding of real property, the EC Treaty in Article 295 (former Article 222) provides: "This Treay shall in no wqay prejudice the rules in Member States governing the system ofpropery ownership". The general rule is that Member States are fully authorized to establish autonomous systems of property ownership. The ECJ in its judgments has set forth guarantees of and limits to this right. The general rule arising from judgments of the ECJ provides that the system of property right protection, including expropriations, is subject to the political decision of the Member States4. Despite the fact that the provisions of EC Treaty Article 295 do not call in question the Member States' right to establish a system of property rnghts protection (including compulsory acquisition by public bodies), such systems remain subject to the fundamental rights of European law5. Fundamental rights form an integral part of the general principle of European Law, and their observance must be ensured6. g - Fundamental nrghts are identified by the ECJ from the common constitutional tradition of the Member States and from the guidelines supplied by the international treaties for the protection of human rights. The Convention For Protection of Human Rights and Fundamental Freedoms (hereinafter: the "Convention") has special significance for identification of these rights7. 2 Cases: 26/62, NV Algemene Transporten Expeditie Onderneming van Gend en Loos v. Nederlandse Administratie der der Belastingen [19631 ECR 1; 6/64, Flamino Costa v. ENEL [1964] ECR 598, 593. 3 Case 11/70, Internationale Handelsgesellschaft v. Einfuhr- und Vorratselle fitr Getreide und Futtermittel [1970] ECR 1125. 4 Case: Klause Konle v. Republik Osterreich [1999] ECR 3099. 5Case: Robert Faron & Company Limited v. Irish Land Commission, [19 84] ECR 3677, also: Klause Konle v. Republik Osterreich [1999) ECR 3099. 6 Opinion 2/94 [1996] ECR 1759. 7Case: Annibaldi v. Sindaco del Commune di Guidonia and Presidente Regione Lazio, [1997], 7493. 16 In our opinion, the right to protect property from expropriation without fair compensation must be recognized as a fundamental right of European Law. This view is based on the following | observations: 3 European Law fundamental nghts are contained in the Chatter of Fundamental Rights of the European Union (hereinafter the "Charter"). Article 17.1 of the Charter reads: "No one may be deprived of his or her possessions, except in the public interest and in the cases and under the conditions providedfor by law, subject to fair compensation being paid in good time for their loss." We stress that this Charter is merely a political declaration and not a source of law in the meaning of the EC Treaty; thus, it does not give rise to rights and obligations that can be enforced directly. | * The right of protection of property from expropriation without justified compensation may be found as a common rule in the Member States' constitutions. |f * The "Convention" in Article 1 of Protocol I to the Convention reads: "Every natural or legal person is entitled to peaceful enjqyment of his possessions. No one shall be deprived of his possessions except in | the public interest and subject to the conditions provided for by law and by the general principles of international law." I In our judgmnent, as regards expropriation for the purposes of the RAP, if exercised according to apphcable Polish legislation there will most probably be no violation of the right to protect ownership under the afore-mentioned European regulations. Moreover, we stress that for commencing a proceeding before the ECJ, it is necessary to establish that the given case falls within the scope of European Law8. In our opinion expropriation for the purpose of the RAP is not within the scope of European Law; thus Article 295 of the EC Treaty shall apply'. I . 2.3 Recognition of disputes with regard to expropriation by the European courts The ECJ shall have jurisdiction to make preliminary rulings concerning the interpretation of |f European tteaties. The law of Member States is subject to "control" of the ECJ in the event of a violation of fundamental rights only if this violation is within the scope of European Law. Nevertheless, that in our opinion the provisions of Polish law do not violate the right of protection of ownership, and the ECJ thus has no jurisdiction as such issues do not fall within Case: the Society for the Protection of Unborn Children Ltd v. Stephen Grogan and others, [1991] ECR, 4685. 9 See case: Annibaldi v. Sindaco del Commune di Guidonia and Presidente Regione Lazio, [1997], 7493. 17 the scope of European Law, private entities may attempt to commence proceedings before the ECJ. If any question is raised before a Polish court and a determination of such question is deemed necessary to reach a verdict, the Polish court should refer to the ECJ for a preliminary ruling. The request to submit such a question to the ECJ may be lodged by the parties to the dispute pending before the Polish court. The Polish court must render a decision on the submission/refusal of submission of the case to the ECJ for a preliminary ruling. The parties may appeal such decision to a court of higher instance. If a case is pending before the court against whose decisions there is no judicial remedy under domestic law (the Supreme Court), such court is obliged to refer such case to the ECJ for a preliminary ruling. If the case is submitted to the ECJ for a preliminary ruling, the procedure before the Polish court will be withheld until the ECJ renders its judgment. The judgment of the ECJ is binding for the court that submitted this case for a preliminary ruling and other courts in this case in the event of an appeal. The European Court of Human Rights (hereinafter the "ECHR") shall have jurisdiction to render judgments against a country in the event of a violation of the Convention (and protected fundamental rights). Any natural or legal person may apply to the ECHR, provided that all domestic legal remedies have been exhausted (after a final decision of the Supreme Court). The parties must commence proceedings before the ECHR within six months from the date of final judgment. If the ECHR determines that there was a violation of the Convention and that the internal law allows only partial reparation to be made, appropriate satisfaction to the injured party may be adjudicated. 3. The World Bank regulations pertaining to the subject of the Analysis Referring to the legal issues pertaining to the subject of the Assignment, we have reviewed documents concerning the legal status of the World Bank. We have also examined the following documents relating to the subject of the Analysis: * Operational Policies 4.12 of December 2001 Involuntary Resettlement, revised in April 2004 (hereinafter: OP 4.12) * Annex 2 to OP 4.12 of December 2001 Involuntary Resetdement Instruments (hereinafter: Annex 2 to OP 4.12) 18 3 * Bank Procedure BP 4.12 of December 2001 Involuntary Resettlement, revised in April 2004 (hereinafter: BP 4.12) OP 4.12 contains the overall objectives of the World Bank Policies on involuntary tesettlements; the character of the economic and social inpacts covered as a result of Bank-assisted investment projects taken into consideration in the compensation process; and measures that need to be undertaken in order to achieve the objectives of the World Bank Policies. Annex 2 to OP 4.12 and BP 4.12 are supplementary to OP 4.12. Annex 2 to OP 4.12 describes elements of the resettlement plan, a resettlement policy framework and a resettlement process framework, as discussed in OP 4.12, Paragraphs. 17-31. BP 4.12 describes the institutional framework of involuntary resettlements in Bank-assisted I projects. 5 For the purpose of this Analysis all three documents are collectively referred to as the "Wotld Bank Policies". 5 3.1 Interaction between Polish statutory law and the World Bank regulations 1 3.1.1 A possibility of direct reference to the World Bank regulations For purposes of this Analysis we have examined ways to enable direct (i.e. by replacing the Polish I law provisions) reference to the World Bank tegulations. With this intention, we have examined provisions of the Constitution, which provides a list of sources of law applicable in Poland. I Chapter III "Sources of Laul', Article 87 of the Constitution, enumerates as the sources of governing law for the ternrtory of Poland: 3.1.1.1 the Constitution, 1 3.1.1.2 acts of Parliament, 3 3.1.1.3 ratified international treaties, 3.1.1.4 ordinances. l * ~~~~~~~~~~~~~~19 assets or access to assets; loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons (note - by GFKK). Land" - includes anything permanently affixed to land, such as buildings and crops. Involuntary restriction of access' - covers restrictions on the use of resources imposed on people living outside the park or protected area, or on those who continue living inside the park or protected area during and after project implementation. Replacement costs'4 - With regard to land and structures, it is defined as follows: For agricultural land, it is the pre-project or pre-displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the land affected (by taking over - note b_y GFKK), plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with simnilar or improved public infrastructure facilities (and access to - note by GFKK) and services and located in the vicinity of the land affected (by taking over - note by GFKK, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the structure affected (by taking over - note by GFKK), or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the assets and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an asset affected (by relocation - note by GFKK). Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard. Such additional assistance is distinct from resetdement measures to be provided under other clauses in OP 4.12, para. 6. 12 OP 4.12 - footnote 2 13 OP 4.12- footnote 8 14 Annex 2 to OP 4.12 - footnote I 22 3 In further parts of this Analysis terms used for describing World Bank regulations are consistent with the above definitions. 3.1.3 Interaction between Polish statutory law and World Bank regulations - specific 3 issues | Assuming that the term "resettlement" under World Bank Policies is equivalent in principle to the term of expropriation in the meaning of the MoRPA we have examined the interaction 3 between Polish statutory law provisions and the World Bank regulations concerning expropriation. We have focused on the following problems: types of compensation provided for | ; in connection with the expropriation projects, range of beneficiaries to apply for compensation as well as types and the scope of compensation. l 3.1.3.1 Types of compensation under expropriations projects to be executed According to para. 11 OP 4.12 of World Bank in relation to expropriation projects preference as 3 far as types of compensation to eligible persons is concerned (described below) should be given to strategies provide for alternative land. If land is not the preferred option of the displaced persons, the provision of land would adversely affect the sustainability of a park or protected area, or sufficient land is not available at a reasonable price, non-land-based options built around 3 opportunities for employment or self-employment should be provided in addition to cash compensation for land and other assets lost. The lack of adequate land must be demonstrated . and documented to the satisfaction of the Bank. Payment of cash compensation for lost assets may be appropriate where livelihoods are land-based but the land taken (to be taken) for the 3 project is a small fraction of the affected asset and the residual is economically viable; active markets for land, housing, and labor exist, and there is sufficient supply of land and housing; or livelihoods are not land-based. 3.1.3.2 Entities eligible for compensation Interactions between Polish regulations and World Bank regulations can be presented as follows: 23 Act regulating farm ownership (Journal of Law No 11, item 81, 1982). In retrospect it is arguable that this Act resolved the problem of agricultural land holders without ownership rights to a large extent. In Polish law (but not only in Polish law) there is a doctrinal dispute lasting for many years (if not centuries) between supporters of the concept to recognize possession as a subjective right - one of material rights and supporters of the theory that possession is only an actual state and does not create a subjective right. Without opting for any of those standpoints one should point out that the majority of legal regulations and practically all jurisdictions support the concept of recognizing possession as an actual state which entails specific legal effects (described below). By relating the dispute describe above to this Analysis one may state in a simplified way that the adoption of the first concept ie. recognising possession as a subjective right - material law allows for covering with a disposition of Art. 112 para. 2 of the MoRPA Expropriation of real property consists in deprivation or limitation, through a decision, of a right of ownership, right ofperpetual usufruct or other limited right to the realproperty. Also the possessing of real property, which would not necessarily have to be connected with ownership (perpetual usufruct). However, as it was noted earlier the theory to recognize possession as a material right is not dornminant in Polish law. K- In case of rejecting the concept of recognizing possession as a matenral right and of adopting that possession (not linked with ownership) is only an actual state, in order to evaluate its consequences for this Analysis we need to examine legal effects connected with possession, including the problem of protection. Legal effects connected with possession include among others: a number of presumptions (including presumption of existence of a right due to the fact of possession), possibility of acquiring profits of a thing by a possessor in good faith, possibility of acquiring ownership by a possessor after sufficient time ot protection of possession to which a possessor is entitled (in principle) regardless the kind of possession. When dealing with the last consequence one should state that a possessor is entitled as to the principle to the possessory protection (protection of the actual state) which consists in protecting the possession against violation. 26 With few exceptions the possessor is not entitled to claims fot compensation for violation of possession. One of the exceptions to this rule is a possibility of claiming for compensation according to Art. 415 and subsequent articles of the Civil Code, if the possession was violated due to an unlawful act. In such a situation it is possible to claim for compensation from the person responsible for such violation. However, we note that certain behavior would result in responsibility for compensation only if all conditions of responsibility exist. Such a condition is in principle unlawfulness of an action, damage caused or adequate casual nexus between the action and damage caused. Due to the fact that expropriation stipulated in the MoRPA is carried out on the basis of administrative decisions issued pursuant to a statutory delegation, the existence of unlawfulness is doubtful, which in turn in principle (but not completely) excludes the existence of responsibility for compensation due to an unlawful act. It is possible to adopt that in a specific actual state the execution of rights aiming to deprive of the possession without compensation may be the violation of social existence rules. According to Art. 5 of the Civil Code an action which violates the rules of social existence does not make advantage of protection and is an unlawful action. As a result a condition of unlawfulness in a given actual state will occur and therefore a potential possibility of claiming for compensation, at the assumption that remaining conditions of responsibility ate fulfilled. Obviously the evaluation whether social existence rules have been violated depends on the evaluation of a specific actual state. Leaving aside a possibility of applying the term of expropriation (strict sense) to the situation of depnrvation of possession being an actual state (according to a prevailing standpoint of the doctrine of law), and not the tight, one should point out that in certain circumstances the violation of possession due to the Project execution may lead to claims for compensation by possessors. However, it should be taken into account that probability of formation of responsibility for compensation is small in this actual state. The MoRPA in Att. 116 item 5 provides for protection of persons who are tenants of expropriated premises. The protection of that category of persons is de facto (and also dejure) the protection of dependent possessors. The MoRPA irnposes on the authority responsible for expropriation an obligation to ensure alternative premises to them. Information on fulfillment of tithis obligation is included in an expropriation motion submitted by the entity which intends to execute a public goal or by a tertitorial self-governnent unit. This obligation also pertains to the resettlement procedure initiated ex offzcio. The regulation does not precisely state whether the ensuring should be understood as the conveying of premises into ownership or enabling the use l * 27 of premises on the basis of a rental agreement. In the light of interpretation of purposefulness one should acknowledge that the second solution is to be taken into account. 3.1.3.3 Scope of compensation for eligible persons As regards general postulates concerning resettlement procedures OP 4.12 provides that involuntary resettlement should be avoided where feasible or minimized, exploring all viable alternative project designs. Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement ptograms. Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. As far as categories of impacts covered are concerned, the OP 4.12 refers to direct economic and social impacts that both result from Bank-assisted investment projects and are caused by (i) the involuntary taking of land resulting in: relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (ii) the involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. This policy applies to all components of the project that result in involuntary resettlement, regardless of the source of financing. It also applies to other activities resulting in involuntary resettlement that, in the judgment of the Bank, are directly and significantly related to the Bank- assisted project. According to OP 4.12, the displaced persons, in addition to all the necessary support in form of consultation and informaton, should also be provided with prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project. The compensation includes measures to ensure that the displaced persons are: provided assistance (such as moving allowances) during relocation, and residential housing, or housing sites, or, as required, 28 ---------~~~~~~-- agricultural sites for which a combination of productive potential, geographic advantages, and a other elements at least equivalent to the advantages of the old site. Where necessary to achieve the objectives of the policy (to pte-displacement levels or to levels prevailing prior to the beginning of project imnplementation, whichever is higher), displaced persons should also be offered support after displacement for a transition period based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living. They should also be provided in addition to compensation measures with development assistance such as land preparation, credit facilities, training and job opportunities. In projects involving involuntary restriction of access to legally designated parks and protected L - areas, the nature of the restrictions, as well as the type of measures necessary to mitigate adverse impacts, should be determined with the participation of the displaced persons during the design * and implementation of the project. In such cases, the RAP should also provide for measures to assist the displaced persons in their efforts to improve their livelihoods in real terms, or at least to restore them, while maintaining the sustainability of the park or protected area. To achieve the objectives of this policy, particular attention should be paid to the needs of vulnerable groups among those displaced, especially those below the poverty line, the landless, the elderly, women and childten, indigenous peoples, ethnic minorities, or other displaced persons. U By relating the above categories of compensation to the categories of eligible persons described * in a table in item 3.1.3.2 of this Analysis it should be noted that the World Bank Policies state that the categories of eligible persons described in items (a) and (b) in the table for the * involuntary taking of land resulting in: relocation or loss of shelter; loss of assets or access to assets; or loss of income sources or means of livelihood (whether or not the affected persons * must move to another location) should receive support in the scope of: necessary consultation and information as regards technically feasible alternatives and rights under the resettlement * process as well as compensation at full replacement cost, residential housing or housing sites or, as required, agricultural sites for which a combination of productive potential, locational * advantages, and other factors is at least equivalent to the advantages of the old site. Where necessary to achieve the objectives of the policy, displaced persons should also be offered support after displacement for a transition period based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living. They should also be provided in addition to compensation measures with development assistance such as land preparation, credit facilities, training and job opportunities. 29 . 3.1.4.2 Development assistance The possible way of realization of on obligation to provide consideration assigned for assistance in development such as as allowance to remuneration in the form of: development assistance in form of and preparation, credit facilities, training or job opportunities within the Polish applicable legislation may be realized by means of using existing institutions and legal instruments being in their competence. Accordingly to the article 3 of the Act dated 6fi July 2001 on establishment of the longterm program "Project for Oder - 2006" (Law Journal no. 98, item 1067 with subsequent amendments) the said Project is managed by The Council of Ministers. The realization of said Project may be recognized as the task being within the scope of governmental administration and its implementation may be assigned to other entities as the assigned task. Together with the assignment certain funds necessary for their realization should be provided. With respect to the scope of the development assistance, as defined in the Policies, the institutions assigned with certain competences may be: * territorial self - government units, in particularly boroughs to which according to article 6 subparagraph 1 of the Act dated 8h March 1990 r. on communiy seff-government Uournal Law dated 2001, no. 142, item 1591 with subsequent amendments) * the institutions provided in the Act dated 20th April 2004 on promotion of employment and institutions of the labor market Journal Law no. 99, item 1001), in particularly: district labor offices, province labor offices, labor intervention agencies, temporary labor agencies, training institutions; K * social assistance institutions: social assistance centers, municipal social assistance centers (municipal centers for the assistance to the family), regional social assistance centers; * commercial banks or/and financial institutions which may be engaged in the programs on credit facilitations to affected persons on the basis of civil contracts and financial - resources assigned for said purpose, The above institutions hold suitable legal instruments which enable provision of the cosideration in form of development assistance, provided that the prerequisites arising from applicable - provisions shall be fulfilled. The financial resources assigned for realization of those tasks may directly or indirectly be assigned to the appropriate entities in form of target subsidy. - 38 | 3.1.4.3 The difference with reference to scope of the compensation. The World Bank regulations envisage that in situations the domestic law does not provide for the compensation at the full replacement cost level, the compensation to equal the level provided according to the World Bank policies, should be supplemented by additional measures. Such additional assistance is distinct from the resettlement measures to be provided pursuant to OP 4.12 para. 6. Below we present proposals of overcoming of the discrepancies between Polish law and regulations of the World Bank: (a) the issue of taking into account depreciation of buildings and other assets in the process of assessing the value of the real property for the purpose of expropriation At the stage of the voluntary expropriations by reference to the notion of freedom of contracting as the principle deriving from the Polish Civil Code with regard to the method of determining the amount of consideration (whether cash, or in - kind) there exists the possibility of determining of payment of the consideration at the level stipulated in the World Bank's Policies. At the stage of involuntary expropriations, in principle the rules of estimation of the real estate provided by MoRPA, which envisage obligation to determine the state of real estate with reference to the degree of its depreciation as provided in the Act on G.N. are binding. The public authority competent to decide on the amount of compensation theoretically may estimate the I amount of compensation at the higher level than, than the assessment made by the property surveyor, however if the real estate depreciation has not been taken into account in the assessment, than such action might by recognized as action contra legem (contrary to the law). * Furthermore, in our view, taking into account the level of depreciation in the course of real estate assessment made for purpose of establishing the level of compensation, could not be recognized I as the constituting the breach of Constitution norm providing for obligation of payment a "fair compensation". This arises out from the institution of the compensation provided in Polish law which refers to obligation of redress of damage in its factual amount. This is a crucial issue in the 1 39 l context of compensations in the event of expropriations, as stipulated in the MoRPA, where in principle the compensation refers exclusively to damnurn emergens (i.e. without future incomes, which are lost, because of the damage) The possibility of overcoming of this discrepancy between both groups of provisions would have to lead to use of indirect forms of granting the assistance (not recognized as compensation) set forth above in the 3.1.4.1. (b) the issue of the land preparation to levels similar to expropriated land cost. Similar to the remarks to the sub-point (a) above, also in relation to this category of consideration, on the "voluntarily" expropriation stage, by reference to contracting freedom deriving from the Civil Code, there is a possibility to establish consideration for real estate on the level of the World Bank Policies. On the stage of involuntary expropriation, in principle there is no possibility to finance this kind of consideration, as the compensation for expropriated real properties should be equal the value of real estate/ proprietary right being subject to expropriation. On the other hand, taking into account provisions of the Article 21 section 2 Polish Constitution, which use the notion of "fair" compensation and which may be an autonomous (having superiority in case of divergence with other domestic legal acts) base for claims, one may assume, that in situations of difference between the value of the land affected by expropriation and the land received as the compensation, the principle of fair compensation should lead to assuming this higher level of - compensation (regardless if it is in cash payment or by alternative real estate). (c) The issue of the date relevant for establishing the value of real estate for calculating compensation purposes. One can overcome the presented difference on the stage of "voluntary expropriation" according to the remarks presented in sub-point (a) above. 40 On the stage of "involuntary" expropriation, without prejudice to the problem of interpretation of "pre-project or pre-displacement" dates, on the basis of applicable Polish law, there is no direct way to overcome the difference in aspect of assuming the different than stipulated in 3 MoRPA date for assessing the value of the real estate. 3 Possible disadvantage being the result of assuming different date of establishing the value of expropriated assets, that the one, that would have been assumed according to the World Bank 3 regulations one may attempt to overcome by indirect method i.e., namely by additional compensation as discussed in point 3.1.4.1. above. (d) The issue of registration and transfer taxes as part of the compensation. Assuming that definition of "registration and transfer taxes" encompasses also income taxes, | there is a chance of discrepancy between Polish law and the World Bank Policies, as in light of Polish tax law compensation received for expropriated assets (in some situations) is subject to the 3 income tax. Indirect way of compensating this cost to the taxpayer one may search on the stage of "voluntary" expropriation, by way of including this costs in the in the consideration for 3 expropriation. On the "involuntary" expropriation stage in assessment of the authors of Analysis there is no opportunity to take this cost into account. In this context we would like to point out 3 the provisions of the Article 22 §1 point 1 of the Act on rulesfor taxation (ordynacja podatkowa) of ( August 29, 1997 Uournal of Law no 137, item 926, 1997), which reads: In circumstances justified by the public interest or taxpayers' important interest, the minister competent in matters 3 ofpublic finance through a regulation may waive entirely or in part the collection of taxes, specifying the type of tax, the period for which the waiv)er shall appy, and taxpayergroups to whom the waiver shall apply. In all of this situations, the public authorities (largo sense) which deal with expropriations and decide about the level of consideration to affected persons should take into account I constitutional rule of equality to the law as well as specified in the Act of Parliament on public finances the principles relating to management of public resources. In some cases (mainly in relation to business entities) the necessity may arise to analyze the problem of consideration provided to the affected persons in light of public aid law.. 41 .~~~~~~~~~~~~~~~~~~~~~~MMEEEMM In order to allow for application of the World Bank Policies provisions to designing and implementation of Project, in situations, when this regulations do not fully comply with Polish law provisions, we reconmmend introducing a reference to specific provisions of the World Bank Policies in the loan agreement between the Republic of Poland and the World Bank, with the description of legal mechanisms for implementation of those World Bank regulations on the basis of relevant Polish law. Yours faithfully, Grzybczyk Fuchs Kaluza KarniAski Attorneys at Law, Partnership 42 3 | Annex I to the Analysis Specific issues connected with expropriation l 1. Legal regulations concerning the closure of a cemetery located within the area for an intended reservoir and the designation of an alternative site for interments (who takes the decision and designates alternative sites). The analysis of issues concerning the closure of the cemetery and designation of an alternative area for interments has been based on the following legal acts: I./ Act dated January 31, 1959 on cemeteries and burying the dead (Journal of Law 2000, no. 23 item 3 295 with further amendments); 2./ Ordinance by the Ministers of Land Management and Environmental Protection Health and Social Care dated October 20, 1972 on establishing cemeteries, maintaining cemete registers and bu7ying the dead Journal of Law 1972 no. 47 item 299 with further amendments); 3./ Ordinance of the Minister of Municipal Management dated August 25, 1959 indicating which areas are suitable for cemeteries as regards sanitagy conditions Journal of Law 1959 no. 52 item 315); 4./ Act dated May 17, 1989 on the State's Relations with the Catholic Church in the Republic of Poland (Journal of Law 1989 no. 29 item 154 with further amendments); 5./ Concordat between the Holy See and the Republic of Poland dated July 28, 1993 Journal of I sLaw 1998 no. 51 item 318); I The Act on cemeteries and buying the dead differentiafes between municipal and church cemeteties. Establishment and extension of municipal cemeteries are the commune's own tasks. A decision in this matter is taken by a commune or town council (in towns with powiat (district) rights) after obtaining an approval of a relevant sanitary inspector. The commune or town council decides on the closure of a municipal cemetery after obtaining an opinion of the sanitary inspector. In relation to church cemeteries the Act referred to above reads that a decision on the establishment or extension of a church cemetery is left to church authorities. It may be done within the area designated for that purpose in the local master plan after obtaining an opinion of the sanitary inspector. A decision on closing a church cemetery is taken by church authorities after obtaining 3 an opinion of the sanitary inspector. _ 43 Pursuant to Art. 24 of the Concordat - "The Church has the right to erect, extend andpreserre sacred and church buildings and cemeteries - according to Polish law. A diocesan bishop or other proper ordinary bishop decides on the needfor the erection of a tem.,ple andfor the establishment of a cemeter. The erection of sacred and church buildings and the establishment of a cemetera are initiated by relevant church authorities after arranging the site with comtetent authorities and after obtaining necessary administrative decisions" A comparison of the Concordat provision quoted above with stipulations of the Act on the State's Relations with the Catholic Church in the Republic of Poland, particularly: * Art. 42 para. 1, according to which a site is designated in local master plans for church investments and catholic church cemeteries following the motion of a diocesan bishop or monasterg superiorr, and * Art. 42 para. 4, according to which diocesan bishops or monastery superiors decide on the sequence of church investments within the social and economic plans; - allow to assume that "the relevant church authority" in the meaning of the Act on cemeteries and burying the dead quoted above, responsible for a decision on the closure of a cemetery after obtaining an opinion of a competent sanitary inspector and for a decision on establishing a - cemetery after arranging the site with competent authorities and after obtaining necessary administrative decisions is a diocesan bishop. Although according to Art. 45 para. 1 of the Act on the State 's Relations with the Catholic Church in the Republic of Poland - parishes are entitled to have, manage, establish and extend graveyards (which would indicate a parish priest as a competent church authority), pursuant to para. 4 Art. 45 this .entitlement "does not infringe general regulations concerning cemeteries and burying of the dead, ipatialplanning andprotection offarm andforest landi", which means that the competence to issue a decision on the closure of a cemetery as well as on its establishment is left to the bishop. It does not exclude a possibility of transferring this competence to e.g. a parish priest by the bishop within the diocese's organizational structure. As regards a decision on the location the investor has to take actions to make competent church authorities actively participate in the process of closing a cemetery and take care of all relevant issues. In the case of changing the purpose of the cemetery site remains of bodies should be moved to another cemetery at the cost of a purchaser or new user. In the case of expropriation of a cemetery area costs of the exhumation and moving of bodies are covered by the purchaser of the area. When the area is being taken over (designated) for other purposes bodies are exhumed on 44 the basis of a decision of a proper sanitary inspector. The cemetery site may be used for other purposes provided all historic, archeological and artistic mementoes are preserved. The investor should apply to the Provincial Conservation Officer for approval to move them. Any actions in this scope should be also agreed with a commission working at the diocesan bishop whose tasks, according to Art. 25 of the Concordat, include the cooperation with "relevant state authonrties in order to preserve cultural assets of a nationwide character and archizval documents of historic and artistic value kept in church buildings" l 3 ( 2. Legal regulations concerning the exclusion of forest lands within the reservoir cup - from forest use and the exclusion of farm lands from agricultural use for alternative buildings when a local master plan does not exist. The analysis of legal regulations concerning the exclusion of forest lands within the reservoir cup from forest use and the exclusion of farm lands from agricultural use for alternative buildings | when a local master plan does not exist, has been based on the following legal acts: 3 | 1./ Act dated February 3, 1995 on protection offarm andforest lands Oournal of Law 2004 no. 121 item 1266); 2./ Act dated September 28, 1991 onforests Journal of Law 2000 no. 56 item 679 with further amendments); I 3./ Act dated October 19, 1991 on management of the State Treasuy's agricultural realproperties (Journal of Laws 2004 no. 208 item 2128); 1 4./ Act dated March 27, 2003 on spatialplanning and development aournal of Law 2003 no. 80 item 717 with further amendments). Taking into account the fact that the planned construction of a reservoir is a public purpose 3 investment of nationwide importance, the starting point for the analysis of the problem described above is Art. 50 para.1 of the Act on spatialplanning and development, according to which in the case | when there is no local master plan, an investment for public purposes is given a location on the basis of a decision on the location of the public purpose, hereinafter: a location decision. If the 3 location decision is treated as "replacing" a local master plan there seems to be grounds for the interpretation that the term of "a local master plan" wherever contained in legal acts (including l _ ~~~~~~~~~~~~~45 the ones mentioned above) also means a location decision for the needs of a specific case. In context of the exclusion of forest lands from forest use and farm lands from farm use one should point out that according to Art.53 para.4 item 6.) - a location decision is issued in agreement among other things with '"authoritiesproperfor issues concerning the protection offarm andforest lands and water meliorations - with reference to lands used for