SFG1976 0 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Project: Federation of Bosnia and Herzegovina Road Sector Modernization Project Report: Resettlement Review and Audit Report Prepared for: Public Company Roads of Federation of Bosnia and Herzegovina Consultant: Enova d.o.o. Sarajevo 1 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Table of Contents 1. Executive Summary ....................................................................................................................................... 3 2. Brief Description of the Project ...................................................................................................................... 5 3. Methodology / Approach for the Resettlement Review and Audit .................................................................. 8 4. Legal Framework for Land Acquisition in FBiH ............................................................................................. 10 5. Project Impacts............................................................................................................................................ 13 6. Description of the Land Acquisition Process ................................................................................................ 21 7. Key Findings, Conclusions and Recommendations....................................................................................... 25 Annex 1 – Interview Log ....................................................................................................................................... 31 Annex 2 – Questionnaire Used for Primary Data Collection .................................................................................. 33 Annex 3 – Summary of Census/Inventory Database .............................................................................................. 31 Annex 4 – Summary of Socio-economic Survey Data ........................................................................................... 52 Annex 5 – Detailed Description of the Key Provisions of the Law on Expropriation of FBiH .................................. 55 Annex 6 – Example of Official Property Valuation ................................................................................................ 58 List of Tables Table 1: Disputes Related to the Expropriation Process ........................................................................................ 23 Table 2: Key Findings Regarding the Land Acquisition Process ............................................................................ 25 List of Figures Figure 1: Administrative Organization of BiH, source: ENOVA ............................................................................... 6 Figure 2: Map of the Project Area ........................................................................................................................... 7 Figure 3: Percentage Distribution of Land Plots by Type of Land in the Sample (N=30, 23.8%) ............................. 13 Figure 4: Map of Project Area based on the Map of Land Capability Classification ................................................ 14 Figure 5: Map of Project Area based on the Map of Settlements .......................................................................... 15 Figure 6: Percentage Distribution of Auxiliary Structures in the Sample ............................................................... 15 Figure 7: Percentage Distribution of Natural Objects in the Sample ..................................................................... 16 Figure 8: Map of Project Area based on the CORINE Land Cover (2011) ............................................................... 16 Figure 9: Percentage Distribution of Land Plots by Type of Land in the Sample ................................................... 18 Figure 10: Percentage Distribution of Natural Objects in the Sample ................................................................... 18 Figure 11: Level of Satisfaction with Information Provided During the Process of Expropriation ........................... 20 2 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 1. Executive Summary The Government of the Federation of Bosnia and Herzegovina (FBiH) has launched the overarching FBiH Modernization of Main Roads Program to ensure adequate road infrastructure by 2020. In the framework of the mentioned umbrella Program, the Public Company “Roads of FBiH” (PC Roads FBiH), a limited liability company wholly owned by the Government of FBiH, has initiated the FBiH Road Sector Modernization Project (the Project). The Government of FBiH has supported the initiative to ensure credit resources from International Financial Institutions in the amount of up to €150 million, including EUR 103.38 million from the World Bank (WB) and the European Investment Bank (EIB). This Resettlement Review and Audit Report (RRA) covers 2 sections of the road Neum – Stolac (M 17.3) located in the Herzegovina-Neretva Canton, as follows: Section Length Status of construction Status of land acquisition 1 Stari Neum – Kisevo – 5.6 km Construction has been Land acquisition has been completed entirely, and Babin Do (Tunnel completed, and the compensation paid to all land owners. Ostrovac) final layer of asphalt The land acquisition process was initiated in 2005 and remains to be placed. completed in 2012 (conducted in three stages: 2005- 2007, 2007-2010 and 2011-2012). 2 Babin Do (Tunnel 6.4 km Construction has not Land acquisition was initiated in 2012. Land acquisition Ostrovac) – Brocanac been initiated to date. has been completed to a great extent (80.52% of all land owners were paid): the Decisions on Expropriation have been issued for all land plots; however, the negotiations regarding the amounts of offered compensation and the payment of compensation have not been entirely completed. On-site evaluations have been completed for all land plots, and PC Roads FBiH has sent monetary offers in written form to all affected people, and the only remaining step is meeting with individual owners and establishing an agreement about the compensation (which has been slowed down by the fact that some of the land plot owners do not live in the Project area and their arrival is expected). It is expected that the entire process will be completed by the beginning of 2016. This RRA therefore covers all of the land plots in this section, including those whose owners have been sent monetary offers and are still in the negotiation process. RRA of project-related land acquisition for the Neum - Stolac was conducted in the period November – December 2015 for the purpose of demonstrating compliance with the requirements of both the local legislation governing the process of land acquisition and the World Bank Operational Policy on Involuntary Resettlement (OP 4.12). The land acquisition process included only the acquisition of land plots for both sections, without physical relocation of households or businesses.A total of 126 land plots on a total area of 181,830 m2 were acquired for the needs of the first section, and 62 land plots on a total area of 114,656 m 2 for the second section. Affected auxiliary 3 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report structures on land included mainly stone walls and retaining walls. According to data from the Land Cadaster, a total of 18 land plots (14.2%) were identified as crop lands in the first section and 17 land plots (27.4 %) were identified as agriculture lands (crop lands, farm lands and plantations) in the second section.There were 775 PAPs registered in land registry books, of which 338 were identified as factual owners/users1 in the first section (phase 1) .517 PAPs were identified in the second section (phase 2). The process of identifying the factual owners and users is described in more detail in this RRA under Chapter 4: Legal Framework. The process has been conducted entirely in line with the Law on Expropriation of FBiH. In general, the provisions of the Law and the good practice of the PC Roads FBiH and the Municipality of Neum throughout the land acquisition process are broadly compatible with WB requirements. The analysis conducted indicates that the land acquisition activities have been carried out adequately by the competent authorities, and no serious or major gaps in terms of OP 4.12 have been identified. The identified gaps refer mostly to existing practice that has not been formalized in an adequate manner, such as the grievance redress mechanism, as described in more detail in Chapter 7 (Key Findings, Conclusions and Recommendations) of this RRA. It is recommended that these gaps are addressed through corrective actions in future land acquisition/resettlement processes. The good practice implemented by PC Roads FBiH is an indicator of an efficient implementation of the land acquisition process, even though it is necessary to formalize certain procedures, as elaborated in more detail in Chapter 7. 1It should be noted that the factual situation with regard to use of land does not correspond to the registered use of land in practice, due to the fact that owners or users of land plots do not report such changes to the competent municipal authority in cases of changes in the culture or class of plots, and hence the number of total PAPs does not in fact represent the actual number of affected owners/users. The factual number was determined by the Municipality on the basis of factual site conditions and statements of users and owners. 4 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 2. Brief Description of the Project The Government of the Federation of Bosnia and Herzegovina (FBiH) has launched the overarching FBiH Modernization of Main Roads Program to ensure adequate road infrastructure by 2020. In the framework of the mentioned umbrella Program, the Public Company “Roads of FBiH” (PC Roads FBiH), a limited liability company wholly owned by the Government of FBiH, has initiated the FBiH Road Sector Modernization Project (the Project). For this purpose, it has requested the Government of FBiH to ensure credit funds from International Financial Institutions (IFIs). The Government of FBiH has supported the initiative to ensure credit resources from IFIs in the amount of up to €150 million, including €103.38 million from the World Bank (WB) and the European Investment Bank (EIB). The Borrower will be the Ministry of Finance and Treasury of Bosnia and Herzegovina (BiH), whereas the agency responsible for implementing the Project on behalf of FBiH will be PC Roads FBiH. The Project comprises several small and mid-sized investment schemes including:  Construction of new sections of roads  Improvement the road elements within the existing corridor  Construction of third lane to be used by slow vehicles  Reconstruction of the carriage-way structure, axis corrections  Elimination of road safety black spots and dangerous locations  Improvements of the bridges and tunnels. The Project is expected to reduce the number of road accidents, reduce local pollution generated by transport sector and vehicle operating costs, and improve road connectivity and safety, thus facilitating trade, enabling tourism development, providing local communities with better access to social infrastructure such as hospitals, supporting private sector development, promoting regional and national economic growth and contributing to economic and social cohesion in the region. Administrative Structure of BiH BiH consists of two entities: Federation of BiH and Republika Srpska, and a separate administrative unit under the exclusive sovereignty of the State (Brcko District). FBiH consists of ten Cantons which are further divided into Municipalities (Figure 1). There are 79 Municipalities in FBiH. 5 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Figure 1: Administrative Organization of BiH, source: ENOVA Description of Sub-projects This Report covers the following two sections of the road Neum – Stolac (M 17.3) located in the Herzegovina- Neretva Canton: 1. section Stari Neum – Kisevo – Babin Do (Tunnel Ostrovac) (length = 5.6 km) – construction has been completed, and the final layer of asphalt remains to be placed; and 2. section Babin Do (Tunnel Ostrovac) – Brocanac (length = 6.4 km) – construction has not been initiated to date. The Project area represents a stable karst terrain, with alternate Mediterranean and sub-Mediterranean climate and high solar insolation. It has low rainfall, higher average annual temperatures than the continental regions, long vegetation periods, and greater windiness. These features have direct impact on the development of vegetation specific for this area – green forests and maquis shrubland, holm oak, etc. The population of the Municipality of Neum is 4,364 persons, with a population density of 19.4 persons per km 2. The total number of settlements in the Municipality of Neum is 27. 2 2Source: Federal Development Planning Institution (2015). Socio-economic Indicators by Municipalities in FBiH in 2014. Sarajevo. 6 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report The map of the Project area is provided below. Figure 2: Map of the Project Area Purpose of the Resettlement Review and Audit The Resettlement Review and Audit (RRA) of project-related land acquisition for the Neum - Stolac was conducted in the period November – December 2015 with the purpose of documenting the results of an assessment of the land acquisition process implemented by PC Roads FBiH within the framework of the Project and obtaining an overall understanding of the process of land acquisition conducted to date. It is provided for the purpose of demonstrating compliance with the requirements of both the local legislation governing the process of land acquisition and the World Bank Operational Policy (OP) on Involuntary Resettlement (OP 4.12), with particular emphasis on the fairness of the process followed and the appropriateness of compensation provided, and identifying any key issues and potential non-compliance of the process. 7 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 3. Methodology / Approach for the Resettlement Review and Audit The tasks that were conducted for the review and audit included: 1. Review of available documentation provided by PC Roads of FBiH and the Municipality of Neum, including the Expropriation Studies3, Decisions on Expropriation4, Property Valuation Reports5, Reports on Compensation Paid6 and Agreements on Compensation 7; 2. Analysis of the legal framework governing land acquisition in FBiH; 3. Discussions with officials of PC Roads of FBiH at various levels , including the representatives of the Department of Property and Legal Affairs and Expropriation tasked with carrying out tasks related to expropriation on behalf of PC Roads; 4. Meeting with representatives of the Municipality of Neum on December 2, 2015, namely representatives of the Municipal Department of Geodetic, Property and Legal Affairs, and the Municipal Department of Spatial Planning; 5. Site visits to both subsections on December 1 and 2, 2015; 6. Preparation of census database with data on all affected land plots and analysis of collected data and information. 7. Socio-economic survey of Project Affected People (PAPs) and analysis of results. An Interview Log kept for documenting meetings held during the preparation of this RRA (including date, time and name of interviewees) is provided in Annex 1 of this RRA. For methodological purposes, the two Project sections have been grouped as:  section Stari Neum – Kisevo – Babin Do (Tunnel Ostrovac) - “Phase 1” (land acquisition completed before the involvement of the World Bank, i.e. during the period 2005-2015) and  section Babin Do (Tunnel Ostrovac) – Brocanac - “Phase 2” (land acquisition completed after the involvement of the World Bank, i.e. during the period after 2015). Key informant interviews were conducted to cross-check findings from the secondary data review. Interviews were held with the representatives of PC Roads (including the representatives of the Department of Property and Legal Affairs and Expropriation tasked with carrying out tasks related to expropriation on behalf of PC Roads) and the representatives of the Municipality Neum (representatives of two Municipal departments: Department of Geodetic, Property and Legal Affairs, and the Department of Spatial Planning). For Phase 1, no primary data was collected. Secondary data was collected and analyzed on a 20% sample base (specifically, 23.8%, i.e. 30 land plots out of 126 land plots in total). The criteria for selection of the sample base included:  type of impact based on type of land, i.e. the representation of agriculture land (e.g. arable land, farm land, meadow and pasture), and 3 The basic document for preparing and implementing the expropriation process; according to the Law on Expropriation, the Expropriation Study contains the geodetic and cadastral plan of the expropriation area, data on affected property, the objective of expropriation and other relevant data 4 The legal act issued by municipalities in the expropriation process, based on the proposal for expropriation submitted by the expropriation beneficiary and the minutes of the site visit conducted by the Municipal committee 5 Prepared by official court valuators in the expropriation process after site visits to individual properties 6 Internal records kept by the Department of Property and Legal Affairs and Expropriation within PC Roads FBiH 7 Agreements concluded between the expropriation beneficiary and the affected property owner 8 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report  gender representation among Project Affected People. For Phase 2, secondary data for all of the affected land plots (62 in total) was first collected and analyzed. The initial methodological approach was to divide the total PAP universe into two groups of PAPs based on level of impact: (i) Group 1: 10% of agricultural land affected (substantial impact) and (ii) Group 2: less than 10% agricultural land affected (low impact). Primary data was planned to be collected and analyzed for all of the land plots in Group 1 and for a sample of 20% in Group 2. However, taking into consideration that Project area is a karst area with a small percentage share of agriculture land plots (N=17 only, taking into account following type of lands: farm lands, crop lands and plantations), the methodological approach for primary data collection was modified to take into account and analyze all agriculture land plots, i.e. all of the 17 land plots falling into the category of agricultural land. For purposes of obtaining the contact information for the identified owners/users, a request was sent to the representatives of the Municipality of Neum, and contact information for at least 3 land owners/users per identified land plot were provided (17 land plots x 3 owners/users = a total of 51 contacts).8 Since the majority of owners does not live in the Project area (population