agricultural and forest purposes in the meaning of real regulations on management of real property" It means that proper authorities already know the investor's needs concerning the lands in connection with the execution of a public purpose investment, including the need for excluding certain areas from forest or farm use. According to Art. 7 para. 1 of the Act on protection offarm andforest lands - farm and forest lands are designated for non-agricultural and non-forest purposes in a local master plan (a location decision) in the mode specified in provisions on spatial planning and development. Designation for non-agricultural and non-forestpurposes of: 1) farm lands being I - III class arable lands, if their close area designed for such purpose exceeds 0.5 ha - requires an approval of the Minister ofAgriculture and Food Management; 2) forest lands owned by the State Treasury - requires an approval of the Minister of Environmental Protection, Natural Resources and Foresty or a person authori ed by him; 3) farm lands being IV class arable lands, if their close area designedfor such purpose exceeds I ha, 4) farm lands being V and VI arable lands, producedfrom soils of organic origin andpeat lands, if their close area designedfor such purpose exceeds 1 ha; 5) otherforest lands - requires the voivode's approval issued after obtaining an opinion of the agricultural chamber (Alt. Zpara.2) An apptoval mentioned in para. 2 items 1-5 is issued to the motion of the wo.t (mayor, town president). The wojit (mayor, town president) encloses an opinion of the director of the regional State Forests Administration with the motion concerning forest lands owned by the State Treasury and in relation to lands of national parks - a park director's opinion. The motion concerning lands referred to in para. 2 items I and 2 is enclosed with the opinion of a voivode who submnits the motion to the competent rnirister within 30 days from submission of the motion by the woyt (mayor, town president). Issues connected with the changing of the designation of lands are specified in details in Art. 1 1 of the Act on protection of farm and forest lands. The provision mentioned above lays down a requirement to obtain an approval for the exclusion of a specified category of arable lands from 46 production and forest lands intended for non-agricultural and non-forest purposes. Such an approval specifies obligations connected with the exclusion. The rule is that the approval for the exclusion of lands from production imposes a duty to pay annual charges (in relation to farm lands) and in relation to forest lands - single compensation in case of premature clearing of trees. With reference to this specific reservoir construction project one should point out at the regulation included in Art.13 of the Act on protection of farm and forest lands. Pursuant to this regulation: Para. 1. While excluding lands from production in order to construct water reservoirs fees and annual charges are fixedproportionally to the participation of-persons in using these reservoirs. Para. 2. If the water reservoirs referred to in para. 1 are to be used by the persons who utiliZe waterfor agricultural and forest production, for power generation in water power plants with installed capaciy not higher than 10 MW orfor fire protection. payments of aproportionalportion offees and annual charges is suspendedfor 10years. A proportional portion offees and annual charges is fxed appropriately to the participation of those persons, specified in the reservoir technical documentation, however inviolable flow determined in this documentation is included in the use of the reservoirfor agriculturalpurposes. A suspendedportion offees and annual charges is amortised after 10years. As far as issues concerning a new location of the cemetery (see item 1) are concerned one should point out at a possibility of amortizing all or part of fees and annual charges for farm lands and a compensation for premature clearing of trees in relation to forest lands, in the case of an investment for public purposes in the scope of education, culture, religious cult, health and social care if the investment serves a local community and if it concerns the extension or establishment of a cemetery, if the area subject to exclusion does not exceed 1 ha and there is no possibility of executing the investment in the land under no protection. As fat as farm lands are concerned the amortization is done by the marshal of a voivodeship and director of the regional State Forests Administration to the motion of an executive unit of territorial self-government (Art. 12 para. 16 of the Act on protection of farm and forest lands). l According to the provisions of the Act on farm and forest land, commencement of the 3 procedure connected with the changing of the purpose and exclusion of lands from farm and forest production requires a motion of the wo/t (mayor, town president). If executive bodies of a | commune do not show a will to cooperate in spite of the investor's motion and of a decision on the location, it is necessary to consider "alternative variants". Pursuant to Art. 87 of the Act on 3 commune self-government - Supervising bodies may step in the commune 's activiy only in the cases specified by laws. Such a case directly provided for in the act is, among other things, authorization of a 47 voivode to issue a decision on the location for a public purpose investment in the event when on such decision is issued by the wJzt, mayor or town president on the basis of the Art.51 para.2 of the Act on spatial planning and development. As regards the motion mentioned in Art. 7 of the Act on protection of farm and forest lands competence of supervision bodies is not exactly specified. The analysis of provisions in the Act on protection of farm and forest lands in combination with provisions of the Act on commune self-government concerning supervision over a conmmune's activity (Art.85 and subsequent articles) do not allow to assume the interpretation that it is acceptable to replace the motion of the wgt, mayor or town president Directly with the voivode's action. Supervision bodies may attempt to influence the commune's executive bodies by using other instruments provided for in the Act on commune self- government. In this context one may contemplate applying the regulation in Art. 88 pursuant to which: Supervision bodies have the nrght to demand necessary information and data on the commune's organi ation and operation and they may visit the commune administration and participate in meetings of the commune s authorities and in Art. 97 of the Act on commnune self-government: In case of little hope for quick improvement and lack of efficiengy in executing public tasks by the commune's authorities the President of the Council of Ministers, following the motion of the Minister of Internal Affairs and Administration, may suspend the commune authorities and appoint a receiver for the period of up to 2 years, however not longer than until the next receiver is elected by the council of the next term. A receiver may be appointed afterpriorpresentation of charges to the commune authorities and calling them to immediatey submit a programme for improvement, assuming that the issues concerning spatial order and land management are the commune's own tasks (art.7) and the existing location decision constituting a valid administrative act cannot be ignored by the commune. 3. Possibility to encumber the alternative (replacement) real estate with a mortgage for the benefit of the State Treasury in case of higher value of this property with reference to the expropriated real estate. The definition of mortgage is contained in the Article 65 of the Act of Parliament on land and mortgage register: 'To secure a specifted debt one can encumber the real estate with the right, hereby creditor can demand a satijtaction of his debts secured on the real property regardless of its ownership and with prioriy over personal creditors of the real estate owner (mortgage)" 48 The notion of the alternative (replacement) real estate is connected with exptopriation process. On the negotiations stage, according to the article 114 section of MoRPA, the owner, perpetual usufructuary or the person who has limited rights on property can be offered the alternative (replacement) real estate. In case, when negotiations do not end up with agreement the next stage would be involuntary expropriation. Within the framework of this procedure, subject to the article 116 sec. 1 of MoRPA, there is necessary to specify: I * the teplacement premises and the way to ensure them to the lessee of expropriated premises; * the replacement real estate, if the local authorities offer it. According to the Article 129 sec. 3 If within the scope of compensation, the replacement real estate wasgranted according to the adninistrative decision, 5 provides specification of the replacement real estate according to the land register and according to cadastre survey, its value and amount of additional payment. In case of differences between the amnount of compensation established in decision expropriation on and the value of the replacement real estate, the difference is compensated by additional payment (article 131 sec. 4). Additional payment is the only way allowed by law to balance the difference between: amount of compensation establish in decision on expropriation and the value of the replacement real estate. l l MoRPA provides with possibility to encumber the real estate with a mortgage in few situations | * Article 70 sec. 1 in relation to securing the payment of the purchase price of the real estate sold in non-tender way or in negotiation way, which are specified in article 37 sec. 2 f and 3 and article 39 sec. 2 of this Act, 3 | * Article 140 in relation to secure the return of the replacement real estate or compensation in case of the return of the expropriated real estate to former owner i 1 ~~~~~~~~~~~~49 an appeal to the administration court with reference the enforceability of the location decision In principle (article 61 par. 1 of the Procedure before Administrative Courts Act) lodging an appeal does not stop of the execution of the administration act, or other action to which the decision tefers to. Pursuant to article 61 par. 2 sec. 2 in case of lodging an appeal, the administrative authoriy that issued the decision may halt ex officzo or sfbject to the motion the execution in whole or in part, _ unless the conditions for awarding the immediate execution clause occur or in sztuation, when the specific law preclude from halting the execution. The issue of halting the execution of the decision has been referred to the discretional recognition of the administrative authority. The party dissatisfied with t the refusal of halting the execution of an act or other action may submit the case to the court for re-exainmation. The court after receiving such appeal, pursuant to the article 61 par. 3 of the Act on procedure before _ administrative courts - may subject to the motion of the party issue the decision on halting the execution of the act or other action in whole or in part. The decision of the court may then be appealed to the Supreme Administration Court. With respect to above it has to be stressed, that lodging an appeal to the Provincial Court of Administration does not halt the execution of the location decision, even in situation if it did not have the clause of immediate execution pursuant to the article 108 of the APC _ possibility of appealing against the decisions of the court to the NSA The Provincial Court of Administration may either: 1) repeal the decision in whole or in part, if: a) there was the breach of the material law, that has influenced the verdict b) there was the breach of the law, providing legal grounds for resuming the administrative _ proceeding c) there was other breach of the law, if that had substantial effect on the case - or 2) declare its invalidity of the decision in whole or in part, in situations listed in article 156 APC or - 58 l 3) declare, that the decision had been issued illegally, in situations provided by APC or in other relevant regulations of law. The court may also revoke the appeal. An appeal is revoked if the court declares that there was no breach of law by the administration authority. The consequence of two-instance model of administration proceeding is, pursuant to the article 1 152 of the Act on Procedure before Administrative Courts obligation of establishing in the court's verdict, if and to what extent an act or other action being subject of the appeal can not be executed. II With respect to the above it has to be pointed out, that in case of accepting the appeal, the administration court is obliged to establish in the verdict if and to what extent the enforceability of the location decision will be stopped. * proceeding before the Supreme Administration Court The ruling of the Provincial Administrative Court may be referred to the Supreme Administration Court (court of II instance) for cassation. Pursuant to Art. 153 of the Act on Procedure before Administrative Court Act legal evaluation and indications as to further procedure expressed in the court's decision bind in this case the court and the authority whose activity or inactivity was a subject of the appeal. In the event of lodging a cassation appeal against the ruling of the Provincial Administrative Court, the case is adjudicated by the Supreme Adrninistration Court. The Court's award is final and binding. A cassation appeal is brought to the court which issued an appealed ruling or decision within 30 days starting from the delivery of a copy of the ruling with justification to the party (Art. 177 para 1 of the Act). Art 61 of the Act is applicable to the execution of the appealed decision. The cassation may be based on the following: I 1) breach of the material law, by its improper interpretation of misuse 2) breach of the procedure, if it could have a substantial influence on the result of the case. * With reference to halting the execution of the appealed decision, the article 61 of the Act on * Procedure before Administratiion Courts is mutatis mutandis applied, which means, that the execution l 59 3 of the location decision may be stopped by the administration authority, that had issued this decision (Silesian Voivode) ex officio ot on motion. In case of acceptance of the cassation the Supreme Administration Court repeals the decision In whole or in part and refers the case to the court that issued the decision subject to its re- examination. In situation, when the procedure had been observed and only the breach of the material law had been adjudicated, the Supreme Administration Court may repeal the decision and award its own decision based on the circumstances. The cassation is revoked, if there are no legal grounds to accept it or if despite incorrect justification it is legally proper. 7. Clarification of the issue whether there is an obligation to pay compensation to entities having at their disposal buildings which were erected against valid regulations (e.g. a house erected without a construction permit). A thorough analysis would be required to evaluate whether a building was erected against or with violation of the law valid within the time of its erection, especially the Building Law, taking into account changes to the law in time. It would be necessary to establish a critical date since when an evaluation of legality and compliance of the construction process covering the erection of a building would be carried out. The Act on Management of Real Property which partly regulates the expropriation process and issues of compensation does not include provisions which would make a valuation of the real property to be expropriated and payment of compensation conditional on the evaluation of legality and observance of the Building Law provisions and specific provisions while developing the land property. Taking into account the fact that according to the Building Law inspection and supervision over construction processes is carried out by such authorities as a powiat construction site inspector it seems justified to assume that during the expropriation process RZGW is not entitled to step in the statutory competences of other institutions and public administration bodies. Taking a different position would in consequence lead to the "necessity" of considering by RZGW of other legal aspects concerning the use of real property eg. with reference to persons who do not pay real property tax. 60 | ' --Appendix C - Property evaluation and cost estimates 1 1. Collection of stocktaking data concerning property that is to be affected by the investment l 2. Analysis and description of practice applied in appraisal, purchase and expropriation of real estates. l 3. Cost estimate - Compensations. 4. Identification of all cultural goods and development of proper handling procedure, l determination of relevant impact and elaboration of their protection plan. ( I I l l I I lU RAPdrukl 305/May-O5 ~IIIIIII_ I I I I 1 I I I I I I I I l Appendix C, part 1 COLLECTION OF STOCKTAKING DATA CONCERNING PROPERTY THAT IS | .......... TO BE AFFECTED BY THE INVESTMENT CONTENTS OF THE ELABORATION: I.Materials used.p. 2 2.General information ... p. 3 3.Land development ... p. 4 4.Real estates found within the planned reservoir area ... p.5 4.1 Lands ... p. 5 3 4.2 Residential buildings and adjoining objects ... p. 7 4.2.1 Residential buildings .. . p. 7 4.2.2.Farm buildings ... p. 8 4.2.3.Specialized livestock buildings . ...p. 9 | 4.2.4. Garages ....p. 9 4.2.5. List of sold real estates ... p.9 3 4.3 Public and public utility buildings ... p. 14 4.3.1. Objects in Nieboczowy ... p. 14 5 4.3.2 Objects in Ligota Tworkowska .. . p. 17 4.4 Objects of cultural value ... p. 18 3 4.4.1. Objects inNieboczowy ... p. 18 4.4.2. Objects in Ligota Tworkowska ... p. 23 | 4.5 Service-shopping buildings ... p. 25 4.5.1. Units of service-shopping functions found in Nieboczowy ... p. 25 | 4.5.2 Units of service-shopping functions found in Ligota Tworkowska ... p. 28 4.6 Infrastructure and communal services ... p. 29 Il if I Ul 11 Appendix C, part 1 LMATERIALS USED This elaboration constitutes collection of stocktaking data concerning property that is to be affected by the investment project that provides for construction of the flood control reservoir. The main source of the information that was used in the materials, which constituted the grounds for elaboration of this document, were results of the 1998 questionnaire study that was conducted by the Centrum Badani Spolecznych (Center of Social Studies), Katowice, repeated study of 2002 and results of the 2002 population census and agricultural census. Data collected from the following materials and documents were used first of all in this elaboration: 1. Materials for determination of a location of the public benefit investment project - Zaklad Uslug i Rob6t Wodnych Sp. z o.o. - elaborated by Eng. Stanislaw Staniszewski, M.S., May 2004. 2. Decision by the Head of Silesian Province, Ref. No. Nr PR - AB. II/ID/7111/93/04, dated 05.07.2004, concerning location of the flood control reservoir RACIBORZ on Odra River. They were edited to bring in more details by their supplementing with information collected from the current elaborations and studies, such as: 3. Study of conditions and directions of communal planning - Gmina Lubomia - conditions of cultural environment in the Commune. 4. Study of conditions and directions of communal planning - Gmina Lubomia - conditions of natural environment in the Commune, and evaluation of the flood hazard. 5. Study of conditions and directions of communal planning - Gmina Lubomia - establishment of the study - Development objectives and directions of communal planning. 6. Social - Economic Report: Final Report - Anex VI, Part 1: Jacobs Gibb Polska Sp. z o.o. -Authors: Leszek Gruszczyfiski, Adam Bartoszek, Krzysztof Standler. 7. Social - Economic Report: Final Report - Anex VI, Part 3: Jacobs Gibb Polska Sp. z o.o. Team Manager Laurence Attewill, Stanislaw Naprawa - author Paul Devitt 8. Estimated Impact Statement - Przedsiebiorstwo Consultingowo - Handlowe GAJA s. c., Gliwice 05.11.1998 - Joanna Fa4ckowiak Wloszyn, 9. List of the real estates purchased by the Regional Water Management Board in Gliwice. 10. Information from Zaklad Wodociag6w Kanalizacyjnych Lubomia (Waterworks and Sewage Company, Lubomia) (Memo of the telephone contact of 05.11.2004 - H. Okont). 11. Information from Powiatowy Zarzaqd Dr6g Wodzislaw Slaski (County Road Management, Wodzislaw Sl4ski) with its seat in Syrynia, letter dated 26.10.2004, ref. No. PZ-5540/3005/85/2004. 12. Information from GZE Wodzislaw Slaski (Upper Silesia Power Distribution Company, Wodzislaw Slaqski), letter dated 25.10.2004, reg. No. GZE/MSP/SK/9823/04. 13. Site visit of 20.10.2004. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 2 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 2.GENERAL INFORMATION | Construction of the flood control reservoir Racib6rz Dolny within Odra River valley. This investment site is found within boundaries of the Silesian Province, between the State borders and the city of Racib6rz, area 2626.90 ha. I Its approximate location is presented in Appendix No. 1. Said area is located in two counties and four communes as follows: Table 1 Administration structure of lands designed for investments l County City/Commune Investment land area _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~ ~~~~~~Ha . Wodzislawski Lubomia 1065 40.6 Raciborski Racib6rz 612 23.3 Kornowac 37 1.4 3 Krzy2anowice 912 34.7 Source: Decision on determination of location of the flood control reservoir Racib6rz on Odra River in Silesian Province. Location selected for the reservoir is the Odra River valley from the road bridge Krzyzanowice - Buk6w ( km. 33.580 of Odra River ) to the division of waters in Racib6rz * (km. 46.300 of Odra River). Shape of the reservoir was chosen according to a rule that provides for the least collision with existing technical infrastructure found in that area. Side dams at the eastern and western sides are located in direct vicinity of railway embankments . Location plan of that area, scale 1: 10000, is presented on Fig. 2. Construction of the planned reservoir is to affect two villages populated by 240 families ( 176 households ), totaling to 704 people. The Racib6rz Reservoir would remain empty in the second stage of construction, save for periods of flood wave when it would be filled with water from a few or dozen or so days to a few weeks. In these conditions one would be able to proceed with land cultivation, though facing a risk of a loss of harvest resulting from flooding of the reservoir; residing in that area would not be feasible. In the third stage the reservoir will be filled permanently with water, and thus neither the cultivation of land nor the residing in that area will be possible.2 Thus it became necessary that residents living in the reservoir area are resettled. Polish regulations require that the State purchases lands/real estates found within the polder, to be delivered to the territorially competent Regional Water Management Board (RZGW) | (RZGW Gliwice in this case). The State must purchase all the lands and buildings found within the polder bowl / investment area. I 'Materials for determination of the public purpose investment: Zaklad Ustug i Rob6t Wodnych Sp. z o.o. 2 Social - Economic Report, Final Report - Anenx VI, Part 3: Jacobs Gibb Polska Sp. z o.o. 1 RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 3 CONCERN[NG PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 - Shed 1977 35 Bam 1958 91 Garage 1974 20 Fencing x 52,7 Sidewalks 1980-1997 30 armiand for farming _ _x 19940 V_egetation component x I 14 Ligota Tworkowska 06.2004 Residential building 1900 56_5 Farm building .. 1970 91 Farm building 1930 56 Barn 1930 32.2 Fencing x 42 Built-up land x 1250 ______ __ _ _Farmland for farmin 17593 __________ __ _ _Vegetation component x 1 15 igota Tworkowska 6.2004 Residential building 1930/1980 112.4 _ _ _ _Bamrn 1950 8 Fencing x 246 Well x 2 Land for building development x 143 Farmland for farming 6963 V__ egetation component I 1 16 Ligota Tworkowska 06.2004 Residential building 1930 113.1 Farm building.. 1950 75.9 Barn 1930 91.9 F encing c 55 Land for building development _ __143 Farmland for farming 11999 Vegetation component 1 17 Ligota Tworkowska 07.2004 Residential building 1907 74.5 _______________ ____-. . Farm building 1939 48.2 Silo _ _I Banm 1930 156.75 Fencing 111 Land for building development _ 750 Farmland for farming _ _x 57161 Vegetation component _ _I 18 Ligota Tworkowska 07.2004 Residential building 1925/1960 24.8 Farm building . 1900 76.3 Barn 1970 40 Shed 1 1950 50 Land for building development 11960x 650 Farmland for fanrming _~x 1 33362 Vegetation component _ I 1 Ligota Tworkowska 07.2004 esidenfia- buildng 19 50 l | _ Farm bu~~~~~ildin 1 80 841 RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 12 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 l 2.GENERAL INFORMATION 1 Construction of the flood control reservoir Racib6rz Dolny within Odra River valley. This investment site is found within boundaries of the Silesian Province, between the State borders and the city of Racib6rz, area 2626.90 ha. I Its approximate location is presented in Appendix No. 1. Said area is located in two counties and four communes as follows: " ~~~~~~~~~~~~~~~~~~~~~~Table 1 Administration structure of lands designed for investments County City/Commune Investment land area _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ ~~~~ ~ ~~~Ha. _ _ _ _ _ Wodzislawski Lubomia 1065 40.6 Raciborski Racib6rz 612 23.3 Kornowac 37 1.4 3 Krzyzanowice 912 34.7 Source: Decision on determination of location of the flood control reservoir Racib6rz on Odra River in Silesian Province. Location selected for the reservoir is the Odra River valley from the road bridge Krzyzanowice - Buk6w ( km. 33.580 of Odra River ) to the division of waters in Racib6rz * (km. 46.300 of Odra River). Shape of the reservoir was chosen according to a rule that provides for the least collision with existing technical infrastructure found in that area. Side l dams at the eastern and western sides are located in direct vicinity of railway embankments . Location plan of that area, scale 1: 10000, is presented on Fig. 2. J Construction of the planned reservoir is to affect two villages populated by 240 families ( 176 households ), totaling to 704 people. The Racib6rz Reservoir would remain empty in the second stage of construction, save for periods of flood wave when it would be filled with water from a few or dozen or so days to a few weeks. In these conditions one would be able to proceed with land cultivation. though facing a risk of a loss of harvest resulting from flooding of the reservoir; residing in that area would not be feasible. In the third stage the reservoir will be filled permanently with water, and thus neither the cultivation of land nor the residing in that area will be possible.2 Thus it became necessary that residents living in the reservoir area are resettled. Polish regulations require that the State purchases lands/real estates found within the polder, to be delivered to the territorially competent Regional Water Management Board (RZGW) (RZGW Gliwice in this case). The State must purchase all the lands and buildings found within the polder bowl / investment area. I l 3I 'Materials for determination of the public purpose investment: Zaklad Uslug i Rob6t Wodnych Sp. z o.o. 2 Social - Economic Report, Final Report - Anenx VI, Part 3: Jacobs Gibb Polska Sp. z o.o. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 3 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT l Appendix C, part 1 3. LAND DEVELOPMENT Areal extent of the planned reservoir bowl covers 2626.90 ha., with 1853.58 ha. of that constituting an agricultural land - 76 % of the reservoir area.3 Current use of the 2626.90 ha. area that is to be assigned to construction of the planned reservoir is presented in Table 2. Table 2 Use of land assigned to construction of the reservoir Use Area acc. to % share records (ha) Agricultural lands ( of that: 1853.58 70.56 Ploughlands 1483.5 56.47 Orchards 10.4 0.4 Meadows 323.64 12.32 Pastures 35.35 1.35 pastures for afforestation 1.05 0.04 Forests 147.51 5.62 Coppices 14 0.53 Waters of that: 184.56 7.03 stagnant waters (ponds, lakes) 124.99 4.76 flowing waters (rivers) 59.57 2.27 Ditches 24.84 0.95 Minerals / aggregate excavations 16.74 0.64 Transport areas of that: 53.39 2 ( Roads 52.57 2 other transport areas 0.82 0.03 Residential areas of that: 39.98 1.52 built-up areas 28.86 1.1 unbuilt areas 0.16 0.01 green areas 10.96 0.42 various areas 3.98 0.15 Waste land 292.3 11.13 total 2626.9 100 Source: Materials for determination of the public purpose investment: Zaklad Uslug i Rob6t Wodnych Sp. z o.o. 3Materials for determination of the public purpose investment: Zakiad Ushug i Rob6t Wodnych Sp. z o.o. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 4 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 l 4.REAL ESTATES FOUND WITHIN THE PLANNED RESERVOIR AREA Real estates that are affected by the investment can be broken down into the following six categories: Unbuilt real estates: - Ploughlands U Built-up real estates, including: - Residential buildings and adjoining objects; - Public and public utility buildings; J - Objects of cultural value; - Service-shopping buildings; - Infrastructure and communal services. 4.1 PLOUGHLANDS Area of the planned reservoir is 2626.90 ha. Detailed presentation of use of said land is shown in Table 2 - ,,Use of land assigned to construction of the reservoir" Agricultural lands 1853.58 ha. Forests 147.51 ha. Coppices 14 ha. Waters 184.56 ha. Ditches 24.84 ha. Minerals/aggregate excavations 16.74 ha. Transport areas 53.39 ha. Residential areas 39.98 ha. Waste land 292.3 ha. Total 2626.9 ha. Table 3 presents arable lands found within the investment area, broken down according to soil classes. I I l I RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 5 I CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT 1 Appendix C, part I Table 3 Arable lands according to soil classes Soil classes Ploughi- Orchard Meadow Pasture PsZ Total % Shlare land ClassI 0 0 0 0 0 0 0 Class II 44.27 0.4 50.95 7.14 0 102.76 5.54 CLASS III 0 0 194.09 1.57 0 195.66 10.56 CLASS Illa 620.45 0.25 0 0 0 620.7 33.49 CLASS ITb 619.01 8.51 0 0 0 627.52 33.85 TOTAL CLASS III 1239.46 8.76 194.09 1.57 0 1443.88 77.9 TOTAL I-ITT 1283.73 9.16 245.04 8.71 0 1546.64 83.44 CLASS IV 0 0 72.41 12.36 0 84.77 4.57 CLASSIVa 165.52 0.88 0 0 0 166.4 8.98 CLASSIVb 27.88 0 0 0 0 27.88 1.5 TOTAL CLASS IV 193.4 0.88 72.41 12.36 0 279.05 15.05 CLASS V 6.37 0 4.86 14.28 0 25.51 1.38 TOTAL IV-V 199.77 0.88 77.27 16.64 0 304.56 16.43 CLASS VI 0 0 1.33 0 1.05 2.38 0.13 TOTAL I - VI 1483.5 10.04 323.64 35.35 1.05 1853 100 Source: Materials for location of the public purpose investment: Zaktad Uslug i Rob6t Wodnych Sp. z o.o. List of built-up real estates found in villages Ligota Tworkowska and Nieboczowy, located within the reservoir bowl, number of buildings and their types are presented in the summary shown in Table No. 5. The summary was supplemented by the remaining real estates that were not covered earlier, and was edited to eliminate disparity with data of other sources that present summary of real estates found in that area. Table 5 Buildings broken down according to their types DESCRIPTION Ligota Nieboczowy Ligota | Nieboczowy Tworkowska Tworkowska * * Total number of inhabited 40 136 178, of that buildings, including farms 27 98 2 houses uninhabited Craft workshops 2 2 2 3 Wayside shrines 1 - 1 3 Grocery I 1 1 1 Fire brigade building 1 1 1 1 Village recreation room I - 1 Bakery - 1 l I Oar - 1 2 RACIBORZ FLOOD CONTROL RESERVOIR COLLECTION OF STOCKTAKING DATA 6 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 DESCRIPTION Ligota Nieboczowy Ligota Nieboczowy Tworkowska Tworkowska* 1 1 ~ Ca6- 1I Church - 1 Cemetery - 1 Recreational centers - 2 2 School - 1 Kindergarten - 1 1 Crosses 2 5 Gravel pit I l Poultry farm NO MENTION 1 Bread House run by Salvatorian Priests 1 Source: Materials for location of the public purpose investment: Zaklad Uslug i Rob6t Wodnych Sp. zo.o X **Social - Economic Report: Final Report - Annex VI, Part 1, 3 - Jacobs Gibb Polska Sp. z o.o. | Higher values are accepted hereinafter of reason of disparities found in the number of buildings and of reason of disparities concerning structure of the buildings. The agricultural lands and built-up real estates purchase action will be conducted J during period of preparation for construction and during period of construction itself. First lands and real estates owned by residents of Ligota Tworkowska and Nieboczowy, lands designed for use in construction of embankments and locations of production of the construction materials will be purchased. This is why it is necessary that data concerning property that is to be affected by the investment are collected4. 4.2 RESIDENTIAL BUILDINGS AND ADJOINING OBJECTS - cowsheds; - sheds; I - garages; - other buildings found in farms or locations of residence 4.2.1. Residential buildings; According to the available materials it can be determined that there are 178 residential buildings (two of them uninhabited) in the area affected by the investment ( villages Ligota Tworkowska and Nieboczowy ). The 1998 questionnaire study, that covered usable area of 168 houses, revealed that the total usable area was 23,881 M2. It is being thus assumed that area of an average residential building found in the villages subject to evaluation is 142 m2. Extrapolation of these data onto 178 buildings identifies the total usable area of 25,276 m25 Summary of age and numbers of residential buildings, broken down according to 3 erection years, is presented in Table 6. 3 "4Materials for location of the public purpose investment: Zaklad Uslug i Rob6t Wodnych Sp. zo.o. Social - Economic Report, Final Report - Annex VI, Part 1; Jacobs Gibb Polska Sp. z o.o. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 7 I CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT l Appendix C, part 1 Table 6 Summary of age and numbers of residential buildings Item Erection year of residential Number of buildings No. building 1. 2000-1991 5 2. 1990-1981 11 3. 1980-1971 13 4. 1970-1961 28 5. 1960-1951 32 6. 1950 - or earlier 89 Total 178 Source: Social - Economic Report: Final Report - Annex VI, Part 3: Jacobs Gibb Polska Sp. z o.o., questionnaire study of 1998. 4.2.2. Farm buildings Data of the 1998 questionnaire study, that covered 166 farmsteads, signal that an average usable area of a multi-function farm building is 195 m2. Total usable area of the multi-function farm buildings is 32,370 m2 approx.6 Summary of erection years, area of farm buildings and actual existence of such buildings at farmsteads is presented in Table 8. Table 8 Multi-function farm buildings Item Erection years of farn Farmsteads with such No. buildings buildings % Quantity 1. 2000-1991 3 5 2. 1990-1981 7,5 12 3. 1980-1971 10 17 4. 1970-1961 12 20 5. 1960-1951 13 22 6. 1950 - or earlier 54.5 90 Total 100% 166 Source: Social - Economic Report: Final Report - Annex VI, Part 1: Jacobs Gibb Polska Sp. z o.o. 6 Social - Economic Report, Final Report - Annex VI, Part 1; Jacobs Gibb Polska Sp. z o.o. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 8 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 4.2.3. Specialized livestock buildings t Livestock buildings designed for specialized stock-farming are scarce in the two villages. Their total area is 6900 m2 7 4.2.4. Garages | Existence of garage was declared by 46.4% of the questioned owners; this means that such an object is the case with 83 households. But the brick free-standing garage that constitutes a separate object is seen in 41 households. I Average usable area of a free-standing garage is 38 m2. 8 Summary of erection years, areas of garages and information concerning existence of such 3 garages in households is presented in Table 9. I Table 9 Free-standing garages l Item Households with garages No. ~Erection years lNo. % Quantity I . 2000-1991 24 10 2. 1990-1981 32 13 3. 1980-1971 29 12 4. 1970-1961 5 2 1 5. 1960-1951 10 4 Total 100% 41 Source: Social - Economic Report: Final Report - Annex VI, Part 1: Jacobs Gibb Polska Sp. Z o.o. 4.2.5. List of sold real estates 3 It should be noted that from 09.2003 to 09.2004 the Regional Water Management Board in Gliwice, Inspectorate in Racib6rz, purchased 26 real estates according to civil-legal agreements; precise list, composition and description of 24 of them is presented in Table 10. J 7 Social - Economic Report, Final Report - Annex VI, Part 1; Jacobs Gibb Polska Sp. z o0o. Social - Economic Report, Final Report - Annex VI, Part I; Jacobs Gibb Polska Sp. z o0o. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 9 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 Shed 1977 35 Bam 1958 91 Garage 1974 20 encing x 52,7 Sidewalks 1980-1997 30 . .___ _ ___Farmland for farming x 19940 Vegetation component x I 14 Ligota Tworkowska 06.2004 Residential building 1900 56.5 . arm building 1970 91 Farm building 1930 56 Bam 1930 32.2 Fencing x 42 uilt-up land x 1250 Farmland for farming 17593 Vegetation component I 1 15 Ligota Tworkowska 06.2004 Residential building 1930/1980 112.4 Barn 1950 86 . .____Fencing x 246 Well x 2 Land for building development 1439 Farmland for farming x 6963 _Vegetation component x_I 16 Ligota Tworkowska 06.2004 Residential building 1930 113.1 -__________ -_ _ Varm building 1950 75.9 Barn 1930 91.9 Fencing 55 ,and for building development x 1430 Farmland for farming x 1199 Vegetation component x _ 1 17 Ligota Tworkowska 07.2004 Residential building 1907 74.5 ._________ F__ arm building 1939 48.2 Silo x I Barn 1930 156.75 Fencing x III . .__ _ _ _ Land for building development x 750 Farmland for farming x 57161 V__ egetation component x I 18 LigotaTworkowska 07.2004 Residentialbuildirg 1925/1960 24.8 Farm building 1900 76.3 Barn 1970 40 Shed 1950 50 Land for building development 11960x 650 I_________ _ _Farmland for farming 33362 V egetation component I | 19 Ligota Tworkowska 07.2004 armlandforfarmin 8320 20 igotaTworkowsa 7.2004 esidential buildina 19 1 50- arm building 1890 184 RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 12 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 l F________________ _____ _8encing x 83 Sett pavements l yard) 42.7 l)ungstead + esspool xI .____________ L____ and for building development x 1482 _________________ F_______ armland for farming x 49205 I ____ ________________ Vegetation component x_1 21 Nieboczowy 08.2004 Residential building 1930/1980 112.8 Farm building z garage 1950 108.1 Fencing __x 19 Yard of concrete pavement x_ _ __ I armiand for farming _ 1700 Built-up land 1100 I Vegetation component x________ I________Vn 22 Nieboczowy 08.2004 Residential building 1930/1980 181.5 o _ ~~~~~~~~~~~~~~Farm building 1950 75.9 I _____ Garage attached to resid. buildin x 17.5 Well x_I 1 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Built-up land x 500 *_________________ _______ Farmland for farming 4792 Vegetation cononentI 1 | 23 Nieboczowy 7.2004 Residential building 1930/1997; 76.9 ________ _______ ______ Farm building . . -.1939 78.5 ________________ _______ am 195 66.8 _________________ _______ Farm building x _ 15,54 Well x I I *_______________ _______ Fencing x _ 114,9 _________________ B_______ uilt-up land x 675 Vegetation component x I 1 3 24 Ligota Tworkowska 609.2004 Residential building . 