is streamed either to the Municipalities of Stolac or Neum, sometimes even Metković or Dubrovnik in Republic of Croatia) , a telephone survey was conducted for the purposes of primary data collection. The response rate was 54%, i.e. 28 respondents out of 51 contacted persons. The questionnaire used for primary data collection (Socio-economic Survey) is provided in Annex 2 of this RRA. A Census Database was developed on the basis of the collected secondary data for both phases, in order to gather and analyze data/information required to identify all categories of impacts, the Project Affected People (PAPs) directly affected by land acquisition (owner/users of affected land plots) and the expected loss of assets within the Project areas (road sections). The Census Database contains data on the following: (i) location (road section) and Cadastral Municipality, (ii) land plot number, (iii) type of impact, (iv) name of PAP (owner or user), (v) total area of land plot (m2) and % of plot affected by land acquisition, (vi) structures (residential/commercial), (vii) other assets on land (natural objects or auxiliary structures), (viii) compensation amount paid, (ix) compensation amount pending. The summarized version of the Census/Inventory database is provided in Annex 3 of this RRA (full data is available in the form of a separate Excel document). The Socio-economic Survey (telephone survey) was conducted by a team of trained surveyors, on the basis of a Survey questionnaire prepared by land acquisition experts. The summarized version of the Socio-economic Survey data are provided in Annex 4 of this RRA (full data is available in the form of a separate Excel document). The SPSS (Statistical Package for the Social Sciences) Statistics software was used for statistical analysis. 8 One land plot usually has more than one owner. In average, there were 11.8 owners per land plot in the phase 2. 9 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 4. Legal Framework for Land Acquisition in FBiH The Law on Expropriation of FBiH9 regulates the conditions and procedure for expropriation of property for construction of facilities in public interest, compensation eligibility and amounts, handling of grievances and disputes handling and other issues pertaining to the expropriation process. A summary of the key provisions of the Law is presented in this section, whereas a more detailed description of the provisions are provided in Annex 5 of this RRA.  Public interest and purpose of expropriation: Property can only be expropriated upon the establishment of public interest for projects that bring greater benefit for the public (Art. 3 and 5). Expropriation may be carried out for the needs of FBiH, cantons, cities, municipalities, public enterprises and public institutions, unless otherwise provided by the Law.  Expropriation process: A condition to start expropriation is the existence of evidence that the required funds have been secured and deposited with the bank in the assessed total sum for payment or proof of existence of replacement properties (Art. 24). The procedure for expropriation starts with a proposal for expropriation, submitted by the Expropriation Beneficiary to the relevant Municipality (“the expropriation authority”). The proposal contains data on the property for which expropriation is proposed, the owners of such property and the purpose for which expropriation is proposed. Negotiated settlements are explicitly encouraged by the Law (Art. 23). The expropriation beneficiary is required to publish a public announcement to invite the property owners and try to reach a prior amicable sale-purchase agreement with the affected owner. The signed agreement on compensation has to include the timing and rate at which cash compensation will be paid or in kind compensation provided (Art. 26). If no agreement on compensation is reached within 2 months of the validity of the Decision on Expropriation (or less if the Municipal Administration decides as such), the Municipal Administration submits the valid Decision together with other relevant documents to the competent Court, at the territory of which the expropriated real property is located, for the purpose of determining the compensation. The competent court ex officio decides in non-contentious proceedings on the amount of compensation for the expropriated real property.  Process of identifying factual owners/users: After the submission of the expropriation proposal by the expropriation beneficiary to the municipality, the municipality appoints a committee for conducting the expropriation procedure. The committee is responsible for resolving the so-called “preliminary issue”, i.e. the issue of ownership, prior to issuing the decision on expropriation, which is the result of out-dated information in land registry books (the person registered in the land registry is different from the actual owner/user who may be the heir, the person who purchased the property but failed to report such transfer, etc.). The committee organizes a site investigation in the presence of the expropriation beneficiary, official court valuators of property and the identified property owner and user, and informs the participants that public interest has been declared 9 Official Gazette of FBiH, No. 70/07, 36/10 and 25/12 10 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report for the project and that an expropriation proposal has been submitted. A written record of the site investigation is prepared. The committee also invites the identified owners and users, organizes a meeting in the municipality and issues a decision on the resolution of the preliminary issue (i.e. identifies the actual and current owner or user to whom the compensation will be provided). As the last step, the committee issues a decision on expropriation on the basis of the mentioned record and the documentation submitted together with the expropriation proposal. Affected people are entitled to lodge a complaint against this decision with the municipality, which is forwarded to the Federal Administration for Geodetic and Property Affairs as a second instance.  Information and consultation requirements: Prior to the submission of the expropriation proposal, the expropriation beneficiary is required to publish a public announcement and invite all property owners for purposes of attempting a negotiated settlement (Art. 23). Affected owners are informed throughout the expropriation process, i.e. that a request for expropriation has been submitted (Art. 25). Before the decision on expropriation is passed, the Municipal authority has to invite the affected persons with formal legal rights to a meeting to present any facts which may be relevant for expropriation (Art. 27).  Types of expropriation: Expropriation can be temporary (incomplete) or permanent (complete). Complete expropriation allows the expropriation beneficiary to obtain legal title over the expropriated property, while the rights of the previous owner over the real property as well as other rights over that real property cease to exist. Incomplete expropriation provides the beneficiary with usufruct rights on the land and structures, as well as the lease of the land for a definite period of time. At the end of the lease, usufruct rights over land are returned to the previous owner. Owners affected by a partial loss of their real properties are entitled to request complete expropriation and the corresponding compensation, in case that partial expropriation would deteriorate the economic situation of the actual property owner or make the remaining part of the property useless or difficult to use (Art. 11), and must be informed of such right by the Municipal authority. The right to request expropriation of the complete property may be submitted until the issuance of the Decision on Expropriation in the first instance, as well as during the appeal procedure if the affected owner was not informed of such right.  Compensation Compensation is provided at market value of the affected property (Art. 12), determined on the basis of prices of property in the given area, calculated as the market price which could be achieved for a specific real property, depending on the supply and demand at that particular moment in time (Art. 46). The Law sets out in detail how compensation is determined for buildings, orchards and vineyards, forest land and timber, agricultural, construction and city land. Compensation to those who have formal legal rights is provided in the form of replacement property (Art. 45). However, compensation may be provided in cash, upon the request of the owner and if suitable replacement property cannot be identified (Art. 46). Property owners are entitled to compensation for any losses of benefits they would otherwise have from that property (Art. 54). 11 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Personal and family circumstances of the owners whose property is pending expropriation, as well as circumstances which may have adverse economic effects, can be taken into account when determining the amount of compensation, which may be increased above the market value (Art. 47). This provision addresses livelihood restoration beyond the sheer compensation of the lost asset by providing flexibility based on a case-by-case assessment of personal circumstances. Compensation for trees/crops is regulated by several provisions of the Law on Expropriation of FBiH. Compensation for fruit trees and grapevines is determined as follows: (i) fruit trees and grapevines in the stage of producing fruits – in the amount of net income from that tree or vine for as many years as it is necessary to grow that sort of fruit tree or vine and its growth until it produces fruit, (ii) fruit trees and grapevines that have not started producing fruits – in the amount of costs necessary for procurement, planting and growing of such seedlings. Compensation for wood mass (ripe or near to ripe woods) is determined on the basis of the value of (tree) stump determined in accordance with the basic price system and acts passed on the basis of that system for various products (after deducting manufacturing costs). Compensation for forest cultures that are not yet technically ripe is provided as follows: (i) for young seedlings the cost of exploitation of which would be higher than the value of average wooden mass – the compensation of real costs of procurement, planting and growing; (ii) other older trees – compensation for wood mass (timber) in accordance with the standards referred to for young seedlings, increased for the value of growth lost due to premature cutting. The costs of growing of young wood by artificial methods are determined to the value of afforestation, and the costs of growing young woods in the natural way – to the value of costs of artificial afforestation by seeds. The previous owner has the right to harvest or pick up crops/fruit from the expropriated land that have become ripe at the time of taking possession of expropriated land by the expropriation beneficiary. If the previous owner has not been able to harvest or pick up the crops/fruits until the taking of possession by the expropriation beneficiary, he/she has the right to compensation for harvest or fruits, diminished by the amount of expenses that would have been incurred by him/her in the harvesting or picking up of the fruits. Compensation costs are borne by the Expropriation Beneficiary. Compensation arrangements must be settled prior to the formal transfer of ownership of the expropriated property (Art. 31).  Grievance procedure The Law foresees the rights of affected citizens to appeal at many stages of the expropriation procedure, beginning with administrative and judicial appeals (i.e. against the decision on public interest (Art. 16), the decision on expropriation (Art. 30) and regarding compensation (Art. 60). 12 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 5. Project Impacts Project impacts are presented in this Chapter separately for Phase 1 and Phase 2. Phase 1 Only acquisition of land plots was undertaken for this section (a total of 126 land plots on a total area of 181,830 m2), without physical relocation of households or businesses. Auxiliary structures included mainly stone walls and retaining walls. During the site visit, it was observed that this area mainly consists of rocky and stony land with very little arable land. Secondary data on identified land owners/users were collected and analyzed, and are presented below. Results of the secondary data analysis Secondary data for a total of 30 land plots (23.8 % of all land plots) were collected and analyzed. Since the number of land plots registered as agriculture land was less than 30 (N=18, 60%) in the total number of land plots (N=30), forest and other types of land were taken into account as well. The analyzed land plots by type of land are shown in the Figure below. Figure 3: Percentage Distribution of Land Plots by Type of Land in the Sample (N=30, 23.8%) 13 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report The map of the Project area based on the map of land capability classification is provided below. Figure 4: Map of Project Area based on the Map of Land Capability Classification For 30 analyzed land plots, 68 owners were identified (33 of female or 48%). In average, there were 2.2 owners per land plot. The minimum size of expropriated land plot in the sample was 5 m2 and maximum size of expropriated land plot was 4,406 m2.The average size of expropriated land plots in the sample amounts to 918.7 m2. The type of impact was complete (permanent) expropriation of the land for all analyzed land plots; there were no residential structures or businesses identified. 14 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report The map of the Project area based on the map of settlements is provided below. Figure 5: Map of Project Area based on the Map of Settlements10 The identified auxiliary structures were in general stone walls and retaining walls (N=25, 83.3%). Detailed information on auxiliary structures found on the ground is shown below. Figure 6: Percentage Distribution of Auxiliary Structures in the Sample 10 Due to the thickness of the line on the map, it seems as though some of the houses are close to the road; however, no settlements were affected by the Project 15 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report The identified natural objects on land were in general crops (N=21, 70%). Detailed information on natural objects is shown below. Figure 7: Percentage Distribution of Natural Objects in the Sample The map of the Project area based on the CORINE Land Cover is provided below. Figure 8: Map of Project Area based on the CORINE Land Cover (2011) 11 11Latest available data on the CORINE Land Cover from the Federal Ministry of Spatial Planning. Federal Ministry of Spatial Planning (2012). Draft of the Spatial Plan of FBiH. Sarajevo. 16 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report The minimum amount of cash compensation paid in the sample was 110.75 BAM (56.58 Euros) and the maximum amount of cash compensation was 22,030.86 BAM (11,255.71 Euros). The average amount of cash compensation in the sample was 5,421.93 BAM (2,770.10 Euros). The total amount of cash compensation paid in the sample was 291,333.07 BAM (148,843.96 Euros). Phase 2 This subsection required the acquisition of 62 land plots on a total area of 114,656 m 2, without physical relocation of households or businesses. Even though this road represents the main road to the only entrance of Bosnia and Herzegovina to the Adriatic Sea, only few people and several vehicles driving along the road were noticed along this subsection during the site visit. In general, due to its terrain, this section seems to be a disadvantageous microregion whose population is streamed either to the Municipalities of Stolac or Neum, sometimes even Metković or Dubrovnik in Republic of Croatia. Both secondary and primary data on identified land owners/users were collected and analyzed, and are presented below. Results of the secondary data analysis Secondary data on 62 land plots were analyzed in total. For these 62 land plots, 734 12 owners were identified (260 of female or 35.4 %). In average, there were 11.8 owners per land plot13. No impacts on residential structures or businesses were identified. Minimum size of expropriated land plot in the sample was 4 m2 and maximum size of expropriated land plot was 18,392.00 m2. Average size of expropriated land plot in the sample amounted to 3,766.28 m2. The largest proportion of affected lands plots was forest land (N=26, 42%), followed by pastures (N=13, 21%) and underbrush (N=6, 8%). Analyzed land plots by type of land are shown in the Figure below. 12 There are actually 517 land owners, because some owners owned more than one land plot. However, IBM SPSS software used for analysis does not recognize double or multiple mentioned owners. For all the statistics shown below, reference number of the owners is 734. 13 The average number of owners per land plot is high due to the fact that the land registry in FBiH has not been updated for a long period of time. 17 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Figure 9: Percentage Distribution of Land Plots by Type of Land in the Sample The identified auxiliary structures were walls and retaining walls (N=41, 66.2%). 21 land plots (33.8%) were without any auxiliary structures. The identified natural objects were in general shrub forms (N=9, 14%) and crops (N=6, 10%). Detailed information on natural objects is shown below. Figure 10: Percentage Distribution of Natural Objects in the Sample The minimum amount of cash compensation paid in the sample was 0.80 BAM (0.41 Euros) per owner and the maximum amount of cash compensation was 27,611.10 BAM (14,106.69 Euros) per owner. The average amount of cash compensation in the sample was 1,760.37 BAM (902.29 Euros) per owner. The total amount of cash compensation in the sample was 919,394.57 BAM (471,242.61Euros).14 Out of the total number of owners (N=734), 591 of them (80.52%) were paid, whereas the payment is pending for the remaining owners (N=143, 19.48%). 14 As of March 08, 2016. In 2016, 22 land owners were paid (refers to 5 land plots in Phase 2). 18 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Results of primary data analysis 15 The primary data sample size was 17 land plots (28 respondents in total) (refers to 45.1% of total agricultural land plots in Phase 2)16. Out of 28 respondents, 5 were female (17.8 %). All respondents declared themselves as Croatian. Households According to respondents’ answers, the minimum number of household members in the sample was 2 and the maximum number of household members was 10. The average household size in the sample was 5.04 household members. Vulnerability 5 respondents reported that one of their family members suffers from chronic illness. No other vulnerable persons were reported. Primary sources of income 6 respondents did not report on sources of income. 