1930/1980 179.6 Farm building - Barn with a part adapted for use as cold store for llstorage of vegetables + cooling equip. 1955 71.6 lree-standing garage 55 l __________ _ l Fencing + gate x 185 l________________W ell 1x l ______________ l ____ _ Boiler house p _ 12 Film greenhouse, tunnel type __ lI Farmland for farming i 20401 Built-up land x 1230 Orchard +±Fencing __ l 3 | | Vegetation component X l According to the above-presented Table, from 09.2003 to 09.2004 the Regional Water Management Board in Gliwice, Inspectorate in Racib6rz, purchased 24 real estates I according to civil-legal agreements. Precise list and composition of 24 of them was presented; the purchase covered also 2 more real estates but no relevant data are available. Of the 24 purchased real estates: - 20 were purchased in Ligota Tworkowska; RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 13 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT I ,, , Appendix C, part 1 - 4 were purchased in Nieboczowy. Continued negotiations concerning purchase of real estates were taking place as of 02.11.2004, conducted with owners by the Regional Water Management Board in Gliwice. 4.3. PUBLIC AND PUBLIC UTILITY BUILDINGS 4.3.1. Objects in Nieboczowy PRIMARY SCHOOL AND KINDERGARTEN AT 20 RZECZNA STREET IN NIEBOCZOWY Owned by Communal Office of Commune Lubomia Fee-standing building, bungalow design ( School and kindergarten building, cubature 1750 m3 approx. Housekeeping - residential building, area 354 m2 Fencing: wire net in frames + wire net Primary school and kindergarten at 20 Rzeczna Street in Nieboczowy RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 14 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 | FIRE STATION OF VOLUNTARY FIRE BRIGADE at 42 Wiejska Street in Nieboczowy l Owned by Communal Office of Commune Lubomia - fire station, recreation room, library Fire station - storied building area - no data available cubature Q - 4,500m3s Fire station at Wiejska Street in Nieboczowy j k:~~~~~~~-J I I f 1 1 - -.i I i, ;' j * , i',' 9 Assessment Statement - Przeds. Consultingowo - handlowe GAJA s.c. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 15 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT I Appendix C, part 1 HOUSE OF BREAD, 1 NOWY DWOR STREET Foundation House of Bread run by Salvadorian Priests, 1 Nowy Dw6r Street Owned by Towarzystwo Boskiego Zbawienia ( Salvadorians ), Krakow, Sw. Jacka Street Storied, residential building with usable attic area 420 m2 approx. cubature 1400 m3 + auxiliary buildings area ok. 110 m2 cubature 380 m3 approx. House of Bread, Nowy Dw6r Street, Nieboczowy 4,~ ~ ~ I SPORT CLUB NIEBOCZOWY Sport club with football grounds and club building are found on the border of Nieboczowy. It is owned by LKS "Odra Nieboczowy" that organizes some 30 members. Football grounds occupy a land of 150 x 70 m approx. Club building, area 24 x 16 m, has cloakroom and showers. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 16 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 £ 4.3.2. Objects in Ligota Tworkowska FIRE STATION OF VOLUNTARY FIRE BRIGADE Fire station building of Voluntary Fire Brigade | Owned by Communal Office of Commune Lubomia Area - no data available Cubature 310 m3 Fire station in Ligota Tworkowska Area - no dat'aailbl 11~~~~~~~~~~~~~~ I' I' I | RECREATION ROOM Recreation room with lending library 3 Owned by Communal Office of Commune Lubomia Recreation room building, bungalow type, with usable attic and full basement | ~~Area - no data available Cubature 1350 m3 Housekeeping building at recreation room 3 RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 17 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT I111 1 11 11 Appendix C, part 1 4.4.1. Objects in Nieboczowy: CHURCH Church owned by the Roman-Catholic Parish - Joseph the Guardian's Church, erected during 1928 - 1931 (designed by J. Affa) - 68 Wiejska Street. 1.Church building area 345 m2, including tower cubature Q - 4200 m3 2.Parish building - bungalow type with attic area 160 m2 cubature 1900m3 approx. 3.Housekeeping building area 102 m2 4.garages, area 72 m2 total: 3, 4- Q 100Gm3 approx. Church fencing - concrete + wire net Church 68 Wiejska Street, Nieboczowy 4- RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 18 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 I CEMETERY 3 370 burials as follows: 30 earth graves 225 full terrazzo graves 70 terrazzo-frame graves 45 stone graves Cemetery fencing - concrete wall, height 150 cm10 approx. Cemetery in Nieboczowy 0 Asesmn Statement -PresCo uligw - hadlw GAAse R L C R V COLLECTI OF ST CAli l D 1 9 ICNHE l~~~~~~~~~~~~~~~~~~~~ I.~~~~~~~~~~~~~~~~~ IAIOZFODCNRLREEVI-OLCNO STC-TKN AA 1 IOCRIGPOET HTI O EAFCE YTEIVSMN I Appendix C, part 1 (. WAYSIDE SHRINES Cemetery shrine, Q 180 m3 approx. Wayside shrines a) two large shrines (dimensions 1.5 x 2 x 3 m and 2 x 3.5 x 3) b) one small shrine (dimensions 1 x 0.8 x 2) including: - Rzeczna Street: cubature Jan Nepomucen's shrine, of 1867. - Shrine at Rzeczna Street in Nieboczowy Shrine at Rzeczna Street in Nieboczowy R-ACIBOR-Z FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 20 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 CROSSES 3 5 crosses 4 stone crosses I wooden cross II Cross in Nieboczowy I sZ-- Crosses I 'J B -: KochanowskiegoIStreet |~~~~~~~ l I l Crosses I Brzeska Street / Kochanowskiego Street Kochanowskiego Street / Wiejska Street | ~~Kochanowskiego Street / Brzeska Street Wiejska Street / Kochanowskiego Street Wiejska Street - cross of 1877 at the Joseph the Worker's Church l Social-Economic Report: Final Report - Annex VI, Part 1: Jacobs Gibb Polska Sp. z o.o. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 21 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT l Appendix C, part 1 ( Cross of 1887 in Nieboczowy ~~~~~~~~~~~~~~~~~~- K *- - £U* q , ! a W[E; B t ' s ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 22 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT l Appendix C, part 1 4.4.2. Objects in Ligota Tworkowska I WAYSIDE SHRINE Erected in 1902. Area - no data available Cubature Q - 3 50 m3 approx. l Shrine of 1902 l l I zc~~ ~ ~ ~~~~. A Wi I -t *S'' RACIBORZ FLOOD CONTROL RESERVOIR' CO UCNHAH l~~~ I I * ~~~RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 23 - ~~~~CONCERtNING PROPERTY THAT lS TO EE AFFECTED BY THE TNVESTMENT Appendix C, part 1 CROSSES 2 wayside stone crosses with one of them of 1887. Cross of 1887 =~-~i ~~W~ a RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 24 CONCERN[NG PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 4.5. TRADE-SERVICE BUILDINGS This category includes: - caf6s, bars, - shops, - mechanical workshop, - hotel, m - recreational center, - plating shop, - piggery, - - chicken farm, etc. 4.5.1. Entities of service - trade functions found in Nieboczowy Grocery 3 craftsman shops Bakery Gravel pit Office building cubature Q - 648 m3 - Workshop with back-up facilities cubature Q - 1092 m3 _ Control room building cubature Q - 90 m3 - 2Bars Cafe, cubature 355 m3 approx. Owner: G. Cenalewska 2 recreational centers, including: The first one is the large tourist object. Recreational Center" Raj", with: Office building area 36 m2 cubature Q - 250 m3 _ 7 wooden holiday cottages area 51 m2 total 357 m2 cubature Q 121 m3 _ Total Q 847 m3 Large camping cottage area 135 m2 cubature Q 300 m3 Holiday cottages are well equipped: bathrooms lined with tiles, refrigerators, TVs. - Restaurant with equipped room area 500 m2 _ cubature Q 2500 m3 Auxiliary buildings - ( 4 stores, WCs, lifeguard box) - area 50 m2 RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 25 CONCERN[NG PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT APndix C, partI= 4.5,2 Entities of service - trade functios found i g l groceTY 3 Cubature 480 m Grocery Ligota TWorkOwska =~~~~~~~~~~~~~~~I m 4. .4 FLOOD pYSERVOIR COLLECTION xTOCETMGDT --- RC BORNCE LOIDI PR P Y T AT IS TO BE AFFECTED BYT EW E T E T CONCERNING PROPERTY TVI~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~( Appendix C, part 1 2 crafsman shops 3 Craftsman shop "GALWANEX " s.c. Owners: J. Szczepanek and A. Motyczko Chicken farm: Owners: K. and B. Burek Poultry processing plant composed of: I * Poultry collection building, * Slaughter house building, . Processing plant building I * Cold room . Boiler house I Grain drying plant composed of: . dying plant building, * store building. Hennery building, cubature Q 5,256 m3 Slaughter house building, cubature Q 12,080 m3 Store, cubature Q 2,256 m3 Garages, cubature Q 1,100 m3 12 I The chicken farm was purchased according to civil-legal contract by the Investor - the Regional Water Management Board in Gliwice, Inspectorate in Racib6rz - in December 2003 4.6. INFRASTRUCTURE AND PUBLIC SERVICES | POWER NETWORK LV and MV power networks are found within the planned reservoir area. * Information provided by the G6rnola4ski Zaklad Energetyczny S.A., Wodzislaw Sl1ski | . Transformer stations with LV network for supply of households and public utility objects are found within the planned reservoir area. They are the pole-mounted stations, with four of them located in Nieboczowy and one in Ligota Tworkowska. 20 kV line that supplies transformer stations is of a concrete-pole design and uses cable AFI 3 x 35mm2. List of transformer station and summary of the 20 kV power network are presented below: l 12 Assessment Statement - Przeds. Consultingowo - handlowe GAJA s.c. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 29 I CONCERNFNG PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT II Appendix C, part 1 f St. Transformer station Transformer [kVA] Branch length AFI Type of No. 3x35(m) station 862 Nieboczowy Szkola 160 270 STS 864 Nieboczowy Brzeska 75 810 STS 275 Nieboczowy Wies 100 480 STS 863 Nieboczowy 4 75 65 STS 273 Ligota Tworkowska 100 330 STS Total 4080 m 20 kV line relation Length of main Length of main Type of section AFI 3 x 35 section AFI 3 x 70 ( poles (m) m) par. 1 - par. 2 (according to MV diagram) 2400 network disconnect switch 350 - on disconnect switch 351 700 concrete poles, disconnect switch 88 - twisted disconnect switch 89 4400 design Total 3100 4400 m 6.8 km of LV power lines and 175 power supply connections are found in Nieboczowy, plus 5 km of lighting network suspended under the distribution network, and 175 street lighting fittings. 1.8 km of LV power lines and 50 power supply connections are found in Ligota Tworkowska, plus 1.6 km of lighting network suspended under the distribution network, and 45 street lighting fittings. ROADS The following two asphalt roads lead to Ligota Tworkowska and Nieboczowy: • from Buk6w side to Ligota Tworkowska, * from Lubomia side to Nieboczowy, and surfaced country road: * from Racib6rz to Nieboczowy. In addition a system of country roads lead to the reservoir area, designed first of all for faming machines, constituting access roads leading to farmed lands. Roads found within the planned Racib6rz flood control reservoir - information provided by Powiatowy Zarza4d Dr6g in Wodzislaw 4la_ski, with its seat in Syrynia. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 30 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 Area of road S 5252 within villages of Nieboczowy and Ligota Tworkowska is 29,168.1 m2. Said road includes also traffic signing valued at PLN 5858.51. In 2001 the road surface in Ligota Tworkowska was reconstructed for a total sum of PLN 142,794.10. WATER SUPPLY NETWORK The two villages are supplied with water through the water supply system. The Potable water intakes of Commune Lubomia are located in the reservoir embankment area. Memo of telephone contact (05.11.2004, 15.00 hrs.) with Mr. Henryk Okon, representative of the Waterworks and Sewerage Plant of Lubomia. Nieboczowy Commissioned in June 1991. Network - PVC 0 160 2136 m 0 110 3419 m 090 1521m Steel 0 150 23m 3 0 90 1301 m, commissioned after 1999 flood. Household connections PVC 0 50 930im 032 2072 m WELLS Well of 1990 Well of 2004 Inter-object network, 150 m, PVC 0 110 Sewerage system, 0 225, PVC 330 m Ligota Tworkowska 3 Commissioned in November 1991. Network - PVC 0 110 2349im 090 174m Connections: PVC; I 050 217m 0 32 865 m Galvanized: 0 25 120 m RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 31 CONCERNING PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Appendix C, part 1 Water intake for LUBOMIA within reservoir bowl Culvert under railway track 0 400 60 m Cast iron pipeline 0 200 150 m Steel pipeline 0 200 482 m Year 1983. Well + steel pipeline, 0 100 82 m Year 1991. 4 wells + steel pipeline, 0 150 324 m 0 100 424 m Year 2003. PVC pipeline, 0 225 85 m 0160 18 m Year 2004. 2 wells with one of them subject to upgrading. SEWAGE Household and farm sewage are collected in non-drainage septic tanks or illegally discharged into ditches or gullies. RACIBORZ FLOOD CONTROL RESERVOIR- COLLECTION OF STOCKTAKING DATA 32 CONCERN}NG PROPERTY THAT IS TO BE AFFECTED BY THE INVESTMENT Przedsandqbandorstwo Produkcyjno-Uslugowo-Handlowe POSIADAMY & inwestprojekt sp. z o.. CERTYFIKAT NUMER P 011 40-170 Katowice, ul. Brzozowa 13, tel (032)2589-330, 2035-898, tel/fax 2596-504 e-mail: infoAppuh-inwestProwekt.com.pI http://www.ppuh-inwestproiekt.com.pI Analysis and description of practice applied in appraisal, purchase and expropriation of real estates Elaborated by the team of the following bench: Eng. Katarzyna Wyczawska Eng. Ryszard Szymkiewicz, M.Sc. Eng. Leszek Krawczyk, M. Sc. I I I | ~~~~~~~~~Katowice, October 2004 I I I I I I_ Appendix C, part 2 Analysis and description of practice applied in appraisal, purchase and expropriation of real estates 1. Legal acts. The main legal acts of relation with purchase of land in public ends are as follows: Constitution of the Republic of Poland (Art. 21) and Real Estate Management Act of August 21, 1997 - hereinafter called the Act. There are also some supplementing legal acts that are listed below: - Land and Mortgage Registers Act of July 6, 1982 (final text: Journal of Law of 2001, No. 124, Item No. 1361, as amended); - Civil Code Act of April 23, 1964 (Journal of Law of May 18, 1964, No. 16, Item No. 93, as amended); - Code of Administrative Procedure Act; - Protection of Cultural Goods Act of February 15, 1962 (final text: Journal of Law of 1999, No. 98, Item No. 1150); - Town and Country Planning and Development Act of March 27, 2003 (Journal of Law of May 10, 2003, No. 80, Item No. 717); - Water Law Act of July 18, 2001 (Journal of Law of 2001, No. 115, Item No. 1229); - Act on Administrative Executive Proceedings of June 17, 1966; - Mining and Geological Law Act of February 4, 1994 (Journal of Law of 1994, No. 27, Item No. 96 as amended); - Decree by the Council of Ministers, dated September 21, 2004, on appraisal of real estates and elaboration of the appraisal statement (Journal of Law of September 22, 2004 , No. 207, item No. 2109) - hereinafter called the Decree; - Act on Protection of Crop and Forest Lands, dated February 3, 1995 (final text: Journal of Law of 2004, No. 121, Item No. 1266); - Forests Act of September 28, 1991 (final text: Journal of Law of 2000, No. 56, Item No. 679, as amended); - Act on Management of Agricultural Real Estates of the State Treasury, dated October 19, 1991 (final text: Journal of Law of 2004, No. 208, Item No. 2128). 2 Appendix C, part 2 2. Analysis and description of practices applied in appraisal of real estates. The main rules of appraisal are stipulated by the Real Estate Management Act Chapter IV Appraisal of Real Estates. Detailed rules are stipulated by Decree the Council of Ministers, dated September 21, 2004, on appraisal of real estates and elaboration of the appraisal statement. Re.kulations of instructing character are found in professional standards of the Real Estate Appraisers. 2.1. [Appraisal] Appraisal of real estate is the procedure that results in determination of the real estate value. This takes place according to calculation procedures applicable to specific approach, method and technique of appraisal. Said activities, starting from collection of required information from offices and courts, through visit to the real estate site, to elaboration of the appraisal statement, are conducted by the real estate expert. 2.2. [Determination of value] Appraisal of real estate serves the purpose of: 1) determination of market value; 2) determination of replacement value. Market value is determined for the real estates that are or can be subject to trading. Replacement value is determined for real estates that of reason of their current use or purpose are not or cannot be subject to market trading, and also when this is required by special regulations. Determination of value is conducted by real estate experts (art. 150, of the Act). 2.3. [Market value and replacement value] Market value of the real estate is its expected price feasible in the market, determined according to the actual transaction prices agreed when the following conditions were met: 1) parties of the agreement were independent of each other, were not acting in a forced situation and had firm intent to execute agreement; 2) enough time is allowed to facilitates proper presentation of the real estate in the market and negotiation of the terms of agreement. Replacement value of the real estate is equal to costs of replacement, with the wear and tear taken into account (art. 151, of the Act). 2.4. [Approaches to appraisal] Methods of determination of the value of real estate, constituting approaches to the real estate appraisal, depend on the assumed types of factors that affect value of the real estate. Real estates are appraised using the following approaches: comparative, income-based or cost-based one, or mixed approach that shows elements of the former ones (art. 152, of the Act). 2.5. [Comparative, income-based, cost-based approach] Comparative approach consists in determination of the value of real estate under assumption that said value matches the prices that were paid for similar real estates that were subject to trading in the market. Value of the real estate is corrected according to the features that make the real estate differ, combined with determination of the time-related variation of prices. Comparative approach is applied when prices of real estates similar to the one subject to appraisal are known. Income-based approach consists in determination of the value of real estate under assumption that its buyer is to pay the price that depends on the expected income the buyer is to get from the real estate. This method is applied to the real estates that generate or can generate income. Cost-based approach consists in determination of the value of real estate under assumption that the value matches the costs of replacement of the real estate, reduced by its wear and tear. With this type of approach one determines purchase cost of land and cost of replacement of its component parts (art. 153, of the Act). 1 3 111 1 Appendix C, part 2 2.6. [Rules of choice] Choice of the proper approach, method and technique is done by the real estate expert taking into account in particular the purpose of appraisal, type and location of real estate, function assigned to it in the local plan, degree of saturation with technical infrastructure, condition of its development and available data concerning prices of similar real estates (art. 154, of the Act). 2.7. [Data concerning real estates] Appraisal of real estates is combined with use of all the available data concerning real estates, found in particular in: 1) land and mortgage registers; 2) real estate register; 3) records of technical infrastructure; 4) valuation tables and valuation maps established according to art. 169; 5) local plans; 6) lists kept by fiscal offices; 7) agreements, judgments, decisions and other documents that constitute ground for recording of entry in land and mortgage registers, registers covered by the real estate register statement, and also excerpts from the appraisal statements filed with the real estate register. Data used in the appraisal statement, as discussed above, can be of a form of records and plans certified by the real estate expert (art. 155, of the Act). 2.8. [Appraisal statement] The real estate expert draws a written opinion on value of the real estate, presenting it in a form of appraisal statement (art. 156, of the Act). 2.9. [Data for the real estate register] The real estate experts deliver, with stipulations found under art. 175, par. 3, taken into account, to the agencies that keep the real estate register the excerpts of the appraisal statements they elaborate, presenting descriptions of real estates and their values, acting to that end within 3 months of the day when the documents are ready (art. 158, of the Act). 2.10. [Determination of the amount of compensation] Determination of the amount of compensation is based on market value of the real estate. Determination of market value of the real estate is done taking into account in particular type of the real estate, its location, _. method of its use, its purpose according to local plan, degree of saturation with technical infrastructure faciities, development condition and current prices agreed in trading of real estates. Market value of the real estate is determined according to the current method of use of the real estate, provided its purpose according to the local plan, coming in agreement with the purpose of expropriation, does not bring about increase of its value. If purpose of the real estate according to the local plan, coming in agreement with the purpose of expropriation, brings about an increase of the real estate market value, the actual market value is determined according to the alternative method of use resulting from said purpose (art. 134, of the Act). If type of the real estate prevents determination of its market value, because this type of real estates is not subject to trading, it is the replacement value of the real estate that is determined. Determination of replacement value requires that value of the land and value of its component parts are determined separately. Determination of the value of land is done according to stipulations found under art. 134. Determination of value of buildings or their parts, objects, technical infrastructure facilities and other facility items is based on their replacement cost, with the actual wear and tear taken into account (art. 135, of the Act, par. par. 1-4). 2.11. [Determination of the forest and wooded real estates value in expropriation ends] General rules that govern management of forest resources are stipulated by the Forests Act. Issues related to protection of lands, as applicable to appraisal, result from the Act on Protection of Agricultural and Forest lands. 4 Appendix C, part 2 Appraisal of the forest real estates can practically concern the following component parts: I a) forest land (without tree stand or as component part of the forest); b) tree stand (in calculation of compensation for destruction or loss, or as component part of the forest); J c) forest land complete with tree stand, first of all in context of sale of the real estate. Damages concerning forest land should take into account in particular its location, method of its use, its purpose according to local plan, degree of saturation with technical I infrastructure facilities, condition of development and current prices paid in trading of real estates. As a rule the comparative approach is the most credible one, provided data are available, concerning executed sale transactions of the forest real estates. I With no market sale transactions concerning forest lands their value is determined according to estimated rates (§ 18 of the Decree). Determination of the value of the forest tree stand or wooded area, where tree stand offers usable materials, consists in determination of the value of wood found in said tree stand. If the tree stand does not offer usable material, or if the value of wood that can be produced is lower than the cost of the forestry planting and cultivation, the determination concerns cost of forestry planting and tree stand cultivation till the day of expropriation (art. 135, par. 5). Determination of the value of tree-covered, bush-covered or forest real estates located within municipal investment area, made available to the public or assigned to relevant ends, constituting parks, decorative gardens, lawns or shelterwoods, requires market transactions, while with no market transaction available it is assumed that the value of real estate is a sum of the value of land and the value of trees, bushes and other plants found in that land, while: 1) in determination of the value of land it is assumed that value of 1 m2 of said lands is equal to 50% of the value of 1 m2 of land of a dominant purpose found in the adjoining lands; 2) in determination of the value of trees, bushes and other plants the cost of their planting and cultivation is determined till the day when their value is determined. Determination of the value of lands covered by the real estates that are discussed above, located off the municipal investment area, requires market transactions concerning the adjoining lands, while with no such market transaction available it is the land estimated-index | method that is applied. Determination of the value of tree-covered, bush-covered or forest real estates, that perform shelter, recreation or landscaping functions, requires that that said functions are taken into 3 account (§ 45 of the Decree). 2.12. [Determination of the value of compensation paid for expropriated long-term cultures] I Determination of the value of long-term culture plantations, consists in estimation of the plantation establishment costs and those of its cultivation till the first harvest, and value of lost benefits from the day of expropriation till the final day of the full crop yield. The sum of | costs and value of the lost benefits is reduced by the sum of annual depreciation charges for the period when the plantation was used, from the first crop yield till the day of expropriation (art. 135, par. 6). 2.13. [Determination of the value of crops, cultivation and other annual harvests] Determination of the value of crops and other annual harvests requires estimation of the value of expected yield according to the prices paid in market trading, reduced by the value of input required in context of harvesting of said yield. * 5 IIIIII Appendix C, part 2 ( 2.14. [Determination of the value of damage suffered by real estate] Determination of the value of damage suffered by the real estate, as discussed under art. 128, par. 4, of the Act, the elements that are taken into account in particular are as follows: I) development condition of real estate as of the issuing date of the decision concerning, as the case may be, expropriation, use restrictions or permit for a temporary seizure of the real estate, and development condition of the real estate as of the day when activities justifying taking of said decision cease to be the case; 2) loss of benefits form the decision issuing day till the day when activities justifying taking of said decision cease to be the case. Development condition of a built-up real estate is construed as the purpose and method of use of the building objects, and their technical condition, and also features of said objects (in particular their overall dimensions, architectural form, location in reference to the building line, and intensity of land utilization). Determination of the value of real estates, that are discussed under art. 128, par. 4, of the Act, requires that the following factors are taken into account: 1) change of the conditions of use of the real estate; 2) change of usability of the real estate; 3) permanent restrictions concerning use of the real estate; 4) effects brought about by obligatory making-available of the real estate for performance of activities related to maintenance and fault clearing required by the lines, pipes and facility items that are discussed under art. 124, par. 1, of the Act. Value of the damage caused by the activities that are discussed under art. 124, par. 6, of the Act is determined after the damage is noticed (§ 43 of the Decree). 2.15. [Determination of the value of real estates recorded in the register of historical monuments] Determination, according to comparative method, of the value of real estates recorded in the register of historical monuments requires taking into account of: 1) tangible features and development potential of the real estate, resulting from findings of departments responsible for protection of historical monuments; 2) intangible features, including artistic and historical value, esthetics of the architectural form and unique character of the real estate; 3) transaction prices paid for similar real estates in the local, national or foreign market; 4) other circumstances related to historical character of the real estate. With income-based approach one takes into account income that can be generated by the real estate, and restrictions and costs resulting from necessary protection required in the line of conservation of historical monuments (§ 44 of the Decree). The cultural good as construed by the Act on Protection of Cultural Goods (art. 2), hereinafter called the APCG, is an object, movable or immovable, old or contemporary, being of importance for the heritage and cultural development of reason of its historical, scientific or artistic value. Legal protection is applicable to the following cultural goods called ,,historical monuments": 1. those registered in the register of historical monuments, 2. others, provided their character of historical monument is obvious, and provided they are not subject to protection according to other regulations (art. 4 of APCG). Materially the protection can be applied among others to cemeteries, buildings and their interiors complete with surrounding, and building complexes of architectural value, and also buildings of importance in terms of history (complete list can be found under art. 5). Establishment and development of communal cemeteries is one of the own tasks of the commune (art. l. 1, of the Act on Cemeteries and Funerals). 6 Appendix C, part 2 l Use of the cemetery area in other ends is allowed provided the tokens of historical, archeological or artistic value are preserved. Said tokens can be transferred to a proper place I according to a permit issued by the provincial conservator of historical monuments. If the cemetery or its part is recorded in the register of historical monuments the use of land in other ends requires consent of the minister of competence in the matters of culture and protection of * national heritage. (art. 4, par. 11, of the Act as above). A change of the purpose of cemetery area requires that remains of the corpses found in the area are transferred to another cemetery to the costs of land buyer or user (art. 7, par. 14, I of the Act as above) Exhumation of corpses and remains can be conducted among others according to decision issued by the competent sanitary inspector should the cemetery be assigned to use in other ends. In such a case the corpses and remains should be buried anew in another location. If cemetery land is expropriated the cost of exhumation and transfer is covered by the buyer of land (art. 15, par. 1, sub-par. 3, and, par. 2, of the Act as above). 2.16. [Determination of value of real estates located on mineral deposits] When value of real estates located on mineral deposits that are not component part of the real estate, as | discussed under art. 7, par. 1, of the Act of February 4, 1994 - Geological and Mining Law (Journal of Law No. 27, Item No. 96, as amended), is determined the appraisal does not take into account the value of the deposit (§ 46 of the Decree). 1. With real estates located on mineral deposits that constitute component parts of the real estate the value of real estate is determined with value of the deposit taken into account. 2. In comparative-approach one takes into account transaction prices paid for real estates | similar to the one subject to appraisal, located on mineral deposits, in particular deposits of the same type, featuring similar volume and geological structure. 3. When income method is applied in income-based approach the income generated by the I real estate is assessed as the amount equal to owner's share of profits generated by businessman in exploitation of deposit found in this type of real estate. 4. Determination of the value of real estate done for determination of the amount of payment for the right of possession of the real estate, which is needed in context of exploitation of the mineral deposit, requires that the value of real estate is determined according to its condition as of before exploitation of deposit, and according to expected condition of the real estate 3 after termination of exploitation, according to the prices as of the day when the appraisal statement is drawn. 5. Value of the real estate after termination of exploitation of the deposit is determined using 3 comparative or income-based approach, taking into account volume of the deposit left after termination of exploitation. Excavation reclamation costs are not taken into account in determination of the value of real estate. 6. Determination of the values discussed under par. par. 1-5 requires taking into account the establishments recorded in geological documentation of the deposit, deposit development design, mineral production license, study of conditions and directions of the communal land I development, and in the local land development plan, as well as data found in the deposit survey-geological documentation (§ 47 of the Decree). Starost, who proceeds with implementation of the task covered by the scope of competence of the State administration, is free to take decision that decides restrictions concerning method of use of the real estate, issuing to that end a permit that allows conducting of activity that consists in prospecting, surveying or production of deposits, which constitute property of the X State Treasury, for a period of up to 12 months, if the owner or user benefiting from perpetual usufruct refuses relevant consent (art. 125, of the Act). l 7 I Appendix C, part 2 2.17. [Determination of the value of real estate for deciding of the church property matters] In determination of the value of real estates for deciding of property matters of the church legal persons and religious unions, which have their relations with the State put in order, the regulations found under art. 128, par. par. 1 and 2, and art. 134, par. par. 1 and 2, of the Act are applied accordingly. When value of the real estate is determined to decide compensation the condition of the real estate is assumed as of the day when the church legal person loses its property rights, while the applicable prices and purpose of the real estate are determined as of the day when the compensation is determined (§ 52 of the Decree). 2.18. [Appraisal methods applicable to lands that constitute resources of the State Treasury agricultural property, governed by regulations of the law] Rules applicable to appraisal of lands that constitute resource of the State Treasury agricultural property can be found in: the Act on Management of the State Treasury Agricultural Property and decree by Minister of State Treasury on determination of detailed procedure applicable to sale of real estates and their component parts, conditions to govern spreading of payments into installments, land estimated appraisal rate and tender process conducting procedure. According to regulations the appraisal is based on market prices. It is allowed alternatively that the lands are appraised by multiplication of the land estimated appraisal rate by price of one quintal of rye determined according to the farming tax regulations. The starting criterion that governs deciding of the estimated appraisal rate to be applied in appraisal of lands under waters is the characteristic of the waters, which decides their being fit or not fit for fish breeding or farming. The estimated appraisal rate applicable to lands under lakes of a character of stagnant waters, fit for fish breeding or farming, is assumed according to class of land under said waters in given tax area. With no such classification it is the estimated rate applicable to class IV grasslands that is applied. Value of land is increased by the value of facilities. The estimated rate applicable to appraisal of lands under fish ponds is assumed according to class of lands in given tax area. With no such classification it is the estimated rate applicable to class I grasslands that is applied. Value of land is increased by the value of facilities. With waters not fit for fish breeding or farming, and with natural and artificial water courses recognized as the particular water melioration facilities, and also with the waste waters the appraisal of lands under such waters is based on 50% of the estimated appraisal rate applicable to class IV grassland in given tax area. 8 Appendix C, part 2 U> 3. Analysis and description of practices applied in purchase of real estates. As construed by the Act the purchase of real estate is the purchase of the property right J or perpetual usufruct right according to any act of law. Purchase of real estate can result from various acts of civil-legal nature. The real estate purchase method that is applied most frequently consists in delivery of declarations of will by two parties, i.e. legal act in a forrn of I agreement. In this case the ownership is assigned onto buyer resulting from the fact of execution of the valid agreement that must be drawn in a form of notarial deed under the clause of nullity. I Commune not only sells but also buys real estates. Basically this takes a form of execution of a civil-legal agreement with owner of the real estate. But if premises that govern expropriation of real estate are the case - given real estate is located in areas assigned in the local plans to use in public ends (art. 112, par. 1, of the Act) - the real estate can be made become the communal property in an administrative decision, i.e. its ownership is removed from the owner in a compulsory way. But it is only when the plan is finally adopted that the expropriation activities can be started. Starost is obliged to precede the expropriation procedure by negotiations held with entities that hold real rights attached to the real estates (parties to the proceeding), concerning purchase of the real estate through the civil-legal agreement, in the line of freedom of execution of agreements the remains with both the parties (art. 114, par. 1, of the Act). Agency that conducts negotiations is also free to offer a replacement real estate. Negotiations with the owner (or entity that holds the perpetual usufruct rights) are conducted by the entity that is to implement given investment: 5 * executive agency of the commune (county or province) or the local-government structural unit in operation within said agency, entrusted with the investment implementation tasks; if * Starost of the State structural unit acting according to his or her authorization - if the investment is to be implemented by the State Treasury; * natural person or representative of the company that is to implement given investment. J If negotiations result in a situation where owner (or entity holding the perpetual usufruct right) consents to compulsory purchase of the real estate the relevant action takes place according to the conditions agreed by the parties in the agreement. If conditions stipulated by I the agreement are not complied with the parties are free to vindicate their rights at the civil court. Negotiations concerning execution of agreement are not allowed to last infinitely. If the real estate owner refuses consent to the conditiohs offered by way of agreement within the I time limits specified in the offer, or if investor refuses acceptance of the conditions offered by the owner a protocol or other document is drawn to record actions and positions of both the parties. I Thus it is only after ineffective negotiations held by the parties that the Starost institutes the expropriation proceedings: * ex officio, if the real estate is to become property of the State Treasury, or * * to request of the communal, county or provincial executive agency, if the real estate is to become property of commune, county or provincial local government (relevant request must be appended among others with the documents of the conducted * negotiations) (art. 1 15, par. 1, of the Act). Even before the expropriation proceedings are started the Starost must always check to see if the negotiations were conducted properly, and offer the entity that is to be expropriated an J additional two-month term for execution of the real estate sale agreement. However if the Starost recognizes the request as the one that fails to justify instituting of the expropriation proceedings, he or she does not offer to the real estate owner the time for execution of the sale agreement but instead issues decision that refuses instituting of the expropriation l 9 Appendix C, part 2 proceedings. If the Starost finds that the request or its appendices show shortages of the form (for instance miss documents of the negotiations), he or she demands that the applicant that filed the request (i.e. for instance executive agency of the commune) clears the shortages within seven days under the clause of leaving the request without examination (art. 64, § 2, of the Code of Administrative Procedure). With an ineffective lapse of the two-month term allowed for execution of the agreement the expropriation proceedings become the fact. 4. Analysis and description of practice applied in expropriation of real estates. 