14 respondents reported salaries as the primary source of income of their households, whereas 8 respondents reported pensions as the primary source of income. Agriculture activities on land plots affected by land acquisition 15 respondents reported that they used the expropriated land for agriculture. 10 respondents reported that their land plots were used for agriculture activities by family members. 2 respondents stated that they used their land plots as pasture for cattle breeding. 3 respondents had olive trees and 9 respondents had vegetables (farmland) on the expropriated land. All were compensated for all crops and trees on land. 8 respondents reported that they used crops for their families’ own needs, wherea s 3 respondents used crops for their both personal consumption and for sale. None of the respondents purchased other land with the cash compensation received during the land acquisition process.17 Compensation All respondents reported that they received monetary compensation for their land plots as well as for trees/fruits. 27 of respondents in the sample (86.4%) were paid entirely, whereas 1 respondent said that negotiations about the amount of compensation were still ongoing18. 15 Target sample size was 51 land owners, but with response rate of 54 %, realized sample size was 28 land owners. 16 One owner owned more than one land plot affected by expropriation. Maximum land plots owned by one owner in the sample is 9 and minimum land plots owned by one owner in the sample is 1. Average number of land plots owned by one owner is 2.6 land plots. 17 All PAPs were first offered replacement land as compensation, in line with the requirement of the Law on Expropriation of FBiH, but all PAPs stated they preferred cash compensation. 18 PC Roads FBiH has sent monetary offers in written form to all affected people, and the only remaining step is meeting with individual owners and establishing an agreement about the compensation. 19 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Possibility of negotiating 1 respondent reported that he was provided with the possibility of negotiating about the amount of compensation, 26 respondents said they were not able to negotiate amount of compensation, whereas 1 reported that the negotiations are still ongoing19. Level of satisfaction with information provided during the land acquisition process 57 % of respondents (N=16) were “completely satisfied” with information provided during the process of expropriation, 36 % of respondents (N=10) were “somewhat satisfied”, while 7% (N=2) were “unsatisfied” with information provided to them during the land acquisition process. Figure 11: Level of Satisfaction with Information Provided During the Process of Expropriation Impacts on livelihoods 8 respondents stated that land acquisition positively affected the livelihoods of their household, and 19 respondents stated that land acquisition did not affect the livelihoods of their households in any manner. Only 1 respondent reported that land acquisition negatively affected the livelihood of his household, i.e. that he is still negotiating about the amount of compensation (he reported that he was unsatisfied with the amount of compensation). 19These answers reflect the personal perceptions of the respondents. In accordance with the Law on Expropriation applied by PC Roads FBiH, all PAPs were offered compensation about which they could negotiate. Any still unsatisfied PAPs were able to initiate a court proceeding to determine the amount of compensation. 20 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 6. Description of the Land Acquisition Process Status of completion of land acquisition The Main Design for section Neum – Babin Do (Tunnel Ostrovac) was completed in July 2004, and the Main Design for the section Babin Do (Tunnel Ostrovac) – Brocanac was completed in July 2008. Land acquisition for the section Neum – Babin Do (Tunnel Ostrovac) has been completed entirely, and compensation paid to all land owners. The land acquisition process for the section Babin Do (Tunnel Ostrovac) – Brocanac has been completed to a great extent – all Decisions on Expropriation have been issued; however, the negotiations regarding the amounts of offered compensation and the payment of compensation have not been entirely completed. On-site evaluations have been completed for all land plots, and PC Roads FBiH has sent monetary offers in written form to all affected people, and the only remaining step is meeting with individual owners and establishing an agreement about the compensation (which has been slowed down by the fact that some of the land plot owners do not live in the Project area and their arrival is expected). It is expected that the entire process will be completed soon. Initiation of the expropriation process As property can only be expropriated upon the establishment of public interest, the construction of the Neum – Stolac road was declared to be of public interest in 2011 by the Government of FBiH (Decision on Declaration of Public Interest for the Main Road Neum – Stolac, No 1099/11 of 13 Oct 2011). Land acquisition for Phase 1 was conducted partly in accordance with the former Law on Expropriation of the Socialist Republic of BiH, inherited from the former Socialist Republic of BiH, when BiH was a constitutive part of Socialist Federative Republic of Yugoslavia (adopted in 1987)20, and entirely in accordance with the current Law on Expropriation of FBiH (adopted in 2007) for Phase 2 (which also stipulates that all procedures started prior to the adoption of the Law in 2007 will be continued in accordance with the new Law). The expropriation process for both phases was initiated by PC Roads of FBiH 21 as the expropriation beneficiary by submitting a proposal for expropriation to the Municipality of Neum (namely, its Department for Legal Affairs and Property Cadaster) as the expropriation authority. The proposal contained data on property for which expropriation was proposed, the owners of such property and the purpose for which expropriation was proposed. Expropriation Studies were prepared as the baseline census, and contained data on affected owners or users, data on property and estimates of the value of property. The Municipality of Neum notified the owners of the property of the submitted proposal for expropriation. The cut-off date for the establishment of eligibility was the date of submission of proposals for expropriation by PC Roads of FBiH. The cut-off-dates were communicated to PAPs through publication in Local Community Offices in the Project area, notifications sent directly to addresses of PAPs, as well as during consultation meetings in the affected communities. Any PAPs living abroad were also contacted by the Municipality. 20Official Gazette of SRBiH, No. 12/87 and 38/89 21Theland acquisition activities were carried out within PC Roads FBiH by its Sector of Property and Road Cadaster, Property and Legal Affairs and Expropriation - Department of Property and Legal Affairs and Expropriation 21 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report PC Roads of FBiH attempted to conclude negotiated settlements (signed agreements on compensation) wherever possible, by inviting all the identified property owners for the purpose of attempting an amicable transfer of ownership rights on the basis of the Law on Expropriation, through the publication of announcements in the daily media. However, a prerequisite for concluding negotiating settlements is that data enlisted in the land books and data enlisted in the cadastral office must be harmonized, which was not possible in the majority of cases, due to the fact that a property cadaster was not established in some of the cadastral municipalities in the Project area. Land titles issues were then resolved in the course of the formal procedure, as required by the Law on Expropriation. The Municipality issued Decisions on Expropriation, after completing the proceedings on an urgent basis. The Municipality then convened and held hearings with the affected owners to determine the compensation for the expropriated real property through an agreement. The hearings were held on site, i.e. at the location of the affected properties, in the presence of the representatives of PC Road FBiH and the official court experts for valuation of properties. In all cases, the land owners declared that they do not oppose to the expropriation of their properties, as recorded in the Decisions on Expropriation. The affected owners were informed of their right to appeal against the Appeal against the Decisions on Expropriation to the Federal Administration for Geodesy and Legal Property Affairs. In addition, PAPs were informed about the planned construction of the road and the initiation of the expropriation process through public hearings with affected owners, local media and informative posters posted in the Municipality of Neum and its suburbs. All PAPs were individually visited by the representatives of PC Roads of BiH, the Municipality and the official court experts for valuation of property. Valuation of properties Independent court experts for valuation of property (agricultural expert and construction expert) conducted valuation of the existing state of land plots and assets on land in line with the provisions of the Law on Expropriation. Payment of compensation Compensation costs were borne entirely by PC Roads FBiH. In all cases of land acquisition, compensation was paid prior to formal transfer of ownership of expropriated property, in compliance with the Law which stipulates that compensation arrangements must be settled prior to formal transfer of ownership of the expropriated property. A legal condition to start expropriation is the existence of evidence that the required funds have been secured and deposited with the bank in the assessed total sum for payment or proof of existence of replacement properties. Compensation arrangements were based on valuations of official court valuators, and included all auxiliary structures as well as any crops/trees/improvements on land. The requirements of the Law on Expropriation on providing compensation at replacement value for crops and trees (as elaborated under Chapter 4: Legal Framework) are compliant with the WB requirements. 22 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Compensation was based on “fair compensation” for Phase 1 (in accordance with the former Law on Expropriation)22 and “market value” of property determined on the basis of prices of property in the given area, calculated as the market price which could be achieved for a specific real property, depending on the supply and demand at that particular moment in time (in accordance with the current Law on Expropriation). The methodology utilized by official court experts for valuation of land was the so-called “method of valuation of yield”, which calculates compensation for land at a higher level than at the market value (this method was used due to the fact that the Project area is a rural area with no significant property transactions that could provide a basis for property demand and supply calculations). An example of the property valuation report with the detailed elaboration of the methodology used is provided in Annex 6 of this RRA. Grievance management Affected owners were informed of their right to appeal at many stages of the process, as defined by the Law on Expropriation, including administrative and judicial appeals against the decision on public interest, the decision on expropriation and regarding compensation. In addition, PC Roads of FBiH visited all PAPs and provided them with contact information of the officials tasked with expropriation activities within PC Roads of FBiH and the Municipality for purposes of submitting enquiries and grievances. Any grievances could also be submitted through the online contact form on the website of PC Roads of FBiH. The disputes initiated during the expropriation procedure are summarized as follows: Table 1: Disputes Related to the Expropriation Process Number of Reason of dispute Initiated by Initiated before Resolution status disputes per phase 3 disputes in Request for increase in Affected owners Municipal Court Resolved: the Municipal Court did Phase 1 amount of compensation not accept the request for increase offered in amount of compensation. PC Roads FBiH paid the amount confirmed by the court judgment. 1 dispute in Request for increase in Affected owners Municipal Court Resolved: the Municipal Court did Phase 2 amount of compensation not accept the request for increase offered in amount of compensation. PC Roads FBiH paid the amount confirmed by the court judgment. 22The Law stipulated that owners of property were entitled to be provided with: alternate and corresponding housing, if the expropriated property was used for residential purposes; nearby housing and access to farmland, if required; the market value of the land and the crops or wood that could be yielded from the land if the expropriated land is an orchard, vineyard, farmland or forest; alternate commercial facilities if the expropriated property was used for commercial activities. 23 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Assistance to vulnerable persons PC Roads of FBiH as the expropriation beneficiary undertook activities on a voluntary basis to assist vulnerable people such as individual visits to elderly or physically disabled persons in their homes during the expropriation procedure. Livelihood restoration mechanisms The necessity of providing livelihood restoration measures (in terms of compensation for loss of income) was identified by PC Roads of FBiH in several cases involving losses of olive trees, and negotiations regarding compensation arrangements are still ongoing (in Phase 2). According to the Law on Expropriation, the personal and other family conditions of the previous owner of the expropriated real property are taken into consideration as a corrective for an increase in the amount of determined compensation (up to 40%, according to case law in FBiH) if those conditions are of great importance for the subsistence of the previous owner, and in particular if his/her subsistence has been endangered due to the expropriation of a larger part or the entire land or business premises in which the previous owner legally performed a business activity, as well as in the case where due to the expropriation members of an agricultural household have to move from the territory where they had lived. Completion of the land acquisition process The land acquisition process was officially completed (for phase 1 entirely, and for phase 2 partially) through the transfer of ownership rights by registration of ownership rights and other proprietary rights over acquired property in the Land Registry Office as property in public domain in favor of PC Roads FBiH. 24 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 7. Key Findings, Conclusions and Recommendations The main elements of the land acquisition process conducted by PC Roads for both phases in comparison with the requirements of OP 4.12 are presented in the table below. Table 2: Key Findings Regarding the Land Acquisition Process Issue Land acquisition activities World Bank OP 4.12 Comment undertaken by PC Roads Requirements Census and Expropriation Studies were prepared as Census and Socio-economic No significant gaps identified socioeconomic the baseline census, and no socio- Survey to be made for RAP in the process. The survey economic survey was conducted, as development needs at early Expropriation Studies and there is no legal explicit requirement stages of project preparation prepared by PC Roads FBiH in Resettlement for preparing socio-economic studies and with involvement of line with the requirements set Action Plan or resettlement plans. potentially displaced persons. out in the Law on (RAP) The study should include Expropriation are broadly The Expropriation Studies contained information on (i) current compliant with the Census data on affected owners or users, data occupants in the affected area, requirements of OP 4.12. In on property and estimates of the value (ii) characteristics of displaced addition, the socio-economic of property. households and their characteristics of the affected standards of living and population were evaluated livelihoods, (iii) magnitude of informally during the process expected losses and extent of of consultations with such displacement, and (iv) population by the information on vulnerable representatives of PC Roads groups or persons. and the Municipality of Neum. Cut-off Date for The cut-off date for both sections was Normally, the cut-off date is No gaps identified in the Eligibility the date of submission of the proposal the date the census begins. process. The cut-off date was for expropriation by PC Roads FBiH to The cutoff date could also be determined in line with the the Municipality of Neum. the date the project area was Law on Expropriation of FBiH, delineated, prior to the census, and the cut-off date was provided that there has been properly communicated to all an effective public PAPs. dissemination of information on the area delineated, and systematic and continuous dissemination subsequent to the delineation to prevent further population influx. Persons who encroach on the area after the cut-off date are not entitled to compensation or any other form of resettlement assistance. 25 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Issue Land acquisition activities World Bank OP 4.12 Comment undertaken by PC Roads Requirements Disclosure of All PAPs were individually visited by Displaced persons should be No gaps identified in the information and the representatives of PC Roads of BiH, meaningfully consulted and process. The disclosure and consultations the Municipality and the court experts should be encouraged to consultation activities with PAPs for valuation of property. participate in planning and undertaken by PC Roads FBiH implementing resettlement. and the Municipality are Affected owners and users were broadly compliant with the additionally informed during the requirements of OP 4.12. following stages of the process: 1) after the Decisions on Expropriation became effective, the Municipality organized hearings with affected owners/users for purposes of determining the compensation amounts; 2) after the submission of the proposal for expropriation by PC Roads, the Municipality informed the owners/users of such proposal; 3) the owners/users were properly informed of their right to request expropriation of the entire plot in cases where the only the part of the plot was initially planned to be expropriated. PAPs were also informed about the planned construction of the road and the initiation of the expropriation process through hearings with affected owners, local media and informative posters posted in the Municipality of Neum and