4.1. Expropriations of real estates. The main premises that govern expropriation are found in the Constitution of the Republic of Poland, under art. 21, par. 2, allowing expropriation solely in a situation where this takes place in public ends and according to a just compensation. Expropriations of real estates are governed by the Real Estate Management Act' of August 21, 1997, hereinafter called the Act. 4.1.2. [Premises; concept; competencel Expropriation of real estate can concern solely the real estate that is located in an area assigned in the local plan to use in public ends (art. 112, par. 1, of the Act). This applies to the areas that are reserved for the public purpose, as required according to the Town and Country Planning and Development Act of March 27, 2032. Expropriation of real estate consists in revoking or abridgement, by way of decision, of the property right, right of perpetual usufruct or other real right attached to the real estate (art. 112, par. 2, of the Act). Expropriation makes an exception to the general civil-legal rules of assignment of ownership. Expropriation of real estate is not allowed to be conducted in a way other than revoking or abridgement of the rights attached to the real estate, while said rights are not allowed to be assumed by way of agreement (art. 1 12, par. 3, of the Act). The agency of competence in expropriation is the Starost who proceeds with the tasks of the scope of competence of the State administration (art. 1 12, par. 4, of the Act). 4.1.3. [Public ends] Under its art. 6 the Act presents catalogue of tasks implemented in the line of public ends. 4.1.4. [Entities] Expropriation can concern natural persons, legal persons and local government units (commune, county, provincial local government). Expropriation can be conducted exclusively to benefit of the State Treasury or local government unit, i.e. commune, county or provincial local government (art. 113, par. 1, of the Act). Thus the right revoked that way is assigned onto the State Treasury, commune, county or provincial local government, save for the personal servitudes (e.g. accommodation servitude) that expire resulting from expropriation. Real estate that constitutes property of the State Treasury cannot be expropriated. This does not concern the perpetual usufruct right or restricted real rights that burden the real estate (art. 113, par. 2, of the Act). Expropriation can cover the complete real estate or its part. If expropriation concerns a part of the real estate while the rest of the real estate is not fit for a proper use according to the current purpose, than if requested by owner of the real estate or holder of perpetual usufruct the rest of the real estate is bought by way of agreement for the State Treasury or the local government, depending on beneficiary of the expropriation (art. 113, par. 3, of the Act). I Journal of Law of 2000, No. 46, Item No. 543, as amended 2 Journal of Law of 2003, No. 80, Item No. 717. 10 Appendix C, part 2 l If the real estate fails to have its own land and mortgage register or set of documents, its expropriation is conducted based on other documents that identify rights to the real estate, and 3 data from the real estate register (art. 1 13, par. 4, of the Act). With real estates of indefinite legal status the expropriation is conducted according to data of the real estate register. The real estate of indefinite legal status is construed as the real estate J that prevents determination of people holding property rights, resulting from lack of land and mortgage register, set of documents or other documents (art. 1 13, par. 5 and 6, of the Act). 4.1.4. [Negotiations] The Act makes admissibility of institution of expropriation proceedings depend on a prior attempt of purchase of the real estate by way of agreement (art. 114, par. 1, of the Act). This concerns the civil-legal real estate sale agreement executed according to the rules and form stipulated by the Civil Code. Assignment, onto the State Treasury or commune, of ownership of the real estate required in implementation of the public project, taking place in a form of agreement, makes the expropriation proceedings become pointless. Institution of expropriation proceedings should be preceded by negotiations concerning assumption of the rights (ownership, perpetual usufruct or other real right), conducted by and between the Starost, who proceeds with implementation of the State administration tasks, and owner or beneficiary of perpetual usufruct rights, or also other person who holds restricted real right attached to the real estate. During negotiations a replacement real estate can be offered. With expropriation requested by a local government agency the above-mentioned negotiations are held by relevant executive agencies (art. 114, par. 1 and 2, of the Act). With the real estate of an indefinite legal status the Starost, who proceeds with implementation of the State administration tasks, announces publicly the intended expropriation, acting to that 5 end according to relevant customs in effect in particular location, and by publishing relevant announcement in the nationwide press. If within 2 months the above-mentioned announcement day the persons who hold the real rights attached to the real estate do not |' report themselves the expropriation process can be instituted (art. 114, par. 3 and 4, of the Act). 4.1.5. [Institution of proceedings] Institution of expropriation proceedings to benefit of the State Treasury takes place ex officio, while institution of the same to benefit of the local government agency - to request of its executive agency (art. 1 15, par. 1, of the Act). Institution of expropriation proceedings can take place after ineffective lapse of the two- 3| month term for execution of agreement, offered in writing by the Starost to the owner, holder of perpetual usufruct or other person holding restricted real right attached to the real estate. Flow of said period of time starts from the negotiations termination date (art. 1 15, par. 2, of | the Act). Consent to sale of the real estate by way of agreement can be delivered before the final decision is obtained (issued (art. 16 § 1 of the Code of Administrative Procedure). With purchase of real estate by the State Treasury or local governrment agency the expropriation I proceedings are discontinued as the pointless ones (art. 105 of the Code of Administrative Procedure). Institution of expropriation proceedings takes place when the parties are delivered relevant J notice, or on the day identified in the announcement of institution of expropriation proceedings, displayed at the county starost office, after lapse of 2 months (art. 115, par.3, of the Act). Refusal of institution of expropriation proceedings requested by a local government agency takes a form of decision (art. 115, par. 4, of the Act). Starost files with the court a request of recording of the fact of institution of expropriation proceedings in the land and mortgage register, while with the real estate of no such land and J mortgage register - the request of inclusion of the notice of institution of expropriation proceedings in the existing set of documents (art. 1 17, par. 1, of the Act). I I ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~11 I1 Appendix C, part 2 4.1.6. [Request of expropriation] Art. 116, of the Act specifies in detail the contents of the request of expropriation and its appendices. These requirements are of an obligatory character. 4.1.7. [Indefinite real estate status] With ineffective lapse of the two-month term allowed for identification of the persons who hold the real rights attached to the real estate the Starost, who proceeds with implementation of the State administration tasks, issues decision on assumption of ownership of the real estate by the State Treasury or the local government agency who applied for expropriation. Assumption of the ownership takes place on the day when the decision becomes final. Said decision is announced in a way specified under art. 49 of the Code of Administrative Procedure (art. 11 8a, par. par. 1 and 2, of the Act). 4.1.8. [Administrative Hearing] Administrative hearing is held by the Starost after institution of expropriation proceedings (art. 118, par. 1, of the Act). Regulation found under art. 118, par. 1, is not applied to the real estate of indefinite legal status (art. 1 8, par. 1 a, of the Act). 4.1.9. [Expropriation decision] Elements of the real estate expropriation decision are specified under art. 119, par. 1, of the Act and under art. 107, § 1, of the Code of Administrative Procedure. The decision should include: identification of the public administration agency, issuing date, identification of party or parties, legal ground, decision, facts-related and law-related reasons, signature combined with statement of name, surname and position of the person empowered to issue the decision. Decision that can be subject to bringing of an action to the common court of law, or to appeal at administrative court, should include instructions concerning admissibility of action of appeal (art. 107 § 1 of the Code of Administrative Procedure) 4.1.10. [Transfer of ownership; expiration of usufruct] Transfer of real right onto the State Treasury or local government unit takes place on the day when the real estate expropriation decision becomes final (art. 121, par. I and 2, of the Act), said decision constituting ground for recording of a record in the land and mortgage register (art. 123, of the Act). Decision of the Starost, who proceeds with implementation of the State administration tasks, taken in reference to expropriation of real estates that constitute property of the State Treasury, and on the matters of expropriations, compensations for expropriated real estates, and returns of said real estates, can be appealed by the party to the Head of Province (art. 9a, of the Act). The public administration agency is obliged to suspend implementation of the decision that is appealed at the administrative court (art. 9, of the Act). 4.2. Compensations for expropriation of real estate. Expropriation of real estate or other right takes place for a compensation offered to the expropriated person, matching the value of the expropriated real estate or value of relevant right (art. 128, par. 1, of the Act). Said compensation is decided by the Starost, who proceeds with implementation of the State administration tasks, in the real estate expropriation decision (art. 129, par. 1, of the Act). Determination of the amount of compensation takes place after delivery of an opinion of the property expert, defining value of the real estate (art. 130, par. 2, of the Act). Owner of real estate or holder of perpetual usufruct attached to the real estate can be offered in the line of the compensation, to his or her consent, a proper replacement real estate (art. 131, par. 1, of the Act). Payment of compensation takes place as one-time event within 14 days of the day when the expropriation decision becomes final (art. 132 , par. 1, of the Act). Regulations of the Civil Code are applied accordingly to effects of delayed or postponed payment of compensation (art. 132, par. 2, of the Act). According to art. 132, par. 3, of the Act the amount of compensation identified in the expropriation decision is subject to valorization as of the compensation payment day (according to index identified under art. 5 of the Act). 12 Appendix C, part 2 Compensation is paid to deposit at the court if: - entitled person refuses its acceptance or if obstacles difficult to overcome are faced I in effecting of payment; - expropriation compensation concerns real estate of indefinite legal status (art. 133, of the Act). J Determination of the amount of compensation is based on market value of the real estate (art. 134, of the Act). If type of the real estate prevents determnination of its market value because real estate like that are I not subject to trading, then the replacement value of the real estate is determined. Determiination of the real estate replacement value requires separate determination of the value of land and the value 3 of its component parts (art. 135, of the Act). 4.3. Returns of expropriated real estates. Expropriated real estate cannot be used in ends other than the ones defined in the expropriation decision, unless the former owner or successor of the former owner does not file request of return of the real estate (art. 136, par. 1, of the Act). With the intended use of the expropriated real estate or its part in ends other than those identified in the expropriation decision the competent agency notifies the owner or successor of the owner about the intent, complete with information about possible return of the expropriated real estate (art. 136, par. 2, of the Act). The competent agency 3 obliged to deliver required notice is the Starost in capacity of the body that represents the State Treasury, and the executive agency of commune, county and province, when the real estate is the property of commune, county and province, resp. - art. 4 pkt. 9 of the Act. If in context of matters 3 that are discussed in regulations found in Chapter III (covering regulations concerning expropriation and return of expropriated real estates) it is not possible to notify the parties about decision and other important transactions of the public administration agencies, of reason of lack of addresses of the parties, the regulations found under art. 49 Code of Administrative Procedure (art. 8 of the Act) are applied. The former owner or successor of the former owner is free to demand return of the | expropriated real estate or its part, if according to regulation found under art. 137 of the Act the real estate becomes useless in context of the purpose defined in the expropriation decision. Relevant request is addressed to the Starost, combined with notification of the competent 3 agency (art. 136, par. 3, of the Act). If request of return of the expropriated real estate or its part is not filed within 3 months of delivery date of the notice of potential return, the right to return of the real estate or its part expires (art. 135, par. 5, of the Act). | The claim that is discussed under art. 136, par. 3, is not the case, if the real estate was sold, or if perpetual usufruct was established on the real estate to benefit of a third party, and said right was recorded in the land and mortgage register, before the Real Estate Management Act I became effective (art. 229, of the Act). Forms of settlements applicable to return of expropriated real estate are discussed under art. 140 of the Act. Return of expropriated real estate, return of compensation, including also J replacement real estate, and settlements related to the return, and relevant time limits, are decided by the Starost by way of a decision (art. 142, of the Act). If return of compensation consists in return of the replacement real estate, than seen as the valorized compensation value I is the one that matches value of the real estate as of its return day. Costs of proceedings conducted in return of the expropriated real estate burden the State Treasury or the local 3 government agency, as the case may be (art. 140, par. 5 and 6, of the Act). I 1 13 Appendix C, part 2 5. Economic - organization circumstances. Expropriation makes a legal form where the State is able to assume rights attached to the real estate, remaining with other entity, for implementation of important public projects, and it comes in agreement with the Constitution of the Republic of Poland, that admits expropriation of real estates in public ends. Condition that governs expropriation, besides its being necessary in public ends, is an inability of purchase of the real estate by way of the civil-legal agreement. A rule was also assumed providing for a situation where expropriation can take place solely to benefit of the State Treasury or commune, while expropriation of the property of the State Treasury is not allowed. Benefiting from necessary prompt completion of the real estate expropriation procedure the owners of the real estates that are to be assigned to use in public ends demand sums that are multiples of the value of real estates identified in the property expert opinion. Understanding that without his or her real estate the implementation of the public project will be prevented in full or in part the owner refuses his or her consent to execution of the civil-legal agreement that specifies value of the real estate according to opinion of the property expert. Conducting of the expropriation proceedings by the Starost can become a long process of reason of the administrative procedure (appeal, complaint lodged at the Superior Administrative Court). Necessity and indispensable character of investments makes in turn the Startots become forced to pay for real estates much more than their actual value. Regulations concerning compensation for the expropriated real estates facilitate exercising of the constitutional right to compensation for expropriated real estate. A general rule was assumed, providing for a situation where compensation paid in expropriation of real estates must match value of said real estates. Determination of the compensation is based on market value of real estate, seen as the one that is best matched to the concept of fair compensation. A novelty found in this Act are the regulations concerning appraisal of real estate - its method and technique. Legislator introduced an obligation that provides for procurement of opinion of property expert before decision on compensation is issued. Regulations concerning return of expropriated real estates result from the duty of observance of the constitutional rule of protection of property right. In each case of expropriated real estate becoming not needed in public ends that served the grounds of its expropriation the former owner or successors of the former owner become free to demand its return. This facilitates consistent implementation of the rule that allows expropriation of real estate solely in public projects. Ant to facilitate proceedings related to this matter the criteria were decided, governing recognition of real estate as the ones not needed in given project. The central State administration agency of competence in the matters of the real estate management is President of the Office for Housing and Urban Development whose scope of competence covers among others determination of the rules of real estate management. Starosts (presidents of cities vested with the rights of county) were assigned competence (held till December 31, 1998 by heads of provinces) concerning management of the State Treasury real estates in the first instance, deciding of compensation and return of real estates that are not necessary in the ends that governed their expropriation. Conducting of relevant proceedings was entrusted to the Starosts as the State tasks ordered according to the Act. The proceedings are financed from the State budget in the line of annual subsidies planned for the counties. They are highly responsible tasks as the decisions concern to a significant degree the interests of the citizens. 14 I Appendix C, part 2 I 6. Conclusions. I Regulations of the Real Estate Management Act cover establishments concerning appraisal of the individual component parts that constitute the object of expropriation or restriction of real rights, and summation of their values. Regulations of the Act fail to decide I the procedure applicable to a situation where the subject of appraisal - real estates and private farms - covers usable waters (fish ponds) or remaining parts (machines and farming implements, basic herd) that are subject to liquidation even though expropriation concerns I just a part of the real estate. No procedure is defined either in reference to a situation where the real estate or farm loses its features of: a) location of employment and source of income; b) location where products and services are produced; c) location where folklore is cultivated or progress is implemented, or in reference to the consequences of the change of production profile. For many international institutions that finance investment projects it is highly 5 important that with compulsory purchase of lands and other real estates in public projects, and with resettlements, all the losses are appraised in a proper way and the proper compensation is paid. They want to a maximum feasible degree that each person, family or community is as j better off as before compulsory purchase of real estate or resettlement to the new locations. According to the Polish law the title of ownership of land or real estate vests in the owner the right to compensation for loss caused by the order of compulsory purchase. | Remaining people who might use said land or real estate, e.g. tenants, other families using a house belonging to 'holder of the fundamental rights', or employees of the employing institution, can lose house or a part, or even all, means of subsistence and still they do not |f qualify for compensation, even though they suffer some major economic loss or lose their accommodation resulting from implementation of the project. The World Bank expects that people whose quality of live and subsistence changes I resulting from resettlement, not entitled to-, or holding no title of ownership of the expropriated real estates, receive assistance within framework of the project. Compulsory purchase of land in public ends is governed by the Real Estate j Management Act of August 21, 1997. Said Act stipulates that: - the amount of compensation is to be determined according to conditions and value of the real estate subject to expropriation, as of the expropriation decision issuing date; J - amount of compensation is to be based on value of the real estate determined by the property expert. In practice, owners of the expropriated real estates can be offered in the line of U compensation, according to powers and wishes of the addressee of the offer: 1. Cash; 2. Cash and land for erection of a new house; I 3. Cash and farming lands; 4. Ready house complete with farming lands; 5. Ready house without farming lands. X Resettled people should be offered immediate and effective compensation of the loss of property that can be attributed to implementation of the investment project. Polish procedure applicable to appraisal of buildings and other real estates provides for I, taking into account of the loss of value according to a moving scale, depending on their age. According to elaboration - Annex VI, par. 6.4.4. - Operating Policy, an acceptance of the rules is suggested, providing for compensation of the full cost of replacement of building or * other real estates by new buildings or real estates constructed at new locations chosen by the 115 U' Appendix C, part 2 interested family, according to contemporary standards and with the size of the old buildings kept in place. And all types of the indirect costs, such as costs of transport, costs of lawyers' service, costs of brokers, etc., should be treated as items of the "replacement cost". Interpretation of the term 'replacement cost' should also take into account loss of the value of real estate attributable to 'negative planning effects' - concerning loss of value of real estates resulting from restrictions in effect in reference to modernization of houses and buildings and trading of real estates. The reservoir is yet to be constructed but the intent of its construction clearly affected the real estate values. These changes of prices should be taken into account in calculation of compensation for the interested people, should the payment of cash be effected. Resettled people should be offered: - assistance in the move required by resettlement; particular care is needed, in context of effects of the move, by elderly, handicapped or other people at risk, who currently live in a friendly environment of their relatives, friends and neighbors, and are of long-term links to the Church and its institutions, as they might lose the care and assistance they need when all the community is resettled; - residential building or lot for erection of such a building, or - as the case may be - farming lands, featuring such a combination of features, which determine their production potential, location benefits and other factors, that are equivalent to benefits of the old location, and - formal-legal assistance in purchase of new real estates or construction of replacement real estates. 16 I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Przedsiqbiorstwo Produkcyjno-Uslugowo-Handlowe I ^ . . WE ARE HOLDERS _inwestprojekt Sp. z O. O. OF ISO 9001 m CERTIFICATE f NUMBER P 011 40-170 Katowice, ul. Brzozowa 13, tel (032)2589-330, 2035-898, tel/fax 2596-504 e-mail: info(&Ippuh-inwestproiekt.com.pI http:l/www.ppuh-inwestprojekt.com.pl 3 1 FLOOD CONTROL RESERVOIR RACIBORZ DOLNY ON ODRA RIVER I Cost estimate - Compensations I l Elaborated by the following team: Eng. Katarzyna Wyczawska * Eng. Ryszard Szymkiewicz, M.S. Eng. Leszek Krawczyk, M.S. l l 3 Katowice, October 2004 l I Appendix C, part 3 Cost estimate - Compensations ( FLOOD CONTROL. RESERVOIR ON ODRA RIVER -COST ESTIMATION - COMPENSATIONS 2 Appendix C, part 3 1. Purpose of elaboration. * This elaboration was drawn to calculate, according to indices, the costs of compensations based on general data, without detailed stocktaking. 2. Grounds of elaboration. This elaboration is of a general character and thus it is not allowed that it is used in direct | negotiations concerning purchase of real estates. It does not constitute an estimate impact statement. 3 Data collected from the following documents were used in this document: - Study - Collection of stocktaking data concerning property that is to be affected by the | investment - elaborated by the PPUH Inwestprojekt. - Social - Economic Report: Final Report - Annex VI, Part 1: Jacobs Gibb Polska Sp. z o.o.- Team Manager Laurence Attewill, Stanislaw Naprawa, authors: Leszek I Gruszczynski, Adam Bartoszek, Krzysztof Standler. - Social - Economic Report: Final Report - Annex VI, Part 3: Jacobs Gibb Polska Sp. z o.o., Team Manager Laurence Attewill, Stanislaw Naprawa - author Paul Devitt. J - Estimate Impact Statement - Przedsiebiorstwo Consultingowo - Handlowe GAJA s. c., Gliwice 05.11.1998r. - Joanna Fackowiak Wloszyn, - List of real estates purchased by the Regional Water Management Board in Gliwice as X of 21.09.2004. - Bulleting ,,Prices of Building Objects", BCO, Parts I and II, 2nd half-year of 2004. 5 The main legal acts related to purchase of land in public ends are: Constitution of the Republic of Poland (Art. 21) and the Real Estate Management Act of August 21, 1997. 1F Il I l FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 3 Appendix C, part 3 3. Cost of buildings found in Nieboczowy and Ligota Tworkowska. It was found according to the collected materials that the purchase will concern following buildings: residential buildings, garages, farm buildings, livestock buildings and land development. 3.1. Cost of compensations for residential buildings. It was found according to the available materials that there were 178 residential buildings (two of them uninhabited) found in the area that is to be affected by the investment (villages Ligota Tworkowska and Nieboczowy). Their estimated total usable area is 25,276 M2. An average area of the residential building in the villages subject to evaluation is 142 M2. Percentages of residential buildings depending on their wear and tear, and their average usable area (m2) It. Years of residential No. of Total usable area, No. house construction houses wear and tear m2 1. 2000-1991 5 -10% 710 2. 1990-1981 11 -20% 1562 3. 1980-1971 13 -30% 1846 4. 1970-1961 28 -40% 3976 5. 1960-1951 32 -50% 4544 6. 1950 - or earlier 89 -60% 12638 Total 178 X 25276 Our calculations are based on the current unit replacement cost ,,k," of the object, assumed in line with the Order by Head of Silesian Province-on value of one calculation square meter of residential buildings in the 4th quarter of 2004 and the 1 st quarter of 2005, i.e. PLN 2505.00. The calculations presented in the following table result from this assumption. FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 4 I Appendix C, part 3 I! Purchase cost of residential buildings, with wear and tear, and average replacement cost I of lm2 of usable area taken into account Item Years of resid. % Total Average repl. Total repl. Total repl. cost No. building erection wear & tear usable area, cost cost with wear&tear m2 PLN/m2 taken into acc. 1 2000-1991 10% 710 2505,00 1778550,00 1600695,00 t 2 1990-1981 20% 1562 2505,00 3912810,00 3130248,00 3 1980-1971 30% 1846 2505,00 4624230,00 3236961,00 4 1970-1961 40% 3976 2505,00 9959880,00 5975928,00 l 5 1960-1951 50% 4544 2505,00 11382720,00 5691360,00 6 1950 or earlier 60% 12638 2505,00 31658190,00 12663276,00 25276 63316380,00 32298468,00 Replacement cost of the residential buildings, with wear and tear taken into account, is 3 PLN 32,298.468. 3.2. Costs of compensations for farm buildings. Total usable area of multi-function farm buildings is 32.370 m2 approx. | An average area of a farm building in the villages subject to evaluation is 195 m2. Farm buildings Item Years of farm Farms with such Total average No. building erection buil ings % area, | % Quantity wear and tear m2 I1. 2000-1991 3 5 -10% 975 2. 1990-1981 7,5 12 -20% 2,340 1 3. 1980-1971 10 17 -30% 3,315 4. 1970-1961 12 20 -40% 3,900 3 5. 1960-1951 13 22 -50% 4,290 6. 1950 - or earlier 54,5 90 -60% 17,550 Total 100% 166 X 32,370 m2 |UReplacement value was calculated - calculations were based on: Object No. 2311 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of the building usable area (m2 of usable area) - PLN 1146. I I ~~~~~FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMAT ION - COMPENSATIONS 5 I _ _ _ _ _ _ _ _ _ _ Appendix C, part 3 Purchase cost of farm buildings, with wear and tear, and average replacement cost of 1m2 of usable area taken into account Item Years of farm _ Total Average repl. Total repi. Total repl. cost No. building erection wear & tear usable area, cost cost with wear&tear m2 PLN/m2 taken into acc. 1 2000-1991 10% 975 1146 1117350,00 1005615,00 2 1990-1981 20% 2340 1146 2681640,00 2145312,00 3 1980-1971 30% 3315 1146 3798990,00 2659293,00 4 1970-1961 40% 3900 1146 4469400,00 2681640,00 5 1960-1951 50% 4290 1146 4916340,00 2458170,00 6 1950 or earlier 60% 17550 1146 20112300,00 8044920,00 32370 37096020,00 18994950,00 Replacement cost of the farm buildings, with wear and tear taken into account, is PLN 18,994,950. 3.3. Cost of compensations for livestock buildings. Livestock buildings designed for specialized stock-farming are scarce in the two villages. Their total area is 6900 m2. They were erected during 1965 - 1983, and thus it can be assumed that their average wear and tear is 30%. Replacement value was calculated - calculations were based on: Object No. 2311 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of the building usable area (m2 of usable area) - PLN 1146. Purchase cost of livestock buildings, with wear and tear, and average replacement cost of 1m2 of usable area taken into account It. % Total Average Total repl. Total repl. Cost No. wear & tear usable repl. Cost cost with wear & tear area, m2 PLN/m2 . taken into acc. 1 30% 6900 1146 7907400,00 5535180,00 Replacement cost of the livestock buildings, with wear and tear taken into account, is PLN 5,535,180. 3.4. Cost of compensations for garage buildings. Total area of these buildings is 1558 m2' Average usable are of a free-standing garage is 38 m2. FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 6 Appendix C, part 3 Garages Item Households with Total average No. Years or garage gar ges % usable area, m2 % Quantity wear and tear £ 1 . 2000-1991 24 10 -10% 380 2. 1990-1981 32 13 -20% 494 3. 1980-1971 29 12 -30% 456 1 4. 1970-1961 5 2 -40% 76 5. 1960-1951 10 4 -50% 152 Total 100% 41 X 1,558 m2 Replacement value was calculated - calculations were based on: I Object No. 2532 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of the building usable area (m2 of usable area) - PLN 1036. Purchase cost of garage buildings, with wear and tear, and average replacement cost of lm2 of usable area taken into account Item Years of garage % Total Average repi. Total repi. Total repl. cost No. building erection wear & tear usable area, cost cost with wear&tear m2 PLN/m2 taken into acc. 1 2000-1991 10% 380 1036 393680,00 354312,00 2 1990-1981 20% 494 1036 511784,00 409427,00 3 1980-1971 30% 456 1036 472416,00 330691,00 4 1970-1961 40% 76 1036 78736,00 47242,00 5 1960-1951 50% 152 1036 157472,00 78736,00 1558 1614088,00 1220408,00 3 Replacement cost of the garage buildings, with wear and tear taken into account, is PLN 1,220,408. I 3.5. Costs of compensation for public and public utility buildings. 1 3.5.1. Objects in Nieboczowy I PRIMARY SCHOOL AND KINDERGARTEN AT 20 RZECZNA STREET Replacement value was calculated - calculations were based on: -for item No. I - Object No. 1371 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. I Unit price of the building usable area (m2 of usable area) - PLN 289. -for item No. 2 - Object No. 2537 from Bulletin of prices of building objects, BCO, 2 half- year of 2004. | Unit price of the building usable area (m2 of usable area) - PLN 901. FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIlONS 7 l Appendix C, part 3 It. jObject Area Cubature Replacement Wear & Repl. cost with No. cost tear wear & tear 1 Free-standing bungalow = _1750 505750 25% 379313,0 2 Farm-residential building 354 318954 35% 207320,0 Total 824704 586633,0 Replacement cost of the primary school and kindergarten, with wear and tear taken into account, is PLN 586,633. VOLUNTARY FIRE BRIGADE STATION AT 42 WIEJSKA STREET Fire brigade station, village recreation room, library. Cubature Q - 4 500 m3 Replacement value was calculated - calculations were based on: Object No. 1161 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of building cubature (m3) - PLN 374. It. |Object Area Cubature Replacemenl Wear & Repi. cost with No. I IRcost Ietear &wear & tear 1 | Free-standing storied building 4500 1683000 35% 1093950,0 Replacement cost of the voluntary fire brigade station, with wear and tear taken into account, is PLN 1,093,950. BREAD HOUSE, 1 NOWY DWOR STREET Bread House Foundation run by Salvatorian Priests, Nieboczowy, 1 Nowy Dw6r Street. Replacement value was calculated - calculations were based on: -for item Nos. 1,2 - Object No. 1112 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of building cubature (m3) - PLN 399. It. Object Area Cubature Replacemen Wear & Repl. cost with No. cost tear wear & tear 1 Residential storied building 1400 558600 60% 223440,0 with usable attic 2 Auxiliary buildings = 380 151620 25% 113715,0 Total 710220 337155,0 Replacement cost of the Bread House, with wear and tear taken into account, is PLN 337,155. FLOOD CONTROL RESERVOIR ON ODRA RIVER - cosT ESTIMAT'ION - COMPENSATIONS 8 U Appendix C, part 3 3 I SPORT CLUB NIEBOCZOWY I Sport club with football fields and club building. Area of football fields is 150 x 70 meters approx. Club building, area 24 x 16 m, includes cloakroom and showers. Replacement value was calculated - calculations were based on: -for item No. 1 - Object No. 5711 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of 1 m2 of field surface - PLN 69. -for item No. 2 - Object No. 1751 from Bulletin of prices of building objects, BCO, 2nd half- 3 year of 2004. Unit price of the building usable area (m2 of usable area) - PLN 1821. l It. Object Area Cubature Replacemen Wear & Repi. cost with No. cost tear wear & tear 1 Football fields 10500 724500 30% 507150,0 * Li2 Club building 384 699264 30% 489485,0 * Total 1423764 j 996635,0 Replacement cost of the Sport Club, with wear and tear taken into account, is | PLN 996,635. 3.5.2. Objects in Ligota Tworkowska VOLUNTARY FIRE BRIGADE STATION 3 Cubature Q - 3 1 0 m3 Replacement value was calculated - calculations were based on: Object No. 1161 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of building cubature (m3) - PLN 374. | |~~It. |Object |Area |Cubature ReplacemenlWear & Repl. cost with l No. IAI cost Itear &wear & tear 1 Free-standing storied building 310 115940 18% 95071,0 l Replacement cost of the voluntary fire brigade station, with wear and tear taken into I account, is PLN 95,071. 5 VILLAGE RECREATION ROOM Recreation room with library corner. Cubature of village recreation room Q - 1350 m3 FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 9 11_ _ _ _ _ _ _ _ Appendix C, part 3 3.6.2. Objects in Ligota Tworkowska CHAPEL Chapel erected in 1902. Cubature Q -350 m3 approx. Replacement value was calculated - calculations were based on: Object No. 1482 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of building cubature (m3) - PLN 497. It. Object Cubature Replacemen Wear & Replacement cost No. icost 1tear 'with wear & tear 1 Chapel 350 173950 30% 1 121765,0 Replacement cost of the chapel, with wear and tear taken into account, is PLN 121,765. CROSSES 2 stone wayside crosses. 50% of the calculated value of shrines, item Nos. 2,3,4 above, was assumed. |It. |Object |Replacemen 50% of repl. Quantity Total No.E cost Icost III 1 Crosses 5235 2618 2 5236 Replacement cost of the crosses is PLN 5,236. 3.7. Costs of compensations for shopping-service buildings 3.7.1. Objects in Nieboczowy GROCERY Replacement value was calculated - calculations were based on: Object No. 2721 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of building cubature (m3) - PLN 391. It. |Object |Area Cubature Replacemen Wear & Repl. cost with No. I I cost tear wear & tear 1 Grocery _ 480 187680 20% 150144 * no data available concerning this object - cubature assumed as that of the shop in Ligota Tworkowska. Replacement cost of the grocery, with wear and tear taken into account, is - PLN 150,144. FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 12 Appendix C, part 3 CAFE JIReplacement value was calculated - calculations were based on: Object No. 2721 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. j Unit price of building cubature (m3) - PLN 391. It. Object Area Cubature Replacemen Wear & Repl. cost with JNo. II cost I tear wear & tear 1 Cafe 355 138805 5% 131865 Replacement cost of the cafe, with wear and tear taken into account, is PLN 131 865. BAKERY Replacement value was calculated - calculations were based on: Object No. 2721 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of building cubature (m3) - PLN 391. *It. Object Area Cubature Replacemen Wear & Repl. cost with No. I I cost tear wear & tear Bakery = 356 139196 25% 104397 Replacement cost of the bakery, with wear and tear taken into account, is PLN 104,397. I CRAFT WORKSHOPS - 3 I Replacement value was calculated - calculations were based on: Object No. 2311 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. 5 Unit price of the building usable area (m2 of usable area) - PLN 1146. |It. |Object |Area Cub~a ure|RplcmenWa&|ecost with l No. Icost tear wear & tear 1 Craft workshops 168 192528 30% 134770 *no data are available concerning these objects - it was assumed that the craft workshops I are housed in residential buildings. As an average area of the residential building is 142 m2 it was assumed that area of a single craft workshop is 56 m2 approx. (142: 2.5 basement, groundfloor, attic). Replacement cost of the workshops, with wear and tear taken into account, is PLN 134,770. I FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 13 i1 Appendix C, part3 GRAVEL PIT Replacement value was calculated - calculations were based on: -for item No. I - Object No. 2412 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of building cubature (m3) - PLN 262. - for item No. 2,3 - Object No. 2311 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of building cubature (m3) - PLN 197. It. Object Area Cubature Replacemeni Wear & Repl. cost with No. cost tear wear & tear 1 Office building 648 169776 30% - 118843,0 2 Gravel pit with back-up facilit. 1092 215124 40% 129074,0 3 Control room 90 17730 40% 10638,0 Total 402630 258555,0 Replacement cost of the gravel pit, with wear and tear taken into account, is PLN 258,555. BARS-2 Replacement value was calculated - calculations were based on: Object No. 2721 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of building cubature (m3) - PLN 391. It. Object Area Cubature Replacemen Wear & RepI. cost with No. I I cost tear wear & tear 1 Bars = 710 277610 5% 263730 * no data are available concerning the object - cubature was assumed as that of the cafi in Nieboczowy. Replacement cost of the bars, with wear and tear taken into account, is PLN 263,730. RECREATIONAL CENTERS The first one is the large tourist center. Recreational center " Raj". Replacement value was calculated - calculations were based on: -for item No. 1,2,3,4 - Object No. 1691 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of building cubature (m3) - PLN 406. -for item No. 5 - Object No. 2311 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of the building usable area (m2 of usable area) - PLN 1146. -for item No. 6 - Object No. 2141 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of building cubature (m3) - PLN 412. FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 1 4 I' Appendix C, part 3 It. Object Area Cubature Replacemen Wear & Repl. cost with No. cost tear wear & tear 1 Office building 36 250 101500 15% 86275,0 2 Holiday cabins (7) 357 847 343882 25% 257912,0 3 3,Chalets 135 300 121800 50% 60900,0 4 Restaurant building 500 2500 1015000 30% 710500,0 5 Auxiliary buildings 50 57300 25% 42975,0 6 Hydrophore building 12 30 12360 30% 8652,0 Total 1651842 405087,0 I The second center - I Replacement value was calculated - calculations were based on: Object No. 1110 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. 3 Unit price of the building usable area (m2 of usable area) - PLN 1573. It. Object Area Cubature Replacemen Wear & Repl. cost with No. I I cost I tear wear &tear 1 Recreational center 800 12584001 60% 503360,0 I Recreational center in a brick building, usable area 800 m2 approx. After the 1997 flood it was only a part of its operating functions that were restored. Currently the object is not used. * Replacement cost of the recreational centers, with wear and tear taken into account, is PLN 908,447. I 1 3.7.2. Objects in Ligota Tworkowska GROCERY Replacement value was calculated - calculations were based on: Object No. 2721 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. 3 Unit price of building cubature (m3) - PLN 391. It Object Aea te Replacemen Wear & Repl. cost with | No. . cost tear wear & tear 1 Grocery 480 187680 20% 150144 Replacement cost of the grocery, with wear and tear taken into account, is PLN 150,144. 3 CRAFT WORKSHOPS - 2 Replacement value was calculated - calculations were based on: Object No. 2311 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of the building usable area (m2 of usable area) - PLN 1146. FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 1 5 l Appendix C, part 3 It. Object Area Cubaturel Replacemen Wear & Repl. cost with No. cost I tear wear & tear 1 Craft workshops 112 128352 30% 89846 * no are data available concerning these objects - it was assumed that the craft workshops are housed in residential buildings. As an average area of the residential building is 142 m2 it was assumed that area of a single craft workshop is 56 m2 approx. (142:. 2.5 basement, groundfloor, attic). Replacement cost of the workshops, with wear and tear taken into account, is PLN 89,846. Note: The above-presented replacement costs cover just the buildings (without land). 3.8. Cost of compensations for roads and transport areas. Area of road S 5252 found within villages of Nieboczowy and Ligota Tworkowska is 29,168.1 M2. Said length of the road includes traffic signing valued at PLN 5858.51 in total. In 2001 the road surface was replaced in Ligota Tworkowska for a total value of PLN 142,794.10. Assumed data: - street width complete with sidewalk and green strip: 10 m. - length of streets: 2917 running meters - road foundation: 10 cm. Replacement value was calculated - calculations were based on: -for item No. 1 - Object No. 5331 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of 1 m2 of communal street surface - PLN 130. -for item No. 2 - Object No. 7121 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of Im of the line - PLN 97. -for item No. 3 - Object No. 5578 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of Im of network - Cena jednostkowa PLN 679. -for item No. 4 - Object No. 5331 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of lm3 broken-stone road foundation - PLN 165.55. (504700*0,1) It. Object Run. Area Unit Replacemen Wear & Repi. cost with N. m. I price cost tear wear & tear 1 RoadS5252 2,92 1300000 3796000 10% 3416400 2 External lighting line 2917 97 282949 10% 254654 3 Storm-water drainage network 2917 679 1980643 10% 1782579 4IRoads and other areas 50470 165,46 8350766 30% 5845536 _ Total 14410358 11299169| Replacement cost of the transport areas, with wear and tear taken into account, is PLN 11,299,169. FLOOD CONTROL RESERVOIR ON ODRA RfVER - COST ESTIMATION - COMPENSATIONS 16 3 Appendix C, part 3 3 2.9. Cost of compensations for power network. It. |Object km pc. set Unit Total No. price price 1 Overhead line AFI 3x35 3,1 60000 186000 2 Overhead line AFI 3x70 4,4 73000 321200 3 Tr. station STS 160 kVA/20/0,4kV 1 30000 30000 4 Tr. station STS 100 kVA/20/0,4kV 1 26000 26000 5 Tr. station STS 75 kVA/20/0,4kV 1 24000 24000 3 L.V. overhead line 8,6 60000 516000 Lighting line 6,6 15000 99000 Service line 225 900 202500 4 Street lighting lamp fitting 220, 400 88000 I _ Total 1492700 Replacement cost of the power network is PLN 1,492,800. 3.10. Cost of compensations for water-pipe networks. l It. |Object Run. Pc. Unit Replacemen Wear & Repl. cost with No. m. price cost tear wear & tear 1 PCV network, 160 2154 420 904680 10% 814212 2PCV network, 110 5918 391 2313938 10% 2082544 3 PCV network, 90 1695 349 591555 10% 532400 4 Steel network, 150 23 390 8970 10% 8073 5 Steel networks, 90 1301 340 442340 10% 398106 6 PCV household connections, 50 1147 280 321160 10% 289044 7 PCV household connections, 32 2937 260 763620 10% 687258 8 Well of 1990 1 2000 2000 10% 1800 9 Well of 2004 1 2100 2100 2100 10 Galvanized household con., 25 120 210 25200 10% 22680 11 Cast-iron pipeline, 200 150 430 64500 10% 58050 12 Steel pipeline, 200 482 410 197620 10% 177858 13 Steel pipeline, 100 82 190 15580 20% 12464 14 Steel pipeline, 150 324 280 90720 10% 81648 15 Steel pipeline, 100 424 190 80560 10% 72504 16 PCV pipeline, 225 415 220 91300 10% 82170 17 Pass-through under tracks, 400 600 720 432000 10% 388800 18 Well of 1983 1 2000 2000 20% 1600 19 Wells of 1991 - 4 2000 8000 10% 7200 20 Wells of 2004 2 2000 4000 _ 4000 1 Total 6361843 5711711 Replacement cost of the water-pipe networks is PLN 5,711,711. I 3.11. Costs that are not covered by this elaboration. This elaboration does not cover: - Value of household equipment or fittings; J - Value of farm machines or tools; I FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - CONMPENSATIONS 17 I Appendix C, part 3 { - Value of public support and transport costs of the displaced people; - Value of the lost business or employment benefits; - Costs of notarial deeds; - Appraisal of real estates; - Costs of telephone cables (as relevant data are not availabel). FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 18 Appendix C, part 3 4. Value of lands located within the reservoir. Land coverage calculated for the planned reservoir is 2626.90 ha. Current uses of the area of 2626.90 ha. that is to be used in construction of the planned reservoir are presented in the following table: Item Uses Area acc. to records No. (ha.) 1. Agricultural land, of that: 1853.58 1. 1. Ploughland 1483.5 | 1.2. Orchards 10.4 1.3. Meadows 323.64 3 1.4. Pastures 35.35 1.5. Pastures for afforestation 1.05 3 2. Forests 147.51 3. Coppices 14 4. Waters, I of that: 184.56 stagnant waters ( ponds, lakes) 124.99 3 Lotic waters ( rivers) 59.57 5. Ditches 24.84 6. Mineral/aggregate excavations 16.74 £ 7. Transport areas, of that: 53.39 Roads 52.57 other transport areas 0.82 8. Residential areas, of that: 39.98 8.1. Built-up areas 28.86 1 8.2. unbuilt areas 0.16 8.3. green areas 10.96 8.4. various areas 3.98 1 9. Waste land 292.3 Total 2626.9 I l I ~~~~~~~~~FLOOD CONTROL RESERVOIR ON ODRA RIVER -COST ESTIMATION - COMPENSATIIONS 1 l Appendix C, part 3 It. Uses Area acc. to Unit value Value No. records (ha.) (PL N/la.) (PLN) 1. Agricultural lands 1853,58 27 000 50 046 660 2. Forests 147,51 27 000 3 982 770 3. Coppices 14 27 000 378 000 4. Waters 184,56 * * of that: stagnant waters (ponds, lakes) 124,99 27 000 3 374 730 lotic waters (rivers) 59,57 * * 5. Ditches 24,84 27 000 670 680 6. Mineral/aggregate excavations 16,74 27 000 451 980 7. Transport areas 53,39 27 000 1 441 530 8. Residential areas 39,98 * * of that: 8.1. built-up areas 28,86 10 000 2 886 000 8.2. unbuilt areas 0,16 100 000 16 000 8.3. green lands 10,96 50 000 548 000 8.4. various lands 3,98 50 000 199 000 9. Waste lands 292,3 27 000 7 892 100 Total 2626,9 516 000 71 887 450 Item Nos. from 1 to 7, and 9. Average price determined at the local market was assumed, calculated according to the real estates that were purchased so far - 27,000 PLN/ha. Values of orchards, meadows and pastures were determined as the ones that match value of the farmland. In case of forests said values do not take into account benefits lost resulting from early felling of trees, while with orchards - value of the fruit-growing trees and bushes, complete with value of the lost benefits. Item Nos. 8.1. and 8.2. Average price determined at the local market was assumed, calculated according to the real estates that were purchased so far - 100,000 PLN/ha. Item Nos. 8.3. and 8.4. 50% of the mean price determined at the local market was assumed, as specified under par. 8.1.8.2. - 50,000 PLN/ha. FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 20 Appendix C, part 3 5. Cost Summary. It. Object Replacement Cost Total Total - Repl. No. cost [-] wear & tear Repl. Cost cost-wear&tear I 1 Residential buildings 63 316 380 32 298 468 2 Farm buildings 37 096 020 18 994 950 3 1 Livestock buildings 7 907 400 5 535 180 4 Garage buildings 1614 088 1 220 408 109 933 888 58 049 006 5 School + kindergarten 824 704 586 633 6 Valuntary fire brigade station 1 683 000 1 093 950 7Bread House 710 220 33 1 755 S. Sport Club 1 423 764 996 635 9 Voluntary fire brigade station 115 940 95 071 1 Village recreation room 558 960 223 584 5 316 588 3 327 628 1 1 Church 2 153 990 1 376 596 12 Cemetery 863 000 863 000 13 Wayside shrines 279 115 200 092 14 Crosses 18 326 18 326 3 314 431 2 458 014 15 Groceries 375 360 300 288 16 Cafe 138 805 131 865 3 1X Bakery 139 196 104 397 18 Craftworkshops 320 880 224 616 19 Gravel pit 402 630 258 555 20 Bars 277 610 263 730 20 Recreational centers 2 910 242 908 447 4 564 723 2 191 898 21 Total 123 129 630 66 026 546 123 129 630 66 026 546 22 Land development 36 938 889 19 807 964 36 938 889 19 807 964 Fencing, cost of docum. and superv. squares, access ways, lighting, wells, cesspits, driveways, small architecture objects - 30% of item No. 21 assumed 23 Total: bldgs. + land development 160 068 519 85 834 510 160 068 519 85 834 510 24 Roads and others - surface 14 410 358 11 299 169 25 Power network 1 492 800 1 492 800 26 Water-pipe networks 6 361 843 5 711 711 27 total, item Nos. 24-26 22 265 001 18 503 680 22 265 001 18 503 680 2 ate Total 182 333 520 104 338 190 182 333 520 104 338 190 5.2. Summary of land values * | I Lands, area more than 2626,9 ha 71 TOTAL COST OF COMPENSATIONS is 176 225 640 The above-presented summary requires deduction of prices of already purchased real estates, i.e. I |IPLN 408,492.20 l 408 492,20 TOTAL COST OF COMPENSATIONS, with costs of already purchased I real estates, is 175 817 148 FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 21 U Appendix C, part 3 ( 6. Costs of alternative resettlement places. Costs of alternative resettlement locations were determined according to functional-land development concept applicable to selected land plots (areas) designed for building development. The concept provides for: - three residential building and service development options for area Lubomia- Paprotnik; - two residential development options for area Syrynia-Da,browa; - one farmstead development option for area Lubomia-Zagrody. 6.1. Area Lubomia - Paprotnik Guidelines: The projected number of residential buildings to be constructed as the single-family building development for residents who wait for reconstruction of the building development found in villages of Nieboczowy and Ligota Tworkowska is 120 plots, assumed area 10-12 ares each. 6.1.1. Value of plots /land/: An average price determined at the local market was assumed, calculated according to the real estates that were purchased so far - 10 PLN/m2. It. | Area Price Value No. Of Value of No. I m2 PLN/m2 1 plot plots 1 120 plots 1 Land plots 1200 10 12000 120 1 440 000 6.1.2. Residential buildings: Assumed average area of the residential building is 142 m2 (similarly to stocktaking). Our calculations are based on the current unit replacement cost ,,kj" of the object, assumed in line with the Order by Head of Silesian Province,on value of one calculation square meter of the residential buildings in the 4th quarter of 2004 and the 1st quarter of 2005, i.e. PLN 2505.00. It. Object Average Average replac. Replac. No. Of Value of No. area cost, PLN/m2 value plots 120 buildings 1Residential bldgs. 142,00 2505 355 710 120 42 685 200 2 Cost of documentat. assumed 10% 35 571 120 4 268 520 3 Development, assumed 30% 106 713 120 12 805 560 service lines Total 497 994 120 59 759 280 6.1.3. Transport: According to the concept - option I - length of roads: - streets designed in tracks of existing roads: 2140.00 running meters; - streets designed in new tracks: 2824.00 running meters; FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 22 Appendix C, part 3 l - sidewalks: 2533.00 m. Assumed street width complete with side walks and green strip - 7m. Assumed area of complete transport system - 5.2 ha. Replacement value was calculated - calculations were based on: -for item No. 1 - Object No. 5331 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of lm2 of the communal street surface - PLN 130. -for item No. 2 - Object No. 7121 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of Im of the line- PLN 97. -for item No. 3 - Object No. 5578 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. 3 Unit price of Im of the network - PLN 679. It. Object Run. Area Unit Replac. No. mi. price value 1 Streets and sidewalks 5,20 1300000 6760000 2 External lighting line 4964 97 481508 3 Storm-water drainage system 4964 679 3370556 10612064 4ICost of docum. and supervision I 10% 1061206 Total 11673270 6.2. Area Syrynia-Dabrowa Guidelines: The projected number of the residential buildings to be constructed as the single-family U building development for residents who wait for reconstruction of the building development found in villages of Nieboczowy and Ligota Tworkowska is 120 plots, assumed area 10-12 3 ares each. 5.2.1. Value of plots /land/: * An average price determined at the local market was assumed, calculated according to the real estates that were purchased so far - 10 PLN/m2. l It, Area Price Value No. Of Value of *UNo. m2 PLN/m21 1 plot plots | 120 plots 1 Land plots 1200 10 12000 120 1 440 000 I I FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 23 Appendix C, part 3 6.2.2. Residential buildings: Assumed average area of the residential building is 142 m2 (similarly to stocktaking). Our calculations are based on the current unit replacement cost ,,kj" of the object, assumed in line with the Order by Head of Silesian Province on value of one calculation square meter of the residential buildings in the 4th quarter of 2004 and the 1st quarter of 2005, i.e. PLN 2505.00. It. Object Average Average replac. Replac. No. Of Value of No. area cost, PLN/m2 value plots 120 buildings 1 Residential bldgs. 142,00 2505 355 710 120 42 685 200 2 Cost of documentat. assumed 10% 35 571 120 4 268 520 3 Development, assumed 30% 106 713 120 12 805 560 service lines Total 497 994 120 59 759 280 6.2.3. Transport: According to the concept - option 1 - length of roads: - streets designed in tracks of existing roads: 1103 running meters; - streets designed in new tracks: 1430 running meters; Assumed street width complete with side walks and green strip - 7m. Assumed area of complete transport system - 4.02 ha. Replacement value was calculated - calculations were based on: -for item No. I - Object No. 5331 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of lm2 of the communal street surface - PLN 130. -for item No. 2 - Object No. 7121 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of lm of the line - PLN 97. -for item No. 3 - Object No. 5578 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of I m of the network - PLN 679. It. Object Run. Area Unit Replace. No. m. price value Streets and sidewalks 4,02 1300000 5226000 2 External lighting line 2533 97 245701 3 Storm-water drainage system 2533 _ 679 1719907 7191608 41Cost of docum. and supervision 10% 719161 Total 7910769 FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 24 Appendix C, part 3 6.3. Area Lubomia-Zagrody U Guidelines: The projected number of farmsteads for reconstruction of the building development found in 3 villages of Nieboczowy and Ligota Tworkowska is 8 farmsteads. 6.3.1. Value of plots /land/: Assumed: - For a farmstead -an average price determined at the local market, calculated according to the real estates that were purchased so far - 2.7 PLN/m2. - For residing area - an mean price determined at the local market, calculated according to the real estates that were purchased so far - 10 PLN/m2. 3 - Area: 598,000 m2 (single farmstead 66400 m2 - of that: 1000 for building development). It. Land plots Area, Price, Value, No. of Value of No. m2 PLN/m2 1 f-stead f-steads 9 farmsteads 1 Farmstead 65400 2,7 176580 9 1 589 220 2 Area for development 1000 10 10000 9 90 000 Total 1 679 220 6.3.2. Residential buildings: Assumed average area of the residential building is 142 ml (similarly to stocktaking). * Our calculations are based on the current unit replacement cost ,,k," of the object, assumed in line with the Order by Head of Silesian Province on value of one calculation square meter of the residential buildings in the 4th quarter of 2004 and the I st quarter of 2005, i.e. PLN 2505.00. l It. Object Average Average replac. Replacemen No. of Value No. area cost, PLN/m2 value plots of 9 buildings * 1 Residential buildings 142,00 2505 355 710 9 3 201 390 Cost of document. assumed 10% 35 571 9 320 139 3 Development, assumed 30% 106 713 9 960 417 connections 9 3 = Total 497 994 9 4481 946 6.2.3. Farm buildings: Assumed average area of the farm building - 195 m2 (similarly to stocktaking). 3 Replacement value was calculated - calculations were based on: Object No. 2311 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of the building usable area (m2 of usable area) - PLN 1146. l I ~~~~~FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 25 l Appendix C, part 3 It. Object Average Average replac. Replac. No. of Value of No. area cost, PLN/m2 value buildings 9 buildings 1 Farm buildings 195,00 1146 223470 92 011 230 2lCost of doc. & superv. 10% 22347 9 201 123 Total 245817 9 2 212 353 6.2.4. Livestock buildings: Assumed average area of the livestock building - 380 m2 (similarly to stocktaking). Replacement value was calculated - calculations were based on: Object No. 2311 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of the building usable area (m2 of usable area) - PLN 1146. It. Object Average Average replac. Replac. No. of Value of No. area cost, PLN/m2 value buildings 9 buildings 1 Livestock buildings 380,00 1146 435480 9 3 919 320 2 Cost of doc. & superv. 10% 43548 9 391 932 Total 479028 9 4 311 252 6.2.5. Garage buildings: Assumed average area of the garage building - 38 m2 (similarly to stocktaking). Replacement value was calculated - calculations were based on: Object No. 2532 from Bulletin of prices of building objects, BCO, 2nd half-year of 2004. Unit price of the building usable area (m2 of usable area) - PLN 1036. It. Object Average Average replac. Replac. No. of Value of No. area cost, PLN/m2 value buildings 9 buildings 1 Garage buildings 38,00 1036 39368 9 354 312 2 Cost of doc.& sueprv. 10% 3937 9 35 433 Total 43305 9 389 745 6.2.6. Transport: Road length according to the concept: - Streets designed in tracks of existing roads, including the unsurfaced ones: 1890 running meters. Assumed street width complete with side walks and green strip - 7m. Assumed area of complete transport system - 3 ha. Replacement value was calculated - calculations were based on: -for item No. I - Object No. 5331 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of lm2 of the communal street surface - PLN 130. -for item No. 2 - Object No. 7121 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of Im of the line - PLN 97. FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 26 Appendix C, part 3 -for item No. 3 - Object No. 5578 from Bulletin of prices of building objects, BCO, 2nd half- year of 2004. Unit price of Im of the network - PLN 679. l It. Object Run. Area Unit Replac. No. m. price value 1 Streets and sidewalks 3,00 1300000 3900000 l 2 External lighting line 1890 l 97 183330 3 Storm-water drainage system 18901 679 1283310 5366640 4ICost of docum. and superv. | 10% 536664 Total 5903304 l 3 6.4. Summary of alternative resettlement locations. 3It. |Object Cost per |Total No. | ect building/plot Area Lubomia-Paprotnik I Plots 12 000 1 440 000 2 Residential buildings 497 994 59 759 280 3 Transport 11 673 270 *__________________ 72 872 550 Area Syrynia-Dabrowa 1 Plots 12 000 1 440 000 2 Residential buildings 497 994 59 759 280 3 Transport 7 910 769 69 110 049 Area Lubomia-Zagrody IPlots 186 580 1 679 220 2 Residential buildings 497 994 4 481 946 3 Farm buildings 245 817 2 212 353 4 Livestock buildings 479 028 4 311 252 5Garage buildings 43 305 389 745 6 Transport 5903 304 18 977 820 I I I I FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 27 l Appendix C, part 3 , 7. Final conclusions. This elaboration is of a general character, and thus it cannot be used in direct negotiations related to purchase of real estate. It is not an estimate impact assessment. Cost of compensations was calculated according to the materials collected so far, without precise stocktaking in the field. This elaboration does not cover: - House equipment and fittings; - Value of farm machines and tools; - Value of public support and transport costs of the displaced people; - Value of the lost business or employment benefits or locations of production of products and services; - Costs of notarial deeds; - Appraisal of real estates; - Costs of compensations for ploughlands located off the reservoir bowl, belonging to owners covered by the purchase plan. People entitled to compensation should be offered: - assistance in their move; - residential building or plot for erection of such a building, or - as the case may be - ploughlands of a combination of features (production potential, location benefits and other factors) that is equivalent to benefits offered by the old location, and - formal-legal assistance in purchase of new real estate or erection of replacement real estates. Many international institutions that finance investments projects remain governed by the fundamental rule applicable to compulsory taking-over of lands and other real estates in public ends, as well as to resettlement of people, requiring that appraisal of all losses is conducted, and a proper compensation is paid. This is to facilitate a situation where no person, no family or no community is not at least as well off as before their property was taken over and they were resettled to a new location. In the Polish law the title of ownership of a land or a real estate vests in the owner the right to compensation for the loss caused by the order of compulsory purchase. Remaining people, for instance lease holders, other families who use the house, which belongs to 'the owner of the fundamental rights', or employees of a plant, who might lose their house or even all their means of livelihood, still not qualify for compensation even though they suffer some significant economic loss or lose the roof over their heads resulting from compulsory purchase. FLOOD CONTROL RESERVOIR ON ODRA RIVER - COST ESTIMATION - COMPENSATIONS 28 Appendix C, Part 4 IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION 3 Table of Contents 1. Purpose of elaboration 2 2. Grounds of elaboration 2 I 3. Historical background of Nieboczowy and Ligota Tworkowska 3 4. Identification of cultural goods 3 4.1. Cultural good 3 * 4.2 Contemporary cultural goods 3 4.3 Objects in Nieboczowy 4 4.3.1. Objects registered in Register of Historical Monuments of Silesian Province 4 * 4.3.2. Objects of cultural values of interest for conservator of historical monuments 4 4.4. Objects in Ligota Tworkowska 9 4.4.1 Objects registered in Register of Historical Monuments of Silesian Province 9 4.4.2. Objects of cultural values of interest for conservator of historical monuments 9 5. Procedure applicable to cultural goods 11 5.1. Historical monument 11 * 5.2. Protection of historical monuments I1 5.3 Care of historical monument 1 5.4. List of objects subject to protection and care 11 5.5. Forms of protection of historical monuments 12 5.6. Register of historical monuments 12 5.7. Registration in Register 12 5.8 Heritage park with real estate historical monuments characteristic for local building and settlement tradition 12 5.9 Protection of historical monuments 13 5.10 Management of historical monuments, conducting of studies and works, and embarking of other activities on historical monuments 14 5.11 Works on historical monuments requiring permit of provincial conservator of historical monuments 15 5.12 Risks posed to historical monuments - proceeding 15 * 5.13 Financing of care of historical monuments 16 5.14 Establishment and closure of cemetery in charge of religious community 16 5.15 Use of cemetery grounds in other ends 17 5.16 Conditions that govern use of cemetery in other ends 17 5.17 Exhumation of corpses on change of use of cemetery grounds 17 5.18 Grounds of exhumation of corpses 17 * 5.19 Supervision of compliance with the Act 17 5.20 Procedure applicable to cultural goods - practical aspects 18 6. Elaboration of protection plan 19 3 6.1 Protection of cultural goods 19 7. Final conclusions 20 I Appendix C, Part 4 1. PURPOSE OF ELABORATION This elaboration is to serve the purpose of identification of all cultural goods found within the planned Racib6rz Dolny reservoir, and procurement of relevant procedure and protection plan. Construction of the planned Racib6rz Dolny reservoir on Odra River will affect two villages - Ligota Tworkowska and Nieboczowy. Initially the reservoir would remain empty, save for the periods of flood wave when it would be filled with water for a term from a few or dozen or so days to a few weeks. Eventually however the tank will remain permanently flooded with water. Thus, it became necessary that the State purchased land/real estates within the polder area, to deliver them for management of the territorially competent Regional Water Management Board. The State must purchase all lands and buildings within the Project site. It is also required that all cultural goods found in that area are identified, combined with elaboration of relevant procedure applicable to their transfer and change of use. 2. GROUNDS OF ELABORATION 1. Order of Jacobs Gibb Polska 2. Act of 23.07.2003 on Protection and Care of Historical Monuments - hereinafter called the HMA (Journal of Law No. 162, Item No. 1568) 3. Act of 15. 02. 1962 on Protection of Cultural Goods - hereinafter called the CGA (Journal of Law No. 98, Item No. 1150) 4. Act of March 27, 2003 on Planning and Land Development (Journal of Law No. 80, Item No. 717) 5. Act of January 31, 1959 on Cemeteries and Burial of the Deceased - hereinafter called the AoC (Journal of Law of 2000, No. 23 Item No. 295 ) 6. Materials for determination of public utility investment locations - Zakiad Uslug and Rob6t Wodnych Sp. z o.o. - elaboration by Eng. Stanislaw Staniszewski, M.Sc., May 2004. 7. Decision by Head of Silesian Province No. PR - AB. II/ID/7111/93/04, dated 05.07.2004, on location of the RACIBORZ flood control reservoir on Odra River. 8. Study of land development circumstances and directions of Commune Lubomia - circumstances of the Commune cultural environment 9. Study of land development circumstances and directions of Commune Lubomia - Circumstances of the Commune natural environment and evaluation of flood hazard 10. Study of land development circumstances and directions of Commune Lubomia - findings of the Study - development objectives and directions of land development 11. Visit to the Site - 20.10.2004. IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 2 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 3. HISTORICAL BACKGROUND of Nieboczowy and Ligota Tworkowska I Geographically the villages of Nieboczowy and Ligota Tworkowska are located in Kotlina Raciborska in the upper course of Odra River. Historical sources see the 13th century as the one when village Nieboczowy was founded. * Buildings of the early 20th century are found in Ligota Tworkowska while in Nieboczowy most of the buildings come from the thirties and later days. Both the cultural goods postulated for registration in the Register of Historical Monuments of Silesian Province and the objects of cultural value being of interest for conservator of historical monuments are found in the two villages. 4. IDENTIFICATION OF CULTURAL GOODS 1 4.1 [Cultural Good] As construed by the Act of 15. 02. 1962 (Journal of Law No. 98, Item No. 1150) the cultural good is movable or immovable object, historical or contemporary, 3 being of importance for cultural heritage and development of reason of its historical, scientific or artistic value. Cultural Goods are the national wealth and thus should be protected by all citizens (art 1, par. 3 1, of the Act on Protection of Cultural Goods - hereinafter called the CGA) Central and local government bodies are obliged to facilitate legal, organizational and financial conditions required for protection of cultural goods (art 1, par. 2, of the CGA). 4.2. [Contemporary cultural goods] This term should be construed as cultural goods that are not the historical monuments, such as monuments, places of historical remembrance, 3 buildings and their interiors and details, groups of buildings, and tow-planning and landscape establishments that constitute recognized effects of work of current generations, provided they feature high artistic or historic value (art. 2, par. 10, of the Act on Planning and Land Development). Of reason of lack of response of the Silesian Provincial Conservator of Historical I Monuments to the latter of 15.10.2004, reg. No. PPUH/S/MB/ 216 /2004, requesting presentation of data concerning objects registered in the register of historical monuments, that are found within of the "Racib6rz Flood Control' Reservoir Construction" site, the following I elaboration covers objects postulated for registration in the register of historical monuments, and objects of interest for conservator of historical monuments, listed according to study of circumstances and directions of land development of Commune Lubomia, and according to I field survey - visit to the site of 20.10.2004. It should be noted that in the above-mentioned study elaborated in July 2001 no I objects registered in the register kept by the Silesian Provincial Conservator of Historical Monuments were found. List of cultural goods is presented in Table 1. * ~~~~~~~~~~~~~~~~~~~~~~~~Table 1 Specification Ligota Tworkowska Nieboczowy Church I Wayside shrines 1 3 Crosses 2 5 Cemetery _ _ _I 1 IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 3 3 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 4.3.Objects in Nieboczowy: 4.3.1.Objects registered in the Register of Historical Monuments of Silesian Province NONE OF THE OBJECTS IDENTIFIED IN THE STUDY OF LAND DEVELOPMENT CIRCUMSTANCES OF COMMUNE LUBOMIA IS REGISTERED IN THE REGISTER KEPT BY THE SILESIAN PROVINCIAL CONSERVATOR OF HISTORICAL MONUMENTS. 4.3.2. Objects of cultural values of interest for conservator of historical monuments CHURCH Church owned by the Roman-Catholic Parish - Joseph the Guardian's Church, erected during 1928 - 1931 (designed by J. Affa) - 68 Wiejska Street. Cross of 1877 is found in the Church. Cultural good postulated for registration in the Register of Historical Monuments of Silesian Province. Church building area 345 m2, including tower cubature Q - 4200 m3 Church, 68 Wiejska Street, Nieboczowy IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 4 _ PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 CROSSES l Brzeska Street / Kochanowskiego Street Kochanowskiego Street / Wiejska Street 3 Kochanowskiego Street / Brzeska Street Wiejska Street / Kochanowskiego Street Wiejska Street - cross of 1877 at the Joseph the Worker's Church l 3 Cross in Nieboczowy I - I t It' ~ -r I, l I I IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 5 I PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 Cross of 1887 in Nieboczowy WAYSIDE SHRINES Cemetery shrine, Q 180 m' approx. Wayside shrines a) two large shrines (dimensions 1. 5 x 2 x 3 m and 2 x -3 .5 x 3) b) one small shrine (dimensions l x 0.8 x 2) including: - Rzeczna Street: cubature Jan Nepomucen's shrine, of 1867. Cultural g~ood postulated for reaistration in the Register of Historical Monuments of Silesian Province. - Shrine at Rzeczna Street in Nieboczowy IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 6 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 I Shrine at Rzeczna Street in Nieboczowy 370~~~ bural as folos 70t teraz-rm grave uhh * _| 4 . .~. I PRCEDUES,DTRINTERYIMATADELBRTO OLNO 370 PROTECTION I | PRCEMETRYS EEMNTO FIPC ADEAOAINO LNO 370 burials asEIRfollows:O l 0erhgae Appendix C, Part 4 f Cemetery in Nieboczowy Z~~~~~~~~~' t MY iJJ IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 8 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 i 4.4.Objects in Ligota Tworkowska | 4.4.1. Objects registered in the Register of Historical Monuments of Silesian Province NONE OF THE ()BJECTS IDENTIFIED IN THE STUDY OF LAND DEVELOPMENT CIRCUMSTANCES OF COMMUNE LUBOMIA IS REGISTERED IN THE REGISTER KEPT BY THE SILESIAN PROVINCIAL CONSERVATOR OF HISTORICAL 9 MONT TMN IENTS. 4.4.2. Objects of cultural values of interest for conservator of historical monuments WAYSIDE SHRINE Erected in 1902. Cultural good postulated for registration in the Register of Historical Monuments of Silesian Province. Area - no data available Cubature Q - 350 m3 approx. Shrine of 1902 IU I IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 9 | ~~PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION . I.ij , Appendix C, Part 4 CROSSES 2 wayside stone crosses with one of them of 1887. Cross of 1887 - li I v~~~~~~~~ # , _ ~~~~~~~~~~~~4 IDENTIFICATION OF ALL CULTURAL GOODS AND ELABOR-ATION OF RELEVANT 10 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION I Appendix C, Part 4 5. PROCEDURES APPLICABLE TO CULTURAL GOODS. | According to Act of 23.07.2003 on Protection of Historic Monuments and Care of Historic Monuments ( Journal of Law, No. 162, item No. 1568 - hereinafter called the HMA) the Cultural Goods Protection Act of February 15, 1962 ( Journal of Law of 1999, No. 98, I item No. 1150, of 2000, No. 120, item No. 1268, of 2002, No. 25, item No. 253 and No. 113, item No. 984, and of 2003, No. 80, item No. 717 ) ceases to be in force. The new Act uses name .-Historic M\Ionurnenl" instead of,,Cultural Goods". 5.1.[Historic Monumen(] Historic Monument - real estate or movable thing, its part or its groups made by man or related to his or her activity, constituting an evidence of historic epoch or event, being of a historic, artistic or scientific value that makes their preservation the matter of public interest ( art. 3, par. 1, of the HMA). 