its suburbs. Eligibility for No informal PAPs without any According to WB OP 4.12, No gaps identified in the Compensation recognizable legal right or claim to the there are 3 categories of process. No informal users as (Categorization) land they use were affected. persons in terms of defined by category (c) of OP compensation eligibility: 4.12 (i.e. those with no Cases involving informal users (i.e. recognizable legal right or cases in which there is a discrepancy a) Those who have formal claim to the land they are between the land registry records and rights to land occupy) were affected by the the actual ownership situation – for e.g. Project. the land registry has not been updated b) Those who do not have following the decease of a registered formal rights to land at the owner or due to other reasons) were time the census begins but identified and resolved adequately by have a claim to such land and the Municipality in compliance with the assets, provided that such Law on Expropriation, which stipulates claims are recognized under that municipalities are required to sort the laws of Bosnia and out title issues prior to proceeding with Herzegovina or become further steps. Informal users thus recognized through a process gained the status of formal owners (the identified in the RAP, 26 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Issue Land acquisition activities World Bank OP 4.12 Comment undertaken by PC Roads Requirements only category provided compensation according to the Law on Expropriation c) Those who have no is the formal owner of the property). recognizable legal right or claim to the land they are occupying, Types and Compensation was in all cases paid Displaced persons should be No significant gaps identified Levels of prior to formal transfer of ownership of provided prompt and effective in the process. Even though Compensation expropriated property. compensation at full compensation paid was not replacement cost for assets defined as “compensation at PC Roads FBiH offered replacement losses attributable directly to full replacement cost” as land to affected people in line with the the project. Furthermore, the required by OP 4.12, the requirement of the Law on policy offers cash methodology utilized by Expropriation (compensation for lost compensation as an official court experts for assets is effected in kind or in cash if alternative, or residential valuation of land was the so- the expropriation beneficiary is unable housing alternatives. called “method of valuation to identify such a replacement property of yield”, which calculates or if such is the choice of the affected compensation for land at a owner); however, all affected people higher level than at the preferred cash compensation. market value (this method was used due to the fact that Compensation arrangements were the Project area is a rural area based on valuations of official court with no significant property valuators, and included auxiliary transactions that could structures as well as any provide a basis for property crops/trees/improvements on land. demand and supply Compensation was based on “fair calculations). Hence, it may compensation” for Phase 1 (in be concluded that the accordance with the former Law on compensation offered to Expropriation) and “market value” of affected owners was higher property. than what would be obtainable in the Project area. Therefore, the compensation offered by PC Roads of BiH may be considered as replacement cost. 27 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Issue Land acquisition activities World Bank OP 4.12 Comment undertaken by PC Roads Requirements Timing of Compensation was provided prior to Compensation should be No gaps identified in the Compensation taking possession of the assets. provided prior to the beginning process. of construction works and prior to taking possession of the assets. Livelihood Even though the Law on Expropriation Affected people must be No gaps identified in the restoration does not include specific provisions assisted in their efforts to process mechanism with regard to livelihood restoration, it improve their livelihoods and allows some flexibility in devising standards of living, or at least specific compensation measures to restore these to pre-project “where such conditions are of great levels. importance for the subsistence of the previous owner, and in particular if his/her subsistence has been endangered due to the expropriation of a larger part or the entire land or business premises in which the previous owner legally performed a business activity, as well as in the case where due to the expropriation members of an agricultural household have to move from the territory where they had lived”. This has prov ided a suitable legal framework for addressing livelihood restoration based on a case- by-case assessment of personal circumstances. The necessity of providing livelihood restoration measures (in terms of compensation for loss of income) has been identified by PC Roads of FBiH in several cases involving losses of olive trees, and negotiations regarding compensation arrangements are still ongoing (relevant for Phase 2). 28 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Issue Land acquisition activities World Bank OP 4.12 Comment undertaken by PC Roads Requirements Additional Since no relocation was required by the It is necessary to provide No gaps identified in the Assistance to Project, no assistance to PAPs for assistance during relocation, process PAP relocation was provided. including all types of additional help with particular attention to be paid to poor and vulnerable individuals and groups. Assistance to PC Roads of FBiH as the expropriation Particular attention and No significant gaps identified vulnerable beneficiary undertook activities to consideration must be paid to in the process. Even though persons / assist vulnerable people such as the needs of vulnerable groups no formal process for households individual visits to elderly or physically among those displaced. identifying and assisting disabled persons in their homes during vulnerable groups was in the expropriation procedure. place (as the Law on Expropriation does not stipulate any such measures), vulnerable groups were de facto identified and provided with assistance during the expropriation process. Grievance Affected owners were informed of their Appropriate and accessible No significant gaps identified Redress right to appeal at many stages of the grievance mechanisms are in the process. Even though process, as defined by the Law on established for displaced no formal project-specific Expropriation, including administrative persons and host grievance mechanism was and judicial appeals against the communities. established as required by OP decision on public interest, the decision 4.12, affected owners were on expropriation and regarding timely informed of their legal compensation. rights to appeal at various stages of the process. In In addition, PC Roads of FBiH visited all addition, an informal PAPs and provided them with contact grievance mechanism was information of the officials tasked with utilized throughout the entire expropriation activities within PC process. Roads of FBiH and the Municipality for purposes of submitting enquiries and grievances. Any grievances could also be submitted through the online contact form on the website of PC Roads of FBiH. It should also be noted that the representatives of the Municipality of Neum have not reported any major issues with regard to the land acquisition completed. 29 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report In addition, media reports analyzed by the Consultant have not indicated any controversial issues. The process has been conducted entirely in line with the Law on Expropriation of FBiH. In general, the provisions of the Law and the good practice of the PC Roads FBiH and the Municipality of Neum throughout the land acquisition process are broadly compatible with WB requirements. The analysis conducted indicates that the land acquisition activities have been carried out adequately by the competent authorities, and no serious or major gaps in terms of OP 4.12 have been identified. It may, therefore, be concluded that no action is currently required to be undertaken by PC Roads FBiH with regards to the land acquisition process conducted for the two road sections covered by this RRA. The good practice implemented by PC Roads FBiH is an indicator of an efficient implementation of the land acquisition process, even though it is necessary to formalize the described informal practices, , including the following key points:  the grievance redress mechanism utilized by PC Roads FBiH in practice is not based purely on the requirements of the Law on Expropriation of FBiH (which does not stipulate a Project-specific grievance mechanism) but on a more proactive approach to communicate with PAPs, as evidenced by the efforts of the representatives of PC Roads FBiH and the Municipality of Neum to additionally approach the PAPs and inform them of the contact details of the officials tasked with expropriation activities for the purpose of submitting grievances or comments. Thus, an informal grievance mechanism was utilized throughout the entire process. It is also worth noting that the results of the Socio-economic Survey conducted for the purpose of this RRA showed that 57% of respondents were “completely satisfied” with information received during the expropriation process, 36% were “somewhat satisfied”, and only 7% reported to be “unsatisfied”.  