5.2 [Protection of Historic Monuments I Protection of historic monuments consists in particular in activities started by the public administration bodies, meant to: 1. secure legal, organizational and financial conditions that facilitate lasting preservation of historic monuments, their management and their maintenance; 3 2. prevent risks that might bring about damage to the value of historic monuments; 3. prevent destruction and improper use of historic monuments; 4. counteract theft, getting lost or illegal export of historic monuments; 5. control preservation condition and use of historic monuments; 6. take into account the protection tasks in general and regional planning, and in shaping of the environment ( art. 4, of the HMA). 5.3 [ Care of Historic Monument ] Care of historic monument exercised by its owner or holder consists in particular in securing of the conditions that are conductive to: 1. scientific research and documentation of historic monument; 2. conducting of conservation, restoration and construction works required at historic f monument; 3. protection and maintenance of the best condition of both the historic monument and its surrounding; * 4. use of historic monument in a way that facilitates lasting preservation of its value; 5. popularization and dissemination of knowledge of historic monument and its importance for history and culture. 5.4 1 List of Objects Subject to Protection and Care ] The following objects are subject to protection and care irrespective of their state of I preservation: 1. Immovable historic monuments that are in particular: a) cultural landscapes; I b) urban, rural and building complexes; c) works of architecture and building; d) works of fortification building engineering; I e) objects of technology, in particular mines, steelworks, power plants and industrial plants; f) cemeteries; g) parks, orchards and other forms of designed green; IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 11 3 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 h) sites that commemorate historic events or work of outstanding personages or institutions ( art. 6, par. 1 ); 2. Movable historic monuments ( their comprehensive list can be found under art. 6, par. 1, sub-par. 2, of the HMA ); 3. Archeological monuments that are in particular: a) the field remains of the origin of history and historic colonization ( their comprehensive list is presented under art. 6, par. 1, sub-par. 3, of the HMA). 5.5 l Forms of Protection of Historic Monuments I Formns of protection of historic monuments are as follows: 1. registration in the register of historic monuments; 2. recognition as the monument of history; 3. establishment of heritage park; 4. deciding of protection in the local land development plan ( art. 7 of the HMA). 5.6 [ Register of Historic Monuments I Register of historic monuments, hereinafter called "the Register", is kept for the historic monuments, found within area of the province, by the Provincial Conservator of Historic Monuments ( art. 8, of the HMA). 5.7 [ Registration in the Register ] Registration of an immovable historic monument in the Register takes place according to decision issued ex officio by the Provincial Conservator of Historic Monuments, or to request of the owner of immovable historic monument (art. 9, par. 1, of the HMA). Registration of an immovable historic monument in the Register is disclosed in the land and mortgage register of given real estate to request of the Provincial Conservator of Historic Monuments according to decision on registration of given historic monument ( art. 9, par. 4, of the HMA ). Decision on registration of immovable historic monument in the Register, taking place to request of the Provincial Conservator of Historic Monuments, constitutes ground for registration in the real estate register ( art. 9, par. 5, of the HMA ). Information about registration in the Register is announced in the official gazette of the province to request of the Provincial Conservator of Historic Monuments ( art. 9, par. 6, of the HMA ). Registration of a movable historic monument in the Register takes place according to decision issued by the Provincial Conservator of Historic Monuments to request of the owner of given historic monument ( art. 1 0, par. 1, of the HMA ). Starost, acting in agreement with the Provincial Conservator of Historic Monuments, is free to place a sign on the immovable historic monument registered in the Register, informing that given historic monument is subject to protection ( art. 12, par. 1, of the HMA). 5.8 1 Heritage park with immovable historic monuments that are characteristic for the local building and colonization tradition] President of the Republic of Poland acting to request of the minister of competence in the matters of culture and national heritage can issue decree to recognize as the monument of history an immovable real estate registered in the Register, or a heritage park of particular value for the culture, identifying in the process its limits ( art. 15, par. 1 ). Minister of competence in the matters of culture and national heritage can address the World Heritage Committee with a request of recording of the historic monument in the "List of National Heritage", to facilitate that way protection of the historic monument IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 12 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 according to Convention on the World Cultural and Natural Heritage adopted in Paris on November 16, 1972 ( Journal of Law of 1976, No. 312, items 190 and 191 ) (art 15, par. 4). I ~ ~~~Following consultation with the Provincial Conservator of Historic Monuments the commnunal council can establish a heritage park meant to protect cultural landscape and preserve the lands that stand up in terms of landscape values, with immovable historic I ~ ~monuments that are characteristic for the local building and colonization tradition ( art. 16, par. l, of the HMA). The resolution identifies name of the heritage park, its limits, method of protection and bans and restrictions that are discussed later in this elaboration (art. 16, par 2, of the HMA). Head of rural comimune ( mayor, president of city ), acting in consultation with the Provincial Conservator of Historic Monuments, elaborates the heritage park protection plan that is subject to approval by the communal council ( art. 16, par. 3, of the HMA ) To implement tasks related to protection of heritage park the communal council can establish a separate structural unit for management of the park ( art. 16, par. 4, of the HMA ) Heritage park that goes beyond territorial boundaries of a commune can be established and managed according to consistent resolutions of communal councils (association of communes) of the communes where the park is to be established ( art. 16, par. 5, of the HMA ) . Elaboration of the local land development plan is obligatory for the areas where the heritage park is established ( art 16, par. 6, of the HMIA). Bans and restrictions can be decided for the heritage park area or its part, concerning: 1. conducting of building works and industrial, agricultural, animal farming, commercial or service activities; 2. change of method of use of the immovable historic monuments; 3. placement of boards, inscriptions, advertising announcement and other marks of no relation to protection of the heritage park, save for road signs and those that concern public order and safety; 4. storage or disposal of wastes. 5.9 1 Protection of historic monuments I Protection and care of historic monuments is taken into account in elaboration and updating of the concept of the national-level planning, development strategy of provinces, provincial land development plans, analyses and studies concerning county-level planning, development strategy of communes, studies of conditions I ~ ~and directions of communal planning and local land development plans ( art. 18, par. 1, of the HMA). Concepts, strategies, analyses, plans and studies that are discussed under art. 18, par. 1: 1 . take into account in particular the national program of protection and care of historic I ~ ~monuments; 2. determine in particular solutions required to prevent risks faced by historic monuments, combined with securing of their protection in implementation of investment projects, and restoration of their best state; 3. determine in par-ticular function and rules of land development, taking into account care of historic monuments ( art. 18, par. 2, of the HMA ). Study of conditions and directions of the communal planning and the local land development plan take into account in particular the protection of: 1. immovable historic monuments registered in the Register, including their surrounding; IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 13 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 . 2. other immovable historic monuments found in the communal records of historic monuments; 3. heritage parks (art. 19, par. 1, of the HMA). Should the commune have its communal program of care of historic monuments, its establishments are taken into account in the study and the plan that are discussed under art. 19, par. 1, of the Act ( art. 19, par. 2, of the HMA ). Study and plan that are discussed under art. 19, par. 1, decide as required the conservator's protection zones that cover lands where restrictions, bans and orders decided by the plans are in effect, meant to secure protection of historic monuments found in given area (art. 19, par. 3, of the HMA). Draft land development plans of provincial and local levels, and their amendments, are subject to agreement with the Provincial Conservator of Historic Monuments ( art.20 of the HMA). Records of historic monuments constitute ground for elaboration of programs of care of the historic monuments by provinces, counties and communes ( art. 21 of the HMA ). General Conservator of Historic Monuments keeps national records of historic monuments in a form of file cards of historic monuments found in the provincial records of historic monuments ( art. 22, par. 1, of the HMA ). Provincial Conservator of Historic Monuments keeps provincial records of historic monuments in a form of file cards of historic monuments found in the province ( art. 22, par. 2, of the HMA). Head of rural commune ( mayor, president of city ) keeps communal records of historic monuments in a form of file cards of historic monuments found in the commune, covered by provincial records of historic monuments ( art. 22, par. 4, of the HMA ). 5.10 1 Management of historic monuments, conducting of studies, works, and other activities at historic monuments I Use in utilitarian ends of the immovable historic monument registered in the Register requires holding by its owner or holder of: 1. conservation documentation that determines preservation condition of historic monuments and potential of its adaptation, with its historic function and value taken into account; 2. program of management of the historic monument and its surrounding agreed with the Provincial Conservator of Historic Monuments, with the matter of display of its value taken into account ( art. 15, par. 1, of the HMA). To meet the above-discussed requirements the Provincial Conservator of Historic Monuments is obliged to make available free of charge to the owner or holder of historic monument the required copies of said documentation ( art. 25, par. 2, of the HMA ). Responding to request of owner or holder of historic monument the Provincial Conservator of Historic Monuments presents in writing his or her recommendations that define method of use of the historic monument, its protection, required conservation works, and also admissible changes that can be introduced in given historic monument ( art. 27, of the HMA). Natural person or structural unit, that plans to finance construction works at the historic monument registered in the Register or covered by the conservator protection according to establishments of the local land development plan, is obliged to cover the costs of archeological studies and their documentation, should such studies be required in context of protection of archeological monuments ( art 31, par. 1, of the HMA ). IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 14 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION I I Appendix C, Part 4 5.11 [ Works at immovable historic monuments requiring permit of the Provincial Conservator of Historic Monuments I Permit of the Provincial Conservator of Historic Monuments is required in reference to: 1. conducting of conservation, restoration or construction works at the historic monument registered in the Register; 2. conducting of construction works in vicinity of historic monument; I 3. conducting of conservation studies at historic monument registered in the Register; 4. conducting of architectural studies at historic monument registered in the Register; 5. conducting of archeological studies; I 6. relocation of movable historic monument registered in the Register; 7. permanent relocation of movable historic monument registered in the Register, done with disturbance of the traditional interior decoration of the rooms where the historic monument is found; 8. division of immovable historic monument registered in the Register; 9. change of the purpose of immovable historic monument registered in the Register; 11) embarking on other activities that might lead to damage to the substance or change of the appearance of historic monument registered in the Register ( relevant comprehensive list can be found under art. 36, par. 1, of the HMA ). Provincial Conservator of Historic Monuments is free to make issuing of the permit that allows embarking on activities discussed under item Nos. 6, 9, 11 above on conducting, to the cost of the applicant, of the required conservation, architectural or archeological studies. Copy of results of the studies is delivered free of charge to the Provincial Conservator of Historic Monuments ( art 36, par. 4, of the HMA). Permits concerning the above-mentioned works are issued to request of the natural person or structural unit that holds legal title, which allows use of the historic monument 3 registered in the Register, resulting from the property right, perpetual usufruct, permanent management, limited property right or obligation relationship ( art. 36, par. 5, of the HMA ). Provincial Conservator of Historic Monuments issues decision on stopping of works 3 conducted without his or her permnit or in a way that deviates from the scope and conditions identified in the permit, concerning: - construction works conducted at historic monument registered in the Register, or in its 3 surrounding; - other activities that are discussed under art. 36, par. I ( relocation of movable historic monument registered in the Register, done with disturbance of traditional interior decorations * seen in the rooms where said historic monument is found; - division of immovable real estate registered in the Register ( art. 43, of the HMA). | 5.12 1 Risks faced by immovable historic monument - procedure I Where risk to immovable historic monument registered in the Register appears, consisting in potential of its destruction or damage, the Starost, acting to request of the Provincial Conservator of Historic Monuments, is free to issue decision on preservation of given historic monument in a form of temporary seizure pending clearing of said risk ( art. 50, par. 3, of the HMA ). If clearing of the risk is not feasible the historic monument can be expropriated by I the Starost to benefit of the State Treasury or commune of territorial competence determined IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 15 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF I THEIR PROTECTION Appendix C, Part 4 according to location of the historic monument, in response to request of the Provincial Conservator of Historic Monuments, according to procedure and rules stipulated by the real estate management regulations ( art 50, par. 4, sub-par. 2, of the HMA) 5.13 [ Financing rules applicable to care of historic monuments I In the line of care of historical monument the natural person or structural unit that holds legal title attached to the historic monument, resulting from the property right, perpetual usufruct, permanent management, limited property right or obligation relationship, proceeds with financing of conservation, restoration and construction works conducted at said historical monument ( art. 71, par. 1, of the HMA ). Care of historical monuments, including financing of conservation, restoration and construction works at the historical monuments, where local government unit holds legal title attached to the historical monument, is one of the own tasks of said unit ( art. 71, par. 2, of the HMA). According to the rules and procedure stipulated by separate regulations the conservation, restoration and construction works conducted at historical monuments held by structural units that are recognized as those of the public finance sector are financed from funds assigned accordingly by disposer of the budgetary funds, or by the local government unit said structural units are subordinated to ( art. 72 of the HMA ). Natural person, local government unit or other structural unit that is recognized as holder of historical monument registered in the Register, or as an entity that holds historical monument in permanent management, is free to apply for a target subsidy from the State Budget for co-financing of conservation, restoration or construction works conducted at given historical monument ( art. 73 of the HMA ). Minister of competence in the mattes of culture and protection of national heritage, or Provincial Conservator of Historical Monuments are free to grant subsidy to the above- mentioned persons or units according to a contract executed with said persons or units ( art. 75 of the HMA ). Subsidy addressed to conservation, restoration and construction works can cover funds required in: 1) elaboration of technical and conservation expert opinions; 3 ) elaboration of conservation documentation; 7 ) protection, preservation and consolidation of the substance of historical monument; 8 ) structural stabilization of component parts of historical monument, or their reconstruction according to the scope required in preservation of said historical monument (relevant comprehensive list can be found under art. 77 of the HMA). According to stipulations found under art. 6, par. 1, of the HMA, recognized as the immovable historical monuments subject to protection and care irrespective of the state of their preservation are also cemeteries ( Act of January 31, 1959 on Cemeteries and Burial of the Deceased - hereinafter called the AoC ( i.e. Journal of Law, 2000, No. 23 item No. 295). 5.14 [ Establishment and closure of cemetery in charge of a religious community ] According to the Act of January 31, 1959 on Cemeteries and Burial of the Deceased - hereinafter called the AoC (Journal of Law, 2000, No. 23, item No. 295 ) an establishment or extension of a cemetery in charge of religious community ( and this kind of cemetery is the one found in Nieboczowy ), that can take place at a site assigned to this end in the local land development plan, is decided by the competent church authorities following their obtaining of relevant consent of the competent sanitary inspector ( art. 1, par. 3 of the AoC). IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 16 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 Similar situation is the case with closure of cemetery in charge of religious community - relevant decision remains with the competent church authority, and it is taken after competent sanitary inspector is consulted ( art. 1, par. 5, of the AoC). 5.15 1 Use of cemetery site in other ends I I If the cemetery site used to be or still is a property of Catholic Church or other church or religious community then issuing of decision on use of cemetery site in other ends requires consent of the competent authority of given church or religious community ( art. 6, I par. 2, of the AoC ). Decision on use in other ends of the cemetery site that used to be or still is a property of Catholic Church or other church or religious community is issued after consulting with authorities of given church or religious community, concerning method of marking and commemoration of the post-cemetery site ( art. 6, par. 3, of the AoC). 1 5.16 [ Conditions that govern use of cemetery site in other ends I Use of cemetery site in other ends is allowed solely under condition that provides for preservation of mementos of historical, archeological or artistic value. Said mementos can be transferred to a proper location under consent of the Provincial Conservator of Monuments. If cemetery or its part is registered in the register of historical monuments, then use of the site in other ends requires consent of the minister of competence in the matters of culture ( art. 6, par. 4 ). In cases that are justified by special public objectives the agency of competence decided according to location of cemetery is free to apply of the competent minister of public administration for exemption from the requirement of obtaining of the consent that is discussed under item No. 2. ( art. 6, par. 5, of the AoC ). 5.17 1 Exhumation of corpses before change of the use of cemetery With the new use of cemetery site the remains of corpses found at the site should be | transferred to another cemetery to the cost of land buyer or new user of land ( art. 6, par. 7, of the AoC ). 5 5.18 [ Grounds for exhumation of corpses Exhumation of corpses and remains can be carried out: I . to a justified request of the persons empowered to burry the corpses, according to a permit issued by the competent sanitary inspector; 2. to order issued by the prosecutor or court; 3. according to decision issued by competent sanitary inspector, if the cemetery site is 3 assigned to use in other ends ( art. 15, par. 1, of the AoC) In the above-mentioned cases the corpses and remains should be buried anew in another location. Expropriation of cemetery site required that the cost of exhumation is borne 5 by buyer of the site ( art. 15, par. 2, of the AoC ) Corpses of people who died of contagious diseases (their list is decided by the minister of competence in health matters) are not allowed to be exhumed in cases discussed I under par. 1, sub-par. 1 of the AoC before lapse of 2 years from death ( art. 15, par. 3, of the AoC) 3 5.19 [ Supervision of compliance with the Act ] Supervision of compliance with regulations of the Act on Cemeteries and Burial of the Deceased, and with executive regulations of said Act remains with the starosts, heads of IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 17 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 ! rural communes, mayors ( presidents of cities ) and sanitary inspectors of territorial competence ( art. 21, par. 1, of the AoC ) 5.20 [ Procedures applicable to cultural goods - practical aspects ] The first classified cultural good found in the area of the planned investment is the Church of religious community - Roman Catholic Parish at the J6zef Opiekun's Church, erected during 1928 - 1932. Procedure applicable to this case consists first of all in; - inspection meant to determine technical condition of the object; - determination if its relocation (in part or as a complete object) is feasible; - contacting owners (in this case the competent church authorities) to decide further proceeding; - presentation of demolition / relocation plan of given cultural good (if feasible); - appraisal of the object; - execution of agreement concerning possible demolition; - execution of agreement concerning procedure to be applied in reference to cultural goods found inside the Church ( e.g. altars ); - (finally) elaboration a complete documentation of the object - description + photo, Another group of cultural goods found at the site of the planned investment are the crosses. First one should determine (check to see) who is the owner of said crosses as all works conducted at cultural goods, such as: - transfer of immovable historic monument; - division of immovable historic monument; - change of purpose of immovable historic monument; - or other activities that might lead to damage of the substance or change of appearance of historic monument, require permit of the Provincial Conservator of Historic Monuments. And this permit is issued to request of natural person or structural unit that holds legal title, which facilitate use of historic monument registered in the Register, resulting from the property right, perpetual usufruct, permanent management, limited property right or obligation relationship. If risk is faced by immovable historic monument registered in the Register, while said risk ( and this is the case with the project that provides for construction of the reservoir ) can lead to its destruction or damage the Provincial Conservator of Historic Monuments applies to the Starost for issuing of decision on temporary protection of the historic monument by way of its temporary seizure pending elimination of the risk. But first of all one should: - check technical condition of the objects; - determine if their relocation is feasible ( in parts of as complete objects); - contact owners in this context; - present them the plan of relocation of given good ( if feasible); - specify destination location; - possibly agree this matter with competent church authorities; - execute agreement concerning possible demolition; - appraise the object; - elaborate complete documentation of the object: description + photo. IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 18 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION Appendix C, Part 4 Procedure applicable to cultural goods called ,,wayside shrines" is similar to that applied in case of ,,crosses". Procedure applicable to cemeteries is governed by the Act of January 31, 1959 on Cemeteries and Burial of the Deceased. Use of the cemetery site in other ends ( issuing of I relevant decision on this matter ) requires consent of the competent authority. Cemetery in Nieboczowy is the one in charge of religious community and thus it is the church authority that decides in this case (after consulting with the competent sanitary inspector). J Decision on use of cemetery site, held by the Catholic Church, in other ends is issued after the competent authority is consulted on the method of marking and commemoration of the post-cemetery site. Said use of cemetery site in other ends is admissible provided mementos of historic, archeological and artistic value are preserved. They can be transferred to a proper location according to a permit issued by the Provincial Conservator of Historic Monuments. Should the cemetery be registered in the Register of historic monuments the use of its site in other ends would require consent of the minister of competence in the matters of culture. It should be noted that with the new use of the cemetery site the remains of corpses found at the site should be transferred to another cemetery to the cost of site buyer or new I user. 5 6. ELABORATION OF THE PROTECTION PLAN 6.1.[ Protection of cultural goods I Protection of cultural goods is meant to facilitate their I preservation, proper maintenance and publicly advisable use or making-available in scientific, didactic and educational ends so that they serve the avenues of education, popularization of knowledge and art, while constituting a permanent element of the cultural development and | active component of the contemporary public life ( art 3, par. 1, of the CGA ). Protection of cultural goods consists in prevention of their destruction, damage, devastation, loss or export, in facilitation of conditions of their lasting preservations, in elaboration of I scientific documentation, keeping of their records, their registration, and their maintenance, restoration and reconstruction according to scientific rules ( art. 3, par. 2, of the CGA). 3 According to the Act of 23.07.2003 on Protection of Historic Monuments and Care of Historic Monuments (Journal of Law, No. 162, item No. 1568 - hereinafter called the HMA) the protection of historic monuments and their care is taken into account in elaboration I| and updating of the concept of the national-level planning, development strategy of provinces, analyses and studies of the county-level planning, development strategy of communes, studies of conditions and directions of communal planning, and local land development plans. Concepts, strategies, analyses, plans and studies: 1) take into account the national program of protection and care of historic monuments; l, 2) determine solutions required to prevent risks faced by historic monuments, combined with securing of their protection in implementation of investment projects, and restoration of their best state; I 3) determine function and rules of land development, taking into account care of historic monuments. IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 19 | PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION l3 Appendix C, Part 4 Study of conditions and directions of the communal planning and the local land development plan take into account in particular protection of: 1. immovable historic monuments registered in the Register, including their surrounding; 2. other immovable historic monuments found in the communal records of historic monuments and heritage parks. Study of conditions and directions of communal planning - Commune Lubomia: Establishments of the Study - Development objectives and directions of communal planning, July 2001, identifies the following three categories of the objects that constitute the cultural goods: 1. Objects registered in the Register of Historic Monuments of Silesian Province; 2. Cultural goods covered by requests of their registration in the Register of Historic Monuments of Silesian Province; 3. Objects of cultural values that attracted conservator's interest. According to study of conditions and directions of communal planning - Commune Lubomia, and according to stipulations of the Act of July 6, 2001 on Establishment of the Long-Term Plan "Program for Odra River - 2006", the area of Ligota Tworkowska and Nieboczowy was assigned to construction of the planned flood control reservoir "Racib6rz Dolny" that in the early stage is to remain an empty reservoir, to be later transformed into the multi-function one. Statutory obligation that provides for construction of the reservoir, resulting from necessary compliance with flood control requirements, brings about postulated elaboration of the historic-conservator's documentation of the building development found in the area of villages of Nieboczowy and Ligota Tworkowska, covering among others stocktaking of historic building development found at the road that runs along the Odra River bed. 7. FINAL CONCLUSIONS The above document presents: - identification of cultural goods found within the planned "Racib6rz Dolny" reservoir site; - procedures applicable to protection of historic monuments and their care; - rules that should be complied with in all other activities that are related to operations that concern relocation of immovable historic monuments, new purpose of immovable historic monument, and embarking on activities that might lead to damage of substance or change of appearance of historic monument. It should be noted that this elaboration was based on: 1. Decision of the Head of Silesian Province, ref. No. PR - AB. II/ID/ 7111/93/04, dated 05.07. 2004, concerning location of the RACIBORZ flood control reservoir on Odra River; 2. Materials for determination of location of the public benefit investment project - Zaklad uslug i Rob6t Wodnych Sp. z o.o. - elaborated by Eng. Stanislaw Staniszewski, M.S., May 2004. IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 20 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION I Appendix C, Part 4 The document was supplemented (to become more detailed) by the information from the current elaborations and study, and by data collected during site visit of 20.10.2004. The referred-to regulations and cultural goods are presented as of the current day, J and they can change during implementation of the investment project. This concerns in particular the cultural goods, as currently the Silesian Conservator of Historic Monuments is in progress of his identification and recording of historic I monuments found in that area. This work requires its continuation in agreement with the Silesian Conservator of Historic Monuments; it is possible that it will go on also during period of the investment J project implementation. This elaboration does not necessarily cover all the objects (cultural goods) as it was not possible to proceed with their stocktaking in the field. I Said stocktaking will be necessary during the next stages of the investment process; relevant procedures are specified in this elaboration. I. I I 'I I IDENTIFICATION OF ALL CULTURAL GOODS AND ELABORATION OF RELEVANT 21 PROCEDURES, DETERMINATION OF IMPACT AND ELABORATION OF PLAN OF THEIR PROTECTION l I I I I I I I I I I I I I I - - I -10-1 - Appendix D -Public opinion documentation 1. Press abstracts analysis 3 2. Odra riverside gminas statement 3. Press announcement concerning RAP disclosure 4. Letters to residents and land owners. 3 5. Public feedback concerning RAP report. I I I I I l I l l I RAP-August-Pnint/Aug-OS I I | I I I I I I I I i I I I ft'.URRENT PRESS NEWS CONCERNING RACIBORZ RESERVOIR - 2004 PRESS REVIEW ,,LUBOMIA. It has been 24 years now since residents of villages Nieboczowy and Ligota Tworkowska started to pack up to move. The two locations are planned for resettlement required by the planned construction of ,,Racib6rz Dolny" flood control reservoir. The flood control system of Upper and Middle Odra basin was established in the thirties of the last century. Initiated in response to a major flood of hundred years ago it was devised as a kind of fortification composed of storage reservoirs, dry flood control reservoir, relief channels, polders and flood embankments. Flood of five years ago fI made it become examined the hard way by nature forces. Unexpected water thrust of Odra and Nysa Klodzka cased in a few days the damages of in excess of PLN 9 billion in places found along said rivers, including those of the largest provinces: Wroclawskie, Katowickie, Walbrzyskie and Opolskie. Planned construction of the nRaciborz Dolny" flood control reservoir was revived. The first concept of said construction comes from 120 years ago, and originally was also a product of the catastrophic flood - of 1880 that time. The idea was discussed again after World War 2 came to an end. Enormity of tasks, and thus enormous scale of financial needs, prevented implementation of this project in the next years. Since 1978 this flood control reservoir has been covered by land development plans of the communes of its location. It is since then that the residents of Nieboczowy and Ligota I Tworkowska have been waiting for resettlement. Banned construction of new houses and perspective of resettlement brings about devastation, aging and therefore growing degradation of a part of villages concerned. A -'ope of having the two villages saved against construction of the reservoir started glimmering in paradoxical I. _ircumstances right after the 1997 flood. (...) When the flood shock was over and when people repaired their flooded houses the hope of continued staying in one's place were live again. Who, being sane, would like move from the homestead that has been just repaired? I The atmosphere of resettlement was back in place in 2000, i.e. before the coming parliamentary elections. The Regional Water Management Board addressed communal councils of Communes Lubomia, Racib6rz, Krzyzanowice and Kornowac with request of their adoption of resolution on embarking on the work to change the land development plan in a way that takes into account the reservoir and its impacts. Communes of Raciborz county positively voted the proposed resolution while council of Commune Lubomia declared its protest against their residents being treated for years as those who are objects not subjects. Reason: 40 per cent of lands assigned for construction of the reservoir and 100 per cent of I residents to be resettled (711 people) are the ones of the two villages found in Commune Lubomia, i.e. Nieboczowy and Ligota Tworkowska. After that protesting resolution the atmosphere in Lubomia started boiling. Widespread discontent was boosted by the election-campaign declarations of those in the line to the cashier's office that pays parliamentary expense allowance at the Polish Parliament in Warsaw. Former deputy Czestaw Sobierajski was definitely the leading shouter. In his press interview of that time he I assured that he already knew the resettlement location and promised thousands of jobs at construction of reservoir for miners discharged from mines. He said so in an interview for one of the provincial dailies but later, I during meeting with residents of Commune Lubomia, he denied his claim. And the residents remember that even now. Public Committee for Defence of Residents of Villages Nieboczowy and Ligota Tworkowska stirred into action - ( and prepared alternative program of flood protection for places found on Odra River, excluding construction of the ieservoir. In November last year this program was sent to the Minister of Environment - Stanislaw 7elichowski. This E matter was discussed also during meeting organized at the. Commune for residents and chairman of the senate committee of protection of natural environment - senator Adam Graczynski. Till now the minister of environment, Stanislaw Zelichowski, has not responded to proposal presented by the Committee. Senator Adam Graczynski promised together with deputy Tadeusz Motowidto that with the construction of the reservoir becoming unavoidable they would see that the residents of Ligota Tworkowska and Nieboczowy were treated as those who are carriers of rights. The problem consists in "the actual, not media-channeled, dialogue with people", as it was defined at the November meeting. The first effects of the promises are already seen. By the end of January a meeting was held at J the provincial office, where deputy head of province, Marek Sztolcman, invited representatives of all the parties involved in solving of this swollen long-term social and economic problem. Residents of the two villages subject to resettlement were represented by administrator of Commune Lubomia. Czeslaw Burek. According to the presented assumptions of the ,Odra 2006" program the construction of the ,,Racib6rz Dolny" reservoir is still the planned project. - Local government authorities make continuous efforts to protect residents of our two villages against resettlement - assures administrator of Commune Lubomia, Czeslaw Burek. - Even if at central government level I decisions are taken that are disadvantageous to our people, they still will not be accepted by us. Referring to actual resettlement taking place the Commune declares a full assistance offered to residents of the two villages in all matters related to said resettlement. I mean first of all legal consulting, assignment of new plots in the communal land development plan, appraisal of individual real estates, negotiations with representatives of the Government. Residents of the villages planned for resettlement will be invited to the next meeting." Source: Tygodnik NOWINY, October 19, 2004, ,,Specter of reservoir". I Opinion polls were conducted during 1997-2003 in the area of the planned resettlement. They were conducted according to the direct interview method in 1997, 1998, and 2002 and 2003. Questionnaires were sent to each l~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ family in Commune Lubomia, asking if facing the flood hazard they would be interested in moving to some other place, and if yes, then on what conditions and where they would like to move to?. The next survey covered also (V listing of residential and farm buildings and their equipment, and also questions concerning social and economic situation of each individual family (employment, number of children, type of school they attend, etc.). ,(...) just with the flood water gone (year 1997) some substantial money was offered to both the residents and the Commune, designed for reconstruction of destroyed houses and infrastructure. Quite a pity, as sooner or later all that will be wasted. And perhaps this situation might be used well for materialization of the reservoir construction plan. Questionnaire study conducted by the Pracownia Badan Spolecznych of Katowice in residents of the two villages clearly signaled their readiness to leave the lands designed for the planned reservoir. It was just 5 per cent of them who definitely opposed the idea, while 82 per cent declared their readiness to move, and 3 per cent refused to answer. That was the best time for a non-conflict and economic resettlement of residents from 176 households found in the disputed area, without of the capital incurred in repair of flood damages." Source: Tygodnik NOWINY, October 19, 2004, 'Specter of reservoir'. In contrast to the 1997 opinion poll the results of 2003 signaled polarization of positions of the residents of village Nieboczowy on the issue of resettlement, in spite of the optimism shown by authorities. "Today officials of the head of Silesian Province will collect questionnaires delivered last week to resident of village Nieboczowy near Racib6rz. The residents are to tell if they agree to reseKtlement. According to the plans the flood control reservoir is to be onstructed in the area where their homes are found. - ... A few days ago representatives of the Silesian Provincial Office delivered to people of Nieboczowy the lefter of Yit the head of Silesian Province, Lechostaw Jarzebski, where the head of province requests that the decision is taken for common good. The letter is appended with the questionnaire meant to facilitate preparation of the financial offer concerning compensations. - From the preliminary talks held with the residents it is known that roughly a third of them opts for leaving, a third is yet to decide and a third is definitely against - informed spokesman for the head of province, Krzysztof Mejer." Source: Super Express, ,,Is the concord to come?", of March 3, 2004. In the study conducted by the Provincial Office by the end of February 2004 as many as 88% of residents of Nieboczowy declared their being against construction of the Racib6rz Dolny reservoir. In the other village - Ligota Tworkowska - that was also to be resettled, a definite majority of residents opted for resettlement. Residents of Nieboczowy were not convinced by the argument that construction of the reservoir will bring benefits to thousands of people, among others residents of Racib6rz, Wroclaw and Opole. ,,(...) We do not care about Racib6rz. In July 1997 one piglet was drawn here while in Wroclaw some old books, the rare ones, were destroyed. We area ready for the high water, let them become ready as well ... You do not worry about us so why we are to always worry about others? . n Source: Gazeta Wyborcza, of March 10, 2004. ,,Residents claim that those who consent to resettlement are first of all the ones who for years now have been actually living in Germany, and in Poland have just houses. "It is all the same for them but we have been working Q here all our lives, we lost our health in Nieboczowy and we will stay here!" - tell residents of Nieboczowy. This is an egoistic position. Residents of Nieboczowy can only see their own interest and disregard interest of the Southern Poland region. Regrettably we all are to suffer a loss caused by this. I think that the next head of province will decide expropriation anyway, while financial terms will be then much less beneficial than today when there is a hope for cash from European Union " - told Polish Press Agency the head of province who on Tuesday met residents of Nieboczowy and the other village found within area of the planned reservoir - Ligota Tworkowska, where most of the residents consent to resettlement and proposed compensations." Source: Polish Press Agency "Steadfast residents of Nieboczowy". 2004-04-01; http://www.radioem.pI, Radio eM [2004-03-09 20:24:38]. In spite of their common position concerning resettlement the reasons the residents of Nieboczowy report to explain their refusal to resettlement are highly individualized. Most of them think that a potential implementation of the public option of the reservoir construction is the case, i.e. potential of the village being surrounded by embankment (but supposedly this is a more expensive option, though still equally safe). We are not afraid of water because we learnt to live in harmony with the river - say the locals. - Flood was always seen here and this is why the soil is so fertile here, as nowhere else. A few weeks ago they returned the questionnaires sent to them by head of Silesian Province Lechostaw Jastrzebski. He asked if they were to leave the village to protect against flood the hundred thousands people leaving in towns on Odra River. Most of them answered: "No". Jan Szryf (56), retired miner, said no as well. - We used felt-tip pens to fill-in the( questionnaires, and nothing can be deleted - he winks at us. Press spokesman to the head of province, Krzysztof Mejer, is not surprised: - For years contacts with those people were wrong. Instead of convincing them the authorities threatened them with resettlements. And cash for compensations was missing. 2 I Now the cash is here but people do not believe that their Nieboczowy could be moved to a new location. X They prefer to have their village surrounded by embankment." Source: wwww.superexpess.pl, (fragment of terviews held by Piotr Wr6bel for Moc/RMF-FM). 3 ,,One should first reach agreement and only then start construction. Head of province promised compensation 3, but later it was found that what they wanted to give us were merely cents" - says Ms. Halina from Nieboczowy. Source: Gazeta Wyborcza of May 20, 2004. I |. -Halina B4aszczok organized Committee for Defence of Village Nieboczowy. She and her husband Alojzy are amongst the wealthiest residents of the village. They live in a nice house surrounded by exotic trees. Their backyard is as clean as a computer factory. To talk Ms. Halina stops her work with piglets for a while. She takes off I her wellingtons and kerchief. Talks on a second thought, calmly. She thinks that the village might be rescued by its surrounding with embankment. - There are people who mockingly claim that we should be closed behind such embankment, and that tours should I be organized for residents of Wroclaw to show them stubborn dumbs who do not want sacrifice themselves for the others - she says with perversity. - Nobody wants to talk seriously with us. Even though times when people could be pushed around as during Communist system are the past now. People used to watch authorities with disgust in the village. One should not expect anything else as for more than 20 years people has been refused permits that would allow erection of houses. They were not I confident about their future. Head of province Lechostaw Jastrzebski was the first politician who was brave ,- enough to meet personally the residents of Nieboczowy. I; It was like in America - admits Szryf. - He arrived, shook hands with everybody. Said he would reconstruct the village complete with Church, and that he would transfer the cemetery. But people still do not believe. Seven years ago they moved pigs to under roofs of cowsheds and managed to survive the worst time somehow. At administrator of the village the water level was 1.5 m high. - One can still see I that on the fence - Mr. Bernard Ochwat returns to his memories. Many people are not able to forgive authorities for the world that forgot them. - Amphibious vehicle we asked for did not arrive - says Mr. Jan Szryf. - Then for years they has been threatening us with resettlement." Source: wwww.superexpess.pl (fragment of interviews held I by Piotr Wr6bel for Moc/RMF-FM). The matter of construction of the flood control reservoir \"Racib6rz Dolny\" is almost 100 years old but in general awareness it was recognized only in the first months of this year. And all that because of residents of two villages - I NNieboczowy and Ligota Tworkowska - who protested against planned construction. Their project \"the public onel" provides for surrounding of the villages at three sides by embankment. Investor opposes the idea claiming that this solution would be both expensive and ineffective should the flood come. Mediations with I participation of Minister of Environment and head of Silesian Province failed to yield any result." Source: http:/lwww.przeqlad.katowice.pl, ,,Racib6rz in troubles", May 25, 2004. ,,lnvited by Head of Silesian Province the Deputy Head of Province Franciszek Stankala took part in meeting I with Minister of Environment Czestaw Sleziak and President of the National Environment Protection Fund - Jerzy { Swaton. The meeting, held in the Marble Hall of the Silesian Provincial Office, dealt with the most complicated =cological problems of Silesian Province - construction of the ,,Racib6rz Dolny" reservoir and disposal of i'azardous wastes left after liquidation of the former Chemical ,Plant ,,Tarnowskie G6ry". During talks the importance of the ,,Racib6rz Dolny" reservoir construction was accentuated, with its embankment offering protection to villages found on Odra rive in Silesian and Opolskie Provinces, constituting a critical condition of an effective flood control in Odra valley down to and including Wroclaw. The reservoir makes a key element of I the Governmental Program ,,Odra 2006". Starting of the construction works is planned to take place in 2005 while their completion is be achieved in 2011. The following documents have been already drawn: program - spatial concept of the reservoir and Feasibility Study. The latter was prepared in two options: the main one that provides for resettlement of I residents of Ligota Tworkowska and Nieboczowy, and the social one that assumes that village Nieboczowy remains in place and is surrounded by embankment, combined with construction of pumping station to remove precipitation and infiltration waters to the reservoir. The first scenario is less expensive and I guarantees a better flood protection for Commune Lubomia, Racib6rz and other places found along Odra kRiver." Source: Opole Provincial Office, http:llwww.opole.uw.qov.pI, February 2, 2004, ,,Meeting with Minister of Environment Czestaw Sleziak". I Mediation is attempted and direct meetings with residents are organized - among others by representative of the investor (Regional Water Management Board in Gliwice) and Head of Silesian Province Lechostaw Jarzebski. One I z - of the meetings took place in March in Nieboczowy and the next one was organized in May - however none of X hem yielded any agreement. ,,(...) Fiasco was the effect of negotiations between head of Silesian Province, Lechostaw Jarzebski and residents I of Nieboczowy who oppose the idea of the Racibbrz Dolny flood control reservoir being constructed in that area. 3 l 80% of the residents do not want to consent to resettlement while with no resettlement the construction is practically impossible." Source: PAP "Steadfast residents of Nieboczowy". 2004-04-01; ( - http:l/www.radioem.pI, Radio eM [ 2004-03-09 20:24:38 ]. "On May 6, 2004 a meeting was organized of initiative of the Marshal of the Opolskie Province, dealing with perspectives of the Raciborz flood control reservoir construction. Representatives of heads of provinces and marshals of Lower Silesian and Silesian Provinces, and representatives of Commune Lubomia, where village Nieboczowy (and were association for defence against resettlement was founded) is found, were invited." Source: http:llwww.proaramodra.pilaktu.htm, ,,Talks about Raciborz in Opole". ,,Yesterday (May 6, 2004) at the Marshal Office the deputy administrator of Commune Bierawa dramatically asked that residents of your village consented to construction of the reservoir in Racib6rz to solve the problem of flood not only in Communes Cisek and Bierawa but also throughout the Opole region. Have you consented? - I do not see any problem as we are in favor of the reservoir though in its different shape. What administrator of Bierawa wanted can be achieved but the compromise is required. - But with your version of the reservoir its capacity would be reduced by 30 million cubic meters. So where is the compromise at your side? - We give Wielikqt instead, to contain 45 million cubic meters more. It is just sufficient that the embankment is erected there. - If this is so simple then why Government, investor or experts participating in the yesterday's meeting did not see this concept? - They sunk much money in studies and the currently enforced design, and thus they do not want to admit Cl - they were wrong. - To construct the "Racib6rz Dolny" reservoir in its full capacity you were offered some splendid terms of land purchase, relocation of Church, cemetery and wayside shrines to a new place you identify, reconstruction of your houses, connection of telephones, etc. Why is it not worth while to relocated one 600-people village to save all province of million residents? - Let us forget digits as it is not them we deal with. I simply ask why they do not construct the reservoir that leaves our village in place, and use the Wielikqt ponds? - This question can be easily reversed: why do not you want to consent in spite of expert opinions? - Because we have been staying there for a long time, because we became close with our village and because we do not want to leave our homesteads. Resistance is also seen in Opolskie Province even though people are required to give their lands, not houses, for polders. And you ask why we do not want to leave our homesteads? - Supposedly one of the residents of the village said he was ready to leave Nieboczowy when he was paid U$40 per square meter of land - as in the Warsaw downtown area. So what is the money that would make the village leave? - It is not the many that we are concerned of. If one of the residents said so then I think he or she just said that to make others get off his or her back. - I cannot resist an impression of your sticking to your position of egoistic reasons, because you expect to get more. C - In the questionnaire of the Head of Silesian Province the residents stated clearly that they were not ( interested in money. That was the response of 90 per cent of us. - So why are you so stubbornly stuck to this place? - Because Nieboczowy are here for eight centuries, we live here as our ancestors did, and we shall continue to live here, like residents of other villages. - Experts said yesterday that with your being surrounded by embankment you will be drowned like kittens should the flood-gate fail. Are you not afraid? - No such possibility is the case. Water of such a height will not come for sure. We are not threatened by such water. - And if the authorities decide to expropriate you? - Then we will appeal according to all procedures, until we win. Fifty, perhaps a hundred year - we will see." Source: http://fzqo.eko.org.pI , Green Federation ,,No consent to reservoir in Racib6rz", May 7, 2004. ,,Program - spatial concept of the reservoir and Feasibility Study have been already prepared in two versions: the main one that provides for resettlement of residents of villages Ligota Tworkowska and Nieboczowy, and the social version that provides for leaving of Nieboczowy in place, combined with its simultaneous surrounding by embankment and construction of pumping station to remove precipitation and infiltration waters to the reservoir. The first option is less expensive by at least PLN 40 million, and it guarantees a better flood control for Commune Lubomia, Racib6rz and places found along Odra River. Regrettably this scenario failed so far to become accepted by residents of Nieboczowy. Without their consent the European funds will not come. Head of Silesian Province, ( - Lechostaw Jarzebski, said he would organize a special negotiation team. Its members would be people of local authority, including administrator of Commune Lubomia and representatives of association of residents of Nieboczowy. The team acting till March 22 would proceed with negotiations with each owner of more than 170 households in Nieboczowy. - Dialogue with people is of a tremendous importance while 4 its lack often leads to conflicts - said head of province Lechostaw JarzQbski. He said he hoped that the If team of negotiators would bring about agreement." ource: Integracja Europejska monthly, http:/lwww.ineuro.pl, ,,Committee changed its position", No. 45, page 64. I ,,Andrzej Szczeponek who represents the head of Silesian Province has no illusions about perspectives of continued negotiations with residents of the 150-family village Nieboczowy. - Once more we saw that position of I residents of that village is unchanged. Head of Province will issue location decision and the Starost will be free to expropriate those people who are not willing to sell their real estates voluntarily - he informed". Source: Rzeczpospolita, May 7, 2004, ,,Village contra water". The matter of construction of the ,,Racib6rz Dolny" reservoir attracts live interest of representative of the local I government bodies and authorities of Racib6rz, Opole, Wroclaw - towns and communes to be protected in the future against flood. Conflict with residents of village Nieboczowy stirs anxiety as it casts doubt on plan of the I continued investments. Thus a number of activities were initiated: meetings, conferences, petitions meant to facilitate arrival at solution of the conflict. This issue was also debated by the Senate committee. ,ICommunal Council of Commune Krzyzanowice being aware of the threats that might be posed by renouncement or delay of construction of the "Racib6rz Dolny" reservoir, and being aware of liability for a proper flood control, expresses hereby its anxiety caused by an impasse in talks between representatives of the State administration and residents of village Nieboczowy that might cause a significant postponement of the construction.(...) We apply people and institutions of effect on solutions for their promptest possible taking of decisions, which would 3 facilitate starting of the construction process. This project is not only of a major importance for flood safety of residents living in that area, but also of a possible major effect on the local labour market. (...) Copy of the Resolution to be delivered to Ministry of Environment, Parliamentary Committee of Environment I Protection, Natural Resources and Forestry, Senate Committee of Environment Protection, heads of Silesian, Opolskie and Lower Silesian provinces, mayors and presidents of the cities and starosts of counties found within Upper and Middle Odra valley." Source: http://www.krzvzanowice.pl, Resolution No. XV12912004 by Communal Council of Commune Krzyzanowice, dated 22.04.2004, on construction of the "Racib6rz Dolny" I reservoir. ,On May 17 a press conference was held in Katowice, titled "Construction of the Racib6rz Dolny reservoir - I chances or illusions", with participation of Chairman of the Senate Committee of Environment Protection, Senator of the Republic of Poland Adam Graczyrski. Potential of construction of the reservoir according to the public option was discussed, and also possible activities to be started in this context by head of Silesian Province Lechostaw Jarzebski. - I understand residents of the two villages. Nothing was done after the 1997 O flood - thus they could feel left by others. And the matter of the reservoir construction was started in an official way - the negotiations were forgotten. But financial demands of the residents are definitely excessive - accentuates senator Graczy6ski. I Voices claiming excessive egoism of the few hundred residents of the two villages found in vicinity of Racib6rz can now also be heard in discussion that was started early this year. The project they protest against is covered by the -) rogram "Odra 2006". The reservoir makes a key item - its purpose is reduction of the possible flood wave throughout the Odra River length as far as., the capital of Lower Silesia." Source: http://www.przeqlad.katowice.pl, ,,Racib6rz in troubles", May 25, 2004. ,,On Tuesday, April 6, 2004 a meeting of the Senate Committee of Environment Protection was held, dealing with implementation of the Program for Odra 2006. Apart form report presented by the Governmental Agent for Program U for Odra and Director of the Office the main issued that was discussed was the matter of construction of the Racib6rz flood control reservoir and the problems it faced. Source: http://www.procramodra.pl/studium.htm, _Program for Odra 2006 in Senate". In May 2004 the residents of Opole communes attempted to become involved in the conflict - the residents from I areas threatened by the flood, who are to benefit directly from the constructed Racib6rz Dolny reservoir. They want to convince residents of Nieboczowy to resettlement. ,,We also want to live quietly and work without fear. The reservoir is to serve millions of people - says Henryk Chromik, administrator of Commune Bielawa. ( ... ). Residents of Nieboczowy do not even want to talk about proposal of the two Opole communes. According to Czestaw Burek, administrator of Lubomia, time for talks was a few years ago, immediately after the huge flood. Now it is too late. - I know that this is not a comfortable question, but why is it that the residents of Nieboczowy are to sacrifice themselves to make somebody else live quietly?" Source: Gazeta Wyborcza, of May 6, 2004. ,,Without the reservoir nobody in Opole can sleep calmly - says Tadeusz Cygan, Director of the Voivodship Amelioration Department (WZMiUW) ... After investments and modernization of hydrotechnical objects Opole is 5 ready to cope with 2700 cubic meters of water per second. - But there is no guarantee that no higher wave comes, as seven years ago. Opole will not be able to defend itself against flood wave that is as high as the one of 1997. ("7 Unless the area found upstream of the city is flooded to receive 25 million cubic metes of water. This is the area found at LH. Bank of Odra River (in its proglacial stream valley), starting from Win6w, through Zlinice, to Boguszyce. - But this would require legal grounds that would guarantee payment of damages to the residents. Without the Racib6rz Dolny reservoir nobody of Opole can sleep calmly - summarizes Mr. Cygan." Source: Gazeta Wyborcza, July 12, 2004, http://www.bqw.aov.pl/prasowvlzaslyszane.html It is not only the residents of the areas of potential resettlement and representatives of local authorities that are becoming involved in the conflict. Confusion is caused by opinions of, for instance, journalist of local newspapers who try to get the liking of their readers, and also opinions of deputies, senators and administrators. They count on support of local community and not only oppose the Project but also criticize activities of the officials. ,,Officials involved in the Project showed unusually amateurish behavior. The concept of this Project does not convince me as with the residents not wanting to leave nobody is allowed to expropriate them by force. One should execute a social pact, recognize that area as the polder one and teach people how to live without necessarv evacuation. This situation is not different than the one of 1997 because polder Buk6w was established, meant to contain some 60 million cubic meters of water." - Opinion of Andrzej Markowiak, deputy of Plafforma Obywatelska (Dziennik Zachodni, No. 215, of September 13, 2004, page 9). Attempted discrediting of the local authorities is also seen - they are presented as incompetent people, who conceal the truth, are wrigglers, unfeeling bureaucrats, acting in a haste and to detriment of residents, taking no account of the aspects related to protection of environment. If the minister of environment visited the site even once he would have known the situation for a long time new. He would have known also that his subordinates cheat not only us." - says administrator of village Nieboczowy, Lucjan - Wendelberger (Dziennik Zachodni, No. 215, of September 13, 2004, page 9). ,,Haste accompanied action of the Head of Silesian Province who replaced administrator of Commune Lubomia and issued on July 5 a substitute location decision concerning construction of the Raciborz Dolny reservoir, acting in disregard of protects of the residents of Nieboczowy.." Source: Dziennik Zachodni, No. 215, of September 13, 2004, page 9 ,,Debating at their 6th meeting of the Assembly of May 25, 2005 in Commune DaLbrowa the Administrators and Mayors of Opolski County expressed their major concern with the impasse seen in activities related to implementation of the concept of the ,,Racib6rz Dolny" flood control reservoir on Odra River. Communes of the Opolski County, located along the course of Odra, were the ones that suffered most from the disastrous flood of 1997, and thus they are alarmed by lack of the proper flood protection and possible repeating of the cataclysm. (...) Particular anxiety is stirred by lack of effective actions of the State administration in preparation and coordination of this Proiect that is so important for the region. It is incomprehensible that the long-term talks and negotiations held with residents of village Nieboczowy yielded no solution so far." Source: httD://www.powiatoPolski.pl, ,,Position of the Assembly of administrator and mayors of Opolski County" C Ineffectiveness of negotiations conducted by local government authorities is met with criticism. ,,( ... ) I would like to mention few other matters. Representative of ZMiUW from Opole said that with the compensations becoming higher the matter might look differently. Perhaps the talks were not conducted properly. And in fact that was the case as I can tell you that there was a time - I repeatedly participated in meetings with the Regional Water Management Board - when residents asked questions concerning just compensations while representatives of the Regional Water Management Board answered that they could not tell relevant figures as they did not know the sums. Now of a sudden a meeting with Head of Province was organized, and the sums of compensations were identified - you certainly know the figures from the media - but the residents do not trust that any more. For many years they have been told that nothing is known and now, unexpectedly, within two months, they are to take decision, and are told that the ceiling rate, i.e. PLN 2.800 thousand per square meter of the flat, is to be paid, but it is difficult for them to believe that all that is true. (... ) I think that so far nobody of representatives of those cities that are to be protected, or Opole, or Wroclaw, met residents or communal authorities to discuss the issue. People are told that they should sacrifice themselves. Perhaps if somebody came and explained the actual facts and the ways of rescuing other people, etc., then the matter would look different. But nobody contacted them this way so far. I pass my words of thanks also the Starost of Raciborski Country as you, Sir, was late with this proposal. It is a pity you have not addressed us earlier. Chairman of the Council claims that meeting with the head of ... was not organized - but mister( Chairman you were not present there... Neighbouring Racib6rz Starosty, the first city to be protected, should participate in such a meeting. And I am truly glad that all people come to senses and want to meet us -it is a bit too late, but better late than never. 6 We were told here - I address Chairman of the Raciborski County Council - that the former administrator of | vrzyZanowice is not the proper person. I do not know if this is your claim as it appears to me that he is a long-term .al-government official, the very good one, while the matter of construction of the reservoir was simply not prepared in a proper way, and that was the case for a few years, and of the fault of the Regional Water Management Board. I do not want to say more about this matter as the discussion has been repeated so many times already. Perhaps the Regional Water Management Board come to their senses, but be informed that the residents oppose construction of the reservoir. They do not want governmental version, they want the social one." * Source: http:llwww.senat.gov.pl, Shorthand record (1241) of the 97th meeting of the Environment Protection Committee held on April 6, 2004; Statement by Deputy Administrator of Commune Lubomia, Maria Kibic. I ,,(...) I would like to refer to one more issue. In 2002 we organized the Public Committee for Defence of Village Nieboczowy, while since 1998 the Regional Water Management Board has not answered even one of our letters though perhaps a few dozen of them were sent. Collaboration is discussed but I claim that no collaboration is in fact the case, and practically contacts with the Consortium were banned though representative of the Consortium claimed at one of the village meetings that we were to consult to projects. The ban was actually introduced and we have documents to prove that. Thus I think that the Regional Management Board of Gliwice is the guilty one here * as with two designs drawn the matter of the Racib6rz would not be the case at all, and perhaps the only discussed 9 matter would the amount of money to be assigned to implementation of the Project. Source: http:llwww.senat.gov.pl, Shorthand record (1241) of the 97th meeting of the Environment Protection r 'ommittee held on April 6, 2004; Statement by Chairman of the Public Committee for Defence of Village aboczowy, Lucjan Weldelberger. In 2004 the reservoir location decision is to be issued to facilitate implementation of the Project, but administrator of I Commune Lubomia opted to go with the residents and refused issuing of said decision. Relevant proceedings were taken over by head of Silesian Province - Lechostaw Jarzebski - who lodged request of issuing of the Racib6rz Dolny reservoir location decision in early June 2004. Residents of Nieboczowy appealed against said decision. In September 2004 their appeal was rejected by Minister of Infrastructure. I "Administrator of Commune Lubomia, where village Nieboczowy is found, Czeslaw Burek, claims that he is not to sign the certificate of development. Without this document no works can be started at construction of the reservoir. I - It is the locals who elected me, and thus I must stay with them - explains administrator. (...) If he is not to sign the document than the head of province will replace him eventually. He will exercise his rights vested in him by the amended Land Development Act. Head of province promised to residents of Nieboczowy that during his term of office no displacement will be seen. - But such a decision can be taken by my I successor - he predicts. Now authorities want to negotiate with residents. - We can talk about reconstruction of houses, even by construction firms, by we need to sit to composed talks - calls Klepacz. They wait in Nieboczowy. After May 1 we are to become member of European Union. - Perhaps then they will offer us better prices of land. - If they did we might ponder - they say." Source: wwww.superexpess.pi, (fragment of qinterviews held by Piotr Wrobel for Moc/RMF-FM). I ,,Referring to public opposition the local administrator refused to take such decision. In July the head of province replaced him in this context by way of a substitute order. 150 appeals against said decision were received, lodged by residents of Nieboczowy and administrator of Commune Lubomia. The most numerous group of those who appealed claimed that the head of province violated their property rights, and that he took decision in disregard of alternative solutions. Minister of Infrastructure rejected said claims on the grounds that the public utility investment decision does not by itself violate the property right. Such a violation might possibly become the case later, in proceedings concerning I purchase of real estates found within the area assigned to the public utility investment project. And in turn objection to sale of real estate is of no effect on taking of the public utility investment decision. Minister of Infrastructure rejected also the claim that he disregarded alternative solutions." Source: Polish Press Agency, Local- government service httD:1lsamorzad.yap.com.pI, ,,Ministry rejected appeals of opponents of Racib6rz 3 reservoir", of September 26, 2004. ,,(...) Location decision concerning Racib6rz Dolny reservoir was issued by head of province Lechoslaw Jarzebski I early July this year. According to the law in effect this should have been done by administrator of the Commune where most of this investment project is located. But administrator of Commune Lubomia refused to issue such decision. It explained his position by protests of residents of village Nieboczowy, who opposed the investment. Thus according to the Act on Planning and Land Development the head of province institutes a substitute dministrative procedure concerning determination of location of the public utility investment of a nationwide importance, titled ,,Construction of the Racib6rz flood control reservoir on Odra River". 150 appeals against this decision of the head of province were received by Minister of Infrastructure. They were I divided into three groups. The first group of people / 17 appeals / claimed that proceedings were not valid as the head of province failed to notify the interested parties about their being in progress. In their opinion the head of 7 Il province taking said location decision violated the Act on Planning and Land Development by his acceptance of the incomplete application filed by the Regional Management Board in Gliwice, and the Environment Protection Act. In C C opinion of 17 appealing people the head of province violated also the regulations on protection of the national heritage resulting from lack of findings concerning protection and possible relocation of historical monuments, church and wayside shrines from areas of the construction. Minister of Infrastructure rejected said arguments. In his decision he accentuated that the parties were informed about the proceedings in progress while head of province acting in compliance with the law conducted relevant studies concerning hazards to natural environment. Referring to the claim of no interest in historical monuments the minister drew attention to the fact that issuing relevant decision the head of province charged the investor with a duty, to be realized before construction permit is issued, of stocktaking and photo documenting of the objects designed for demolition, as required by the Provincial Conservator of Historical Monuments. The other group of appealing people / 129 / claimed that the head of province violated their property rights and took decision in disregard of alternative solutions. Responding to these claims the minister accentuated that public utility investment decision did not violate the property right. Violation of this right might become the case at a later date, in proceedings concerning assumption, by way of contract, of the titles attached to the real estates found in the area assigned to public utility investment. And opposition to sale of real estate is of no effect on taking of the public utility investment decision. Minister of Infrastructure rejected also the claim of his not considering the alternative investments. Decision taken by the minister opened way for the investor, i.e. the Regional Water Management Board in Gliwice, for its starting of investment works /elaboration of construction design, purchase of lands and preparation of application for construction permit /." Source: Slaski Urzad Wojew6dzki httP:/lwww.katowice.uw.aov.PI ,,( ... ) 8leziak informed that currently all available legal avenues were subject to analysis, facilitating implementation of the investment. He offered no details, refusing to answer question if compulsory displacement of residents of -- Nieboczowy was possible. "The matter cannot be put this way as this would only aggravate the barriers faced in talks held with the local community (...). But I still can tell that with interests of a few hundred people confronted with interests of a few thousand residents threatened by the flood I will take a proper decision - said minister." Source: httD://euro.Dap.com.DlIcqi-bin/europaD.pl?qrupa=1&dzien=0&lD=53810 ,,Minister of Infrastructure rejected as unfounded all appeals of residents of village Nieboczowy and administrator of Commune Lubomia. This matter concerns construction of the Racib6rz Dolny reservoir that is to protect Racib6rz, Opole and Wroclaw against flood. Thus the decision issued by the head of Silesian Province was upheld. Residents of village Nieboczowy show the height reached by the flood of millennium as if they forgot that Racib6rz, found a few kilometers away, was flooded with water. Dramas and tragedies of people were suffered. They have been protesting against construction of the flood control reservoir for a dozen or so months now. 150 residents of the village appealed against decision that identified location where the reservoir is to be constructed. Meanwhile the Minister of Infrastructure rejected the claims as the investment is of a priority public utility investment character. In short - the reservoir will be constructed. Decision of the minister paves way for starting of the first investment works. Residents of Nieboczowy are free to appeal against this decision at Court. And it appears they will because they do not want to be resettled. European Union might offer Silesia the money for construction of this flood control (> reservoir - and the money is quite substantial. More than PLN six hundred million. When ready the reservoir is to offer flood safety to throughout the Odra River valley." Source: Edyta Tomaszewska, TVP3, October 7, 2004, ,,Raciborz reservoir will be constructed, minister rejected protests of residents subject to displacement". ,,Decision of head of Silesian Province on location of the Racib6rz Dolny reservoir that constitutes the main element of the flood control system throughout the Odra River valley, was upheld. Minister of Infrastructure has just recognized all appeals of residents of village Nieboczowy and that of administrator of Commune Lubomia as the unfounded ones, and rejected them. Let us remind that the reservoir location decision was issued early July by the head of province Lechoslaw Jarzebski. According to the law in effect the decision should have been taken by administrator of the Commune. But the latter stayed with the residents who oppose the reservoir. Head of province instituted thus the administrative proceedings concerning determination of location. 150 appeals were received by Minister of Infrastructure after that decision! Residents claimed among others that the decision taken by head of province was not valid of reason of the fact that the interested parties were not notified about proceedings in progress. But the minister rejected arguments of the residents. He accentuated that the parties were informed about the proceedings while the head of province completed relevant studies concerning hazards faced by natural environment. Investor was obligated to procure list and photo documentation of the objects designed for demolition. Decision taken by the minister will open way for the investor, i.e. the Regional Water Management Board in Katowice, for its starting of investment works. For the time being the construction design will be elaborated, purchase of land will be started and construction permit application will be prepared." Source: Dziennik Zachodni - 29.09.2004. 8 Governmental Plenipotentiary 1 for "Program for Odra 2006" Ref. No. PO.11.071 1/MS/12/2004 Wroclaw, August 11, 2004 Jerzy Swaton I Minister of Environment | Dear Sir, Giving consideration to "the flood control reservoir Raciborz on Odra River" I ardently 3 support efforts of the Head of Silesian Province targeted at attraction of land for construction of the reservoir and its operation. On July 5, 2004 the Head of Silesian Province issued decision that decided location of 3 the public utility project - the flood control reservoir Racib6rz on Odra river. The "Racib6rz Reservoir" complete with "Modernization of the Wroclaw Water System" constitutes the most important element of the Governmental "Program for Odra 2006". On October 2, 2002, to request of the Governmental Plenipoptentiary for "Program for Odra 2006" the "Racib6rz Reservoir" was entered in the central register of governmental tasks as the project meant to serve the supralocal public utility objectives. 3 The "Racib6rz Reservoir" is to offer flood safety to numerous places of Upper and Middle Odra. It is estimated that this reservoir, operated in conjunction with the system of reservoirs found on Nysa Klodzka, will bring about a radical mitigation of the Odra flood X wave from Racib6rz to Wroclaw, facilitating keeping of the current heights of embankments in place and protecting of all the larger urban centers (Racib6rz, Kozle, Opole, Wroclaw) without drastic interference with the historically shaped flood protection systems found there. We apply to you, Sir, with the kind request of your supporting activities of the Head of Silesian Province targeted at implementation of this so important public utility Project. Governmental Plenipotentiary For "Program for Odra 2006" I Stanislaw Lopatowski cc: f 1. Mr. Lechoslaw Jarzebski, Head of Silesian Province 2. Mr. J6zef Stadnicki, Director, RZGW Gliwice 3. Mr. Lech Poprawski, President of Provincial Environment Protection Fund and Water I Management in Wroclaw 4. Mr. Ryszard Kosierb, Director, RZGW Wroclaw 5. Ms. Joanna Gustowska, Director, Lower Silesia Management of Melioration and Hydraulic Facilities I1 I Il I I I I I I I I I I I I I l HEAD OF OPOLE PROVINCE Opole, 27.07.2004 | Ref. No.: SR I-MS-071 1-29/04 S Krzysztof Opawski Minister of Infrastructure ul. Chalubiniskiego 4/6 00-928 Warszawa I Dear Sir, Referring to the decision taken by Head of Silesian Province on location of the "Racib6rz" flood control reservoir on Odra River I present hereby my position concerning this matter. | Facing major importance of the "Racib6rz" reservoir for the Opole Province I fully support its planned construction The main purpose of this reservoir will be reduction of frequency of floods and volume of damage caused by them in the Odra River valley, and protection of both health and lives of residents of Racib6rz and Wroclaw. The planned flood capacity of the reservoir will reduce river flows down the reservoir, and this will facilitate in turn an improved efficiency in terms of containment of water within the existing flood control system. The reservoir is also supposed to delay cross-sectional culmination at confluence of Nysa Klodzka and Odra, thus reducing probability of having the 3 two flood waves superimposed and cause major damage as in 1997. Considering the fact that construction of the "Racib6rz" reservoir is the public utility investment of major importance for many thousands of people I declare hereby my full | support for implementation of this Project. Eng. Eugenia Zawadzka, M.Sc. by proxy of Head of Opole Province 3 Franciszek Stankala V DEPUTY HEAD OF PROVINCE cc: 1) Minister of Infrastructure 2) Chairman of Environment Protection Committee l I I, I I I i l l1 I i I l I I I I I I i County Starosty in Raciborz 3 Racib6rz, 20.07.2004 Ref. No.: WS.0715/5/04 I Krzysztof Opawski | Minister of Infrastructure I Dear Sir, Acting in capacity of proxy of Administrator of Commune Lubomia the Head of Silesian Province issued on July 5, 2004 decision on determination of location for flood control reservoir Racib6rz on Odra River in Silesian Province. This makes a historic moment for communes whose fate has been tied for centuries with Odra, and that experienced effects of the tragic 1997 flood. The reservoir is the most important element of the "Program Odra 2006". Its construction makes a condition of a complete flood control facilitated for residents | living in the areas of Upper and Middle Odra. This is why the Raciborski County Board fully supports actions of the Head of Silesian Province and counts on eventual implementation of this Project that is of a tremendous importance for flood safety of residents who live in that region, and of possible deciding effect on the local labor market. I SAROST Henryk Siedlaczak cc: 1. Minister of Environment Jerzy Swatoii 2. Head of Silesian Province Lechoslaw Jarzebski 3. Senator Adam Graczyniski ' - l Il 11 -c am I Voivodship Fund for Environment Protection a and Water Management (WFOSiGW) in Wroclaw Wroclaw, August 5, 2004 5f Ref. No.: WR BOZ-0700-16-732-04 3 Jerzy Swaton Minister of Environment Dear Sir, I want to inform that the Voivodship Fund for Environment Protection and Water Management in Wroclaw supports actions taken by Head of Silesian Province to attract land 5 for construction of the Racib6rz flood control reservoir. This Project is of a priority status amongst activities covered by the Governmental "Program for Odra 2006". The Racib6rz Reservoir is to offer flood safety to numerous locations in area of the U Upper and Middle Odra (among others Racib6rz, Kedzierzyn-Kozle, Opole, Brzeg, Krapkowice, Olawa, Wroclaw, Brzeg Dolny, down to border Odra). Said Project is currently in the stage of its preparation for the Cohesion Fund as the 31 (jointly with the Wroclaw Water System) sole flood control task, and is of a potential of having funds assigned by European Union. Of this reason I am of the opinion that actions of the Head of Silesian Province are highly significant and important for the public. g Best regards, President of the Board Lech Borkowski, Ph.D. cc: 1. Governmental Plenipotentiary for "Program for Odra 2005", Head of Lower Silesian I Province 2. Head of Silesian Province Mr. Lechoslaw Jarzebski 3. Mr. J6zef Stadnicki, Director, Regional Water Management Board in Gliwice a I. 11 I . I I f I I I I If I 11 i I I I I t~~~~~~~~~~~~~~~~I I I I ' l Appendix No. 2 do Resolution of Assembly of ZGSO No. XI/23/2004, dated November 9, 2004 Position of Commune Council in Popiel6w on necessity of construction of the "Racib6rz Dolny" flood control reservoir Appendix No. 1 do Resolution of the Commune Council in Popiel6w No. XIV/123/2004, dated April 28, 2004 I Taking into account safety of residents of Commune Popiel6w and other places located within those areas found on Odra River that face the threat of flood we apply with appeal to representatives of State administration, local governments, local communities, institutions and organizations for acceleration of work related to starting of construction of the Racib6rz Dolny flood control reservoir. The Racib6rz Dolny flood control reservoir is to offer an effective flood control in the Odra River valley, from Racib6rz to Wroclaw. Completed calculations signal that the reservoir is to 3 facilitate reduction of the disastrous flows down to a level, which with joint operation of the planned reservoir and the existing flood control system will pose no threat to urban agglomerations and rural developments along Odra River, in Silesian, Opole and Lower j Silesia Provinces. The disastrous 1997 flood brought about a huge material damage. It broke also the feeling of X safety in residents of the places that neighbour on Odra River. Many families lost their lifetime properties. Now those people live in uncertainty. They are afraid they might lose what they won in the last years. We are alarmed by the prolonged works related to repair of the flood embankments, while construction of the Racib6rz Dolny Reservoir, that was supposed to be the priority investment project of the Odra 2006 program, was not started at all. From the information we received it results that dragging talks held with residents living within the reservoir area prevent starting of any construction work and benefiting from funds of the European Cohesion Fund designed 3 for financing of this Project. We understand that residents of the areas for resettlement face a difficult life decision. But as 3 long as the flood control reservoir on Odra River is missing the lifetime property of many people can be taken away by the next "high water". Let us not forget that it is not only the property at stake but also human life that is of the highest value. In the 1997 flood few dozen I people perished. The Council of Commune Popiel6w expects that construction of the "Racib6rz Dolny" flood I control reservoir will be seen as the priority project by authorities that are responsible for flood control in our country, and that in immediate future decision are taken, facilitating 1 starting of this investment that so important for all community. Chairman of Assembly of the Union of Communes of Opole Silesia *' I I I i I i I I I I i I I I I I I~~~~~~~~~~~~~ ANNOUNCEMENT Regional Water Management Board 3 in Gliwice is glad to invite to participation in a public discussion concerning the report that was prepared by a team of experts to order of the World Bank. Said report deals with land acquisition and resettlement plan related to construction of the "Racib6rz Dolny" dry flood reservoir in the line of the project "Odra River Basin Project". A complete text of the report is available at the Gmina Office in Krzyzanowice, Gmina Office in Lubomia, Gmina Office in Komowac, City Council Office in Racib6rz, RZGW Inspectorate in Racib6rz and registered office of the RZGW Directorate in Gliwice. A Summary of the report was mailed to all interested residents of the villages. Said document will be delivered also to owners of the lands planned for occupation by the constructed reservoir. The document is also available on the Internet: website www.rzgw.gliwice.pl (Polish language version) or www.wds.worldbank.org (English language version). Remarks and proposals concerning report will be collected in writing at the RZGW Inspectorate in Racib6rz, ul. Towarzystwa Gimnastycznego "Sok6l" 18. They can be delivered personally or mailed till June 22, 2005. The invitation to participate is extended by the Regional Water Management Board in Gliwice, representatives of the World Bank I Project Coordination Unit and other institutions involved in preparation of the project, and Jacobs GIBB as authors of the report. l I II I I I U l I I I I I i i I I I I!s I l REGIONAL WATER MANAGEMENT BOARD IN GLIWICE ul. Sienkiewicz 2, 44-100 GLIWICE 3 Dear Sirs and Madams, Regional Water Management Board in Gliwice is pleased to invite you to participate in a 3 public discussion concerning report that was prepared by a team of experts to order of the World Bank. Said report deals with a land acquisition and resettlement plan related to construction of the "Racib6rz Dolny" dry flood reservoir in the line of the project "Odra River £ Basin Project". Enclosed please find a summary of the report that allows you to familiarize yourself with 3 relevant problems. The text of the plan is also available on the website of the Regional Water Management Board I in Gliwice: www.rzgw.gliwice.pl. The English version can be found in turn on the website of the World Bank: www.wds.worldbank.org. The complete text of the report is available at the Gmina Office in Krzyzanowice, Gmina Office in Lubomia, Gmina Office in Komowac, City Council Office in Racib6rz, RZGW Inspectorate in Racib6rz and the registered office of the RZGW Directorate in Gliwice. A copy of the plan will also be delivered to the Rector of the Saint Joseph the Worker Parish in Nieboczowy village. 3 For other information concerning resettlement plan phone Inspectorate in Racib6rz, phone Nos.: (0-32) 415-46-71 and (0-32) 415-49-02. 3 Remarks and proposals concerning the report will be collected in written form at the RZGWInspectorate in Raciborz, ul. Towarzystwa Gimnastycznego "Sok4l" 18, till June 22, 1 2005. F We invite you and truly count on your active participation in the discussion. Gliwice, May 2005 Director 3 J6zef Stadnicki I l I l I I I I I I I I I i I l I JACOBS GIBB 3 Warsaw, May 31, 2005-07-21 Dear Sir / Dear Madam, All those who reside or hold lands in the area of the planned "Racib6rz Dolny" flood control reservoir are invited to study the summary of the Report that the team of JacobsGIBB experts 3 worked on from September 2004. Our objective was to collect and put in order of all the information that honestly describes the situation found in that area. The Report we present to you is a particularly important document that analyzes changes related to the big construction project that is about to be started - the changes that are to affect your status, and also the living conditions and safety of millions of people who live in this region of Poland. We decided to concentrate in our Report on a few issues. First, we wanted to put in order the information concerning ownership status of lands planned for purchase. Proceeding with relevant stocktaking we revealed many inaccuracies, as in many cases we deal with more than one owner of land plot, and at the same time given person can be an owner of more than one plot. So relevant data, supposed to serve the purpose of having the real estate purchase policy systematized, are approximate only. Our attempts covered by the stocktaking process included also description and appraisal of all the property items of those farmsteads that are to become the ones of the reservoir bowl. This proved to be difficult as surveys of 1998 and 2002 are incomplete or even out-of-date in parts. I Second, the most important legal circumstances of the Project were examined. It was found that regulations of the Polish law and policies adopted by the World Bank show no significant disparities as far as identification of people who are eligible to compensation, or methods I applied in determination of the amount of compensation are concerned. The eligible sum of compensation for a residential real estate amounts to a cash that is equal to the market value of the real estate, increased by costs of moving and extra costs related thereto, or takes a form I of other residential object and land that matches the current real estate in terms of area and value, or a form of cash and land that matches market value of expropriated real estate, m including compensation of the costs of moving and other costs related thereto. Other real I - estates vest in the right to cash calculated according to market value of the real estate that is subject to takeover. Purchase transactions completed so far by the RWMB are in full agreement with the above-discussed rules, and will not be changed after the project financing 3 by the World Bank is launched. Third, we wanted to register attitudes and expectations of the social groups that - directly or indirectly - are affected by the planned Project. There are two groups of farmers that are particularly important for us. The first one, are the residents of Ligota Tworkowska and Nieboczowy who are covered by the resettlement plan. This group requires treatment with a particular care because leaving the land of ancestor constitutes a painful experience. This I group includes both elderly and younger people, single-generation and multi-generation families, wealthier and less wealthy farmsteads, including even those that generate 100% of their income from farming. It is thus necessary that the approach to each family is made * individually. Farmers who feel more secure in terms of living or in terms of economy have sold their farms by now or are ready to negotiate. The decision to move can be accelerated by finding a new homestead, and by the fact of your having ample time to leave the old farmstead. Thus, with the sale contract signed and the cash paid each one of you will have a . J i I~ few years time for a quiet erection or repair of the new house. Other farmers, feeling anxiety, are yet to become ready, but still they must face continuation of the Project. Thus talks 3 between the investors and the residents are required, intended to find the best solutions, including new housing estate and new lands off the reservoir, facilitating agricultural production. In our opinion the Association for Protection might become here an initiator and 3 co-organizer of activities targeted at offering help to poorer farmsteads, combined with drawing the Investor's attention to relevant proper solutions. The other important group of farmers is the land holders residing in villages outside the planned reservoir area. For them, the Project constitutes a risk of lost income. Sociological interviews held with representatives of this group, residing in Biefikowice or Sudola, revealed significant disparities in positions assumed in reference to the sale of land plots found within the "Racib6rz Dolny" reservoir. Owners of smaller lands are ready to sell, followed in general by those who do not link the future of theirs or their children to farming. "Bigger" farners - those who generate very good production results, as good as those in the European X Union - have more doubts. They are businessmen who are ready to invest - not to weaken their resources. We know that they should be offered conditions that are conductive to I development, through facilitation of purchase or swapping of land so that their production suffers no detrimental effect and continues to be competitive. In the Report, the summary of which we mailed to you, we attempted to include the most important social problems that may not be skipped in the search for solutions to be applied in this region. They include, for instance, facilitation of uninterrupted operation of the Shelter- Home for the Homeless "Arka", and many other issues related to the protection of people that are economically weaker. We encourage residents of Nieboczowy and Ligota Tworkowska to ponder particularly on the conditions that should be met by the new housing estate. You have now the chance that will not come again. The housing estate can be planned in a way that offers to its residents the proper living conditions, or even improves that current standard. * We wait for your remarks to the Report. Kindly request their personal delivery or mailing in writing to the following address: Regional Water Management Board in Gliwice, W Inspectorate in Raciberz, uls Towarzystwa Gimnastycznego "Sokol" 18, 47-400 Raciborz. We will be ready to serve you should you want to hold an information meeting concemring this Report. Best regards, VICE PRESIDENT 3 Dr. Eng. Jakub Loch J l I I I I I I i I I I , I i 1- GOVERNMENT OF RESIDENTS RECEIVED of Village Nieboczowy 21.06.2005 Nieboczowy, June 15, 2005 | Reg. No. 770 ORDINARY COMMITTEE Regional Water Management Board "Commiittee for Protection of Village Gliwice Nieboczowy against Displacement" Water Protection Inspectorate 3 44-360 Nieboczowy in Racib6rz ul. Wiejska 42 Remarks and proposals of the residents of Nieboczowy pertaining to RAP Report We, undersigned residents of Nieboczowy, present the following remarks to the above-mentioned Report: 1. On page 1-2, under par. 1.4, we can find a claim that the public scenario of reservoir construction was rejected of reason of the problems faced with drainage of surface waters and substantial risk posed to safety of residents. Nieboczowy does not have natural water courses and the sole surface waters are from precipitation. Nieboczowy U is situated on flat land and thus drainage of rain waters causes no problem, while construction of a pumping station is expensive neither in terms of the construction process nor in terms of operation, whereas as far as the risk is concerned it can be found on the same page that the "Racib6rz Dolny" reservoir "is to remain dry save for the periods of flood wave when it is to be filled with water for a term from a few days to a few weeks". "Risks" similar to the one that is seen Nieboczowy will be faced by such places like Buk6w, Lapacz or the city of Racib6rz. Once the Investor expects risks to become the case in Nieboczowy, it should expect even more pronounced risk being the case in Racib6rz as the city is located at a much lower elevation. With the 5 regular rise of water - like in, e.g., 1977 or 1985 - the reservoir is to be filled to a minor percentage, while the truly high rises of water (like in 1997) can happen equally well in a perspective of 100 or 300 years. Report expects that the value of our real estates is to decrease, though value of real estates located close to attractive recreation areas (and such areas are to be established here in the future) is not decreased but is definitely up. 2. On page 2-4 the "Committee for Protection" is charged with its stimulating reluctance * to collaboration with the Investor. We declare hereby that both the Committee and the residents do want to collaborate with the Investor, though still said collaboration should not be based on enforcement of will of the Investor and the authorities. We * demand that we are treated not as a needless thing that should be removed as it hampers implementation of the noble Project. So far the Investor and the authorities used to dictate their will in neglect of consulting with residents or taking their * proposals into account. The public scenario of reservoir construction was rejected by the Investor without any consulting. We have not been even officially informed about the fact. We understand that the sick Polish administrative law makes us become an I object, and allows such a treatment by authorities. But the treatment gives rise to resistance that is to remain in place as authors of the Report expect. I l .I= I I J I I I I I I I What are actually the grounds of accusation by authors of the Report who claim that members of the Committee induce reluctance to collaboration with the Investor and 1 the research team? 3. It is inadmissible that the Committee is admonished to take care of "assistance required by the weaker households". The "Committee for Protection against I Displacement" was organized to pursue the objective declared in its name, its holds its statute and has a defined scope of activity. 4. Special attention should be paid to locations of the new settlement (village?) for the I thrown out residents, as proposed on page 5-1. This makes in our opinion a mockery, an expression of contempt and desire to humiliate the residents - just to show who actually is in control. On one hand the public option of reservoir construction is rejected by reference to alleged risks and negative climatic changes to be faced by resident who remain in Nieboczowy behind embankments, while on the other hand the location proposed for the new settlement the chased-out people are to settle in is found 3 in direct vicinity of the reservoir embankment. And the area is definitely wet, marshy, features soils of a very low category, located in vicinity of meat processing facility that disseminates an unbearable stench in the surrounding. It is strange that authors of the Report do not see any risk in this case. This makes truly a unique chance to improve living standard, as can be read in the RAP Report. 5. Valuable qualities of the Tworkowski Forest are mentioned on page 2-2. How the Investor is to protect this unique forest complex against its degradation resulting from exploitation of gravel deposits? 6. Farm owners who are to lose their land ask a question of where are they to be offered the new land for continued farming (this concerns also farmers of less than 5 ha.)? I 7. RZGW and authors of the Report accentuate that particular assistance should be offered to those residents of the resettled villages who suffer from diseases or are simply resourceless. We demand that plan is presented, showing activities that are I currently being conducted in this province, and that physical methods of implementation are shown. Even now one can see a substantial group of people who need medical assistance, and there are a number of other people who are to become U homeless in a few months resulting from purchase and demolition of houses by the RWMB. 8. Residents demand that the sum paid by the Investor for elaboration of the RAP Report is made known. 9. Residents wait for response to our proposals and remarks within the statutory time- limit. l Representative of Village Nieboczowy Appendix: Lucjan Wendelberger 1 Appendix: I1. List of signatures of people who present these remarks and proposals. I I I l J I I , I I I I I i I j COUNTY DIRECTORATE OF ROADS in Wodzisla Sla,ski 3 with its registered office in Syrynia Syrynia, 21.06.2005 PU-0513/1934/148/2005 Regional Water Management Board I in Gliwice RECEIVED Inspectorate of RZGW in Raciborz 22.06.2005 Ul. Towarzystwa Gimnastycznego Reg. No. 779 "Sok6l" 18 47-400 Racib6rz Re.: report concerning land acquisition for construction of the "Racib6rz Dolny" dry flood reservoir I. Being a structural unit of Wodzislawski County the County Directorate of Roads proceeds with its operations according to Statute bestowed by way of resolution adopted by * the County Council, and according to legal regulations in effect. As stipulated by the Public Roads Act of March 21, 1985 (final text, Journal of Law, 2004, No. 204, item No. 2086, as amended) the County Directorate of Roads proceeds with a free-of-charge lasting * administration of lands found within roadway occupied by road S 5052 - Paprotnik Street, Wiejska Street in Ligota Tworkowska - that crosses Lubomia, Nieboczowy and Ligota Tworkowska. Both the road and its accompanying infrastructure are in good technical I condition as they were subject to repair financed from the "Flood Funds", while in 2001 in Ligota Towrkowska the road pavement was reconstructed, thus signaling that the actual value of the above-mentioned assets has increased. 5 Facing the well advanced activities related to implementation of the investment project that provides for construction of the "Racib6rz Dolny" dry flood control reservoir, and taking into account the contents of the Report you delivered, concerning purchase of land in that area d for implementation of the Project, and seeing your failure to consider issues pertaining to the county roads located in that area, I kindly request your presentation of the formal-legal solution that is to be applied in reference to land occupied by the county road, including items of tangible assets that are found there - all that in context of acquisition of land for implementation of the above-mentioned Project. CDR - files DEPUTY DIRECTOR, Engineering Eng. Tomasz Kasperuk, M.S. l l l I Bienikowice, 20.06.2005 3 (Handwriting: OWNERS OF LAND FOR CONSTRUCTION OF RESERVOIR REGIONAL WATER MANAGEMENT BOARD IN GLIWICE I INSPECTORATE IN RACIBORZ UL. TOWARZYSTWA RECEIVED GIMNASTYCZNEGO "SOKOL" 18 w ~~RECEIVED 23.06.2005 3 Reg. No. 783 Referring to the letter of May 2005 we are glad to declare our will and readiness to agree to, sell or exchange land through negotiation. The current value of arable land averages between PLN 10 - PLN 35 a sq.m. It is within this price range that we are ready to sell the land to you, followed by execution of Notarial Contracts. As far as land replacement is concerned, we are interested solely in the lands I located around our village, now owned by the Agricultural Agency and used by leaseholders. We are interested solely and exclusively in binding and factual proposals. We will participate in meetings concerning land sales accompanied by Attorney Marek I Gruszka of the Law Office in Racib6rz, who holds full power of attorney vested by participants of the proceedings from Bienikowice. We request you to state the location and date of the negotiation meeting concerning land sale I and exchange. Regards, 3 1. Herber Maria, Norbert - land exchange 2. Karpisz Ewald - land exchange 3. Korczak Daniel - land exchange 4. Sztuka Jan - land exchange 5. Barcioga Andrzej - land exchange 6. Jerzy Klara - land exchange 7. Koczy Rajmund - land purchase 8. Solich J6zef- land exchange 9. Walter Sylwia Witeczek - land exchange 3 10. Koza Pawel - land exchange l l j I i l I I I I I 3 Appendix E - Proposals for public related actions l 1. Letter to inhabitants (draft) 2. Proposed plan of broadcasting * 3. Proposed contents of the web site I I l I IIIII i i i I i I i I I I I I I i i f i I I I i I' E. 1. Proposed letter to inhabitants 3 Dear Residents, 3 The Racib6rz Reservoir Project is about to reach its crucial stage. We do know that your leaving the lands required by the planned reservoir is the decision that is both traumatic and difficult. To be prepared comprehensively in each individual family the decision requires time I and prudence. A calm talk is one of the most important conditions when it comes to solving of a difficult situation. And for this everyone needs an objective and true information. We want to provide I this information so that everybody finds the solution that is to offer to his or her close ones the dignified life in a new place. | What are the facts? (1) On July 5, 2004 the Head of the Province issued location decision that opens way to _ construction of the Reservoir in this area. The Project is a long-expected investment that is to protect hundreds thousand people against large flood. The reservoir is to give 3 people safety, normal family life and work without feeling of a permanent threat. (2) A part of the residents appealed against the location decision: 159 applications were received by the Minister of Infrastructure who upheld the decision taken by Head of I the Province. 18 appeals were lodged at the final instance, i.e. at the Supreme Administrative Court - they are yet to be examined. This however does not stop 3 realization of the Project that is implemented according to the decision of July 5, 2004. (3) A gradual sale of households in the two villages takes place. RZGW has already bought most of the households in Ligota Tworkowska. Intensive negotiations are held I in Nieboczowy where 8 more households were bought. Terms of the purchase are seen as attractive ones and thus more households become interested in sale of land and real 3 estates. | Our proposals (1) In March 2005 a special website will be opened - www.xyx.pl. You will be able to find there the current information concerning the Racib6rz Reservoir Project. The website was designed in a way that offers to all the chance of asking a question of interest or presenting opinion. (2) ,,New Nieboczowy". Establishment of the new village depends exclusively on your interest. Special funds were assigned to this project. Three possible locations will be 3 presented in the land development plant that is to be (was) (?) approved by the Communal Council of Commune Lubomia in the first quarter of 2005. www.xyx.pl website is to serve also the purpose of consultations concerning this matter. (3) It shall be allowed that important objects, like church in Nieboczowy or cemetery, are moved to the location of your choice. New Nieboczowy might prove to be the best location here. I I (4) You will be offered all possible assistance by both the Commune Lubomia and the RZGW in Racib6rz. This assistance concerns legal consulting, meetings with real estate surveyors, and also other matters you report. (5) All of us should take care of the lot of people who are lonely, sick, have no aid offered or are in a difficult material status. This is why we ask even now that you report all such cases to us - by mail, through Internet or directly. Having enough time we are able to arrange for a proper assistance required by such people or even families. We do hope that 2005 and the next years will the ones of agreement that is to facilitate our collaboration. We are confident that with such a spirit we are able to achieve (incomplete sentence in the Polish original - transl.) We want to assure you that we will make all efforts to see that each individual resident of Nieboczowy and Ligota Tworkowska is harmed as least as possible by the big construction that is to change for better the life in our region. (' I E.2 Proposed plan of broadcasting The following reports and other broadcasting are proposed by RZGW for local ,,9OFM" radio action: First day - the history of the river. 1. Sources of the river. 2. Odra - how populations were created along it over a span of ages. 3. Agriculture and industry times ago * 4. Odra - a destructive element - floods over ages. 5. How people protected themselves against flooding in the past. 5 6. 1997 flood - damages and costs. Second day - why ,,Racib6rz Dolny" reservoir? 1. Existing flood protection system in Odra river basin. I. - storage reservoirs warning systems/ monitoring - evacuation and residents protection plans 5 2. Shape and size of the reservoir (why here? Maybe bigger?) 3. Reservoir - myths and facts. 4. Stages of flood protection system development * Third day - costs and financing 1. Sources of project financing. 2. Planned rendering procedures and potential contractors. * 3. Reservoir as place of work for local population (subcontractors, ancillary works). 4. Licenses for gravel excavation - forecast (Voivode position) * 5. Infrastructure - roads, construction yard etc. 6. Transport and everyday life inconveniences for local residents. 5 Forth day - social costs of the project - resettlement. 1. Forms of compensation for land and property owners - cost estimates (basis, rates, etc.) 1/~- 2. Proposed location - advantages for local authorities. 3. Local conflicts (protests, terrifying those who decide to sell their property/ who did make a profit of protests? * 4. Transfer of religious property. Fifth day - phone consultation The experts will be on duty at broadcasting studio from 9:00 AM till 1:00 PM I and they will answer listeners questions. The repeating issues will be discussed on the air in the normal course. l I l .1 t I I I I I I I I I I I I I I E.3. Proposed contents of the web site The website should consist of the following subjects. a Technical information (engineering): type, capacity, construction, drafts, designs, purpose, investor etc. * Environmental information, (losses, benefits), environmental protection measures, documents connected with environmental protection * Commercial information concerning prices, land and property evaluation methodology description * Sociological information concerning surveys results, analysis of opinions and forum contents | * Others - photos, interesting facts Website should not be static only. It should be updated at least once a week to provide current information. It should include forum page, questionnaires, *. advertisements, gallery, news. To achieve that there has to be a person, who will take the responsibilities of website manager - moderator. (a) Reservoir website should be: * A tool of fast communication between investor, advisors, local | authorities and local society, especially inhabitants of gmina Lubomia - Inhabitants of Nieboczowy and Ligota Tworkowska in particular; * concerning only Raciborz Reservoir; having its own web address - have a domain specially bought by RZGW, but with all the thematically connected links to chosen institutions; | * not identified directly with RZGW (time is necessary to restore thrust to the Investor) (b) People approached: * Flood Plain residents, their families, other people directly affected by the investment * * RZGW employees and other people from the Investor's side ) * Consultants, scientists, experts (Jacobs) and other people meritorically connected with the project I * Media representatives looking for the up to date information * "Politics" - local level, deputies, voivodship administration | * People interested in hydraulic structures * * ,,Ecologists" - people for and against dams * Project Coordination and Financing Institutions representatives- easy way to monitor progress of the construction of the reservoir (c) The proposed website should consist of: * Main Page - a general description of the role and purpose of the project with all the information concerning technical, legal and socioeconomic aspects plus the end result, socioeconomic and environment benefits 3 coming out of the project. * Activities - would give the information about full history of the project as well as the future plans. Three separate items should be established ~~~~~ ~~~here: i I. - past - ongoing - future * Legal - Public would be able to find here all the official documents: decisions, expertises, legal acts * Schedule of planned work - detailed plan of work would allow people to be prepared for certain phases of work and would increase level of security (full picture of the project and the consequences of it) * FAQ (Frequently asked questions) - frequently asked questions are crucial. This tool allows to quickly find answers to the most important questions * Forum Page - asynchronous communication - a tool, which would allow asking questions and getting answers to them from qualified interlocutor as well as adding comments on any issue discussed on this page. In the contrary to "Live chat" - (synchronous communication), moderation is intermittent here so it does not require full time work and it also allows to view the history of discussions - important tool of monitoring views on the project. Inhabitants of affected villages who are in strong opposition to the resettlement, who would not take any part in sociological surveys would feel more secure to share views on the Forum then answering questions in face-to-face sociological survey. To provide them with security of not being tracked by name and that their names are not going to be used by someone else, login and password have to protect every person. * Questionnaires - would enable Investor to gather information concerning inhabitants as well as their opinions in the most comfortable for them way, without stress connected to visits of external consultants in their houses. * About us - description of the Investor, contact people. ( ' * English summary * Internal sub page - this zone should be protected again by having special login and password. Internal reports for example from the updated electronic database could be stored here. Only entitled persons would be able to access this part. Having this database on the website would be a big help in monitoring the project.