assistance to vulnerable groups provided by PC Roads FBiH in practice is not based purely on the requirements of the Law on Expropriation of FBiH (which does not foresee any special measures relating to vulnerable groups), as evidenced by the efforts of the representatives of PC Roads FBiH to identify and provide additional assistance to vulnerable groups including visiting elderly or physically disabled persons in their homes during the land acquisition process.  even though a socio-economic survey as required by OP 4.12 was not conducted by PC Roads FBiH (as such survey are not required by the Law on Expropriation of FBiH), the socio-economic characteristics of the affected population were evaluated informally during the process of consultations with the PAPs by the representatives of PC Roads and the Municipality of Neum. The adoption of the Resettlement Policy Framework and Resettlement Action Plans by PC Roads FBiH for the FBiH Road Sector Modernization Project, developed in compliance with WB requirements, as well as other resettlement instruments in compliance with other IFI requirements (such as the EBRD) is another indicator of the readiness of PC Roads FBiH to implement good international practice (GIP). Since the mission of PC Roads FBiH is to “ensure sufficient resources for optimal development, maintenance and management of a safe and reliable road network that will support the socio-economic development of the country, with full consideration of environmental issues”, it is recommended that PC Roads FBiH develops and adopts an official internal procedure on land acquisition processes aligned with GIP for the purpose of formalizing its practices, to be applicable to all projects leading to social impacts (including land acquisition) implemented by this PC. 30 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Annex 1 – Interview Log Interview Log No. Name of Position Institution Date and Place of interview Contact info individual or time of group interview 1. Muhidin Head of the PC Roads FBiH Nov 17, 2015 Sarajevo, PC Roads FBiH Phone +387 61 205 655 Ćuprija Sector of Property at 12:00 Headquarters e-mail: mcuprija@jpcfbih.ba and Road Cadaster, Nov 19,2015 Property and at 09:30 Legal Affairs and Nov 19,2015 Sarajevo, ENOVA office Expropriation at 09:30 Nov 23, 2015 Sarajevo, PC Roads FBiH at 14:15 Headquarters Nov 30, 2015 Sarajevo, PC Roads FBiH at 16:00 Headquarters Dec 12, 2015 Sarajevo, ENOVA office at 13:00 2. Ivana Božić Environmental PC Roads FBiH Nov 17, 2015 Sarajevo, PC Roads FBiH Phone +387 33 563 453 Krezić Specialist, at 12:00 Headquarters e-mail: Project Nov 19,2015 Sarajevo, ENOVA office ivana.bozic.krezic@jpcfbih.ba Management at 15:00 Department Dec 10, 2015 Sarajevo, PC Roads FBiH at 15:00 Headquarters 3. Dragana Expert for PC Roads FBiH Nov 17, 2015 Sarajevo, PC Roads FBiH Phone: +387 33 563 - 475 Petrović Property and at 12:00 Headquarters e-mail: Legal Affairs, Nov 19,2015 Sarajevo, ENOVA office dragana.petrovic@jpcfbih.ba Department of at 15:00 Property and Nov 23, 2015 Sarajevo, PC Roads FBiH Legal Affairs and at 14:15 Headquarters Expropriation Dec 10, 2015 Sarajevo, PC Roads FBiH at 15:00 Headquarters Nov 30, 2015 Sarajevo, PC Roads FBiH at 16:00 Headquarters 4. Nihad Legal Expert, PC Roads FBiH Nov 17, 2015 Sarajevo, PC Roads FBiH e-mail: nomanovic@jpcfbih.ba Omanović Department of at 13:00 Headquarters Property and Nov 23, 2015 Sarajevo, PC Roads FBiH Legal Affairs and at 14:15 Headquarters Expropriation Nov 23, 2015 Sarajevo, PC Roads FBiH at 14:15 Headquarters 5. Amra Head of Sector for PC Roads FBiH Nov 17, 2015 Sarajevo, PC Roads FBiH Phone: + 387 33 250 378 Smailagić International at 13:00 Headquarters e-mail: asmailagic@jpcfbih.ba Projects Nov 19,2015 Sarajevo, ENOVA office at 09:30 6. Aida Landžo - Head of PC Roads FBiH Nov 17, 2015 Sarajevo, PC Roads FBiH e-mail: laida@jpcfbih.ba Handžić Department of at 13:00 Headquarters Property and Nov 23, 2015 Sarajevo, PC Roads FBiH Legal Affairs and at 14:15 Headquarters 31 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Expropriation Nov 23, 2015 Sarajevo, PC Roads FBiH at 14:15 Headquarters 7. Selma Social Expert, PC Roads FBiH Nov 19,2015 Sarajevo, ENOVA office e-mail: Ljubijankić Sector for at 15:00 selma.ljubijankic@jpcfbih.ba International Dec 10, 2015 Sarajevo, PC Roads FBiH Projects at 15:00 Headquarters Nov 23, 2015 Sarajevo, PC Roads FBiH at 14:15 Headquarters 8. Ružica Krešić Department of Municipality of Dec 2, 2015 Municipality of Neum e-mail: Property Affairs Neum at 12:00 kresic.ruzica@gmail.com and Real Estate Cadaster 32 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Annex 2 – Questionnaire Used for Primary Data Collection Questionnaire number: ______________________________ Group 1 or 2: ______________________________ Date: ______________________________ Respondent’s name and surname: ______________________________ Telephone number: ______________________________ Plot number and location: ______________________________ Size of the expropriated plot (m2): ______________________________ Question Answer 1. Are you satisfied with the amount of cash compensation you received? Were you given the opportunity to negotiate about the compensation or it was offered to you as a fixed amount without the possibility of negotiation? Did you use the received compensation to purchase another land plot? If yes, what is the size of the newplotinm2andwhere is it located? 2. Has the expropriated plot been used by anyone else other than the owner? 3. Have you used the expropriated land plot for agricultural purposes? If NO, go to the next question. If YES: - What has been grown on the plot? - Have you used the land plot for your own purposes and/or as a source of income (sale of crops, etc.)? - Have you received any compensation for crops and trees? - Did you continue the agricultural activities elsewhere? (if not, what is the main reason for that?) 4. Have you had any additional losses due to the expropriation? If yeas, have you received any compensation for such losses? 5. How many members does your household have? 6. Are there any members of the household of expropriated plot user belonging to vulnerable groups (people with disabilities, elderly, chronically ill, etc.)? 7. Are you satisfied with the information you were provided with during the process of 1-completely satisfied expropriation? 2-fairly satisfied 3-not at all satisfied If the chosen answer is 1 – go to the next question. If the chosen answer is 2 or 3 – why are you not satisfied and what do you think could have been done differently? 8. What is your primary source of income? (e.g., employment, pension, etc.) 9. Has the expropriation affected the income of your household and how? 1-no 2-yes, positively 3-yes, negatively 33 Annex 3 – Summary of Census/Inventory Database Note: Full data is provided in separate Excel tables. Phase 1 Cadastral Land plot Total area Other assets lost (auxiliary Amount paid No. Type of land Type of impact Value of compensation (BAM) Municipality no. of plot (m2) structure) (BAM) 1. Gradac II 139/2 381.00 meadow stone walls and retaining walls complete expropriation BAM 8,386.35 8.386,35 2. Gradac II 241/2 100.00 pasture stone walls and retaining walls complete expropriation BAM 1,320.15 1320,15 3. Gradac II 100.00 pasture stone walls and retaining walls complete expropriation BAM 660.07 660.07 4. Gradac II 100.00 pasture stone walls and retaining walls complete expropriation BAM 660.07 660.07 5. Gradac II 121/2 928.00 forest stone walls and retaining walls complete expropriation BAM 9,366.40 9,366.40 6. Gradac II 5/20 328.00 forest x complete expropriation BAM 2,175.75 2,175.75 7. Gradac II 328.00 forest x complete expropriation BAM 2,175.75 2,175.75 8. Gradac II 149/2 114.00 forest stone walls and retaining walls complete expropriation BAM 3,560.91 3,560.91 9. Gradac II 238/2 1577.00 forest stone walls and retaining walls complete expropriation BAM 19,288.65 19,288.65 10. Gradac II 1577.00 forest stone walls and retaining walls complete expropriation - 11. Gradac II 1577.00 forest stone walls and retaining walls complete expropriation 12. Gradac II 150/2 657.00 meadow stone walls and retaining walls complete expropriation BAM 8,054.01 8,054.01 13. Gradac II 1119/2 808.00 pasture stone walls and retaining walls complete expropriation BAM 3,518.39 3,518.39 14. Gradac II 808.00 pasture stone walls and retaining walls complete expropriation BAM 12,054.84 12,054.84 15. Gradac II 808.00 pasture stone walls and retaining walls complete expropriation 16. Gradac II 808.00 pasture stone walls and retaining walls complete expropriation 17. Gradac II 155/2 641.00 forest stone walls and retaining walls complete expropriation BAM 5,525.20 5,525.20 18. Gradac II 42/2 1682.00 forest stone walls and retaining walls complete expropriation BAM 17,753.80 17,753.80 19. Gradac II 1115/2 4406.00 forest stone walls and retaining walls complete expropriation BAM 22,030.86 22,030.86 20. Gradac II 4406.00 forest stone walls and retaining walls complete expropriation BAM 10,839.42 10,839.42 21. Gradac II 3/2 1842.00 forest stone walls complete expropriation BAM 12,024.80 12,024.80 22. Gradac II 1842.00 forest stone walls complete expropriation BAM 6,012.40 6,012.40 23. Gradac II 1842.00 forest stone walls complete expropriation BAM 2,004.20 2,004.20 24. Gradac II 1842.00 forest stone walls complete expropriation BAM 2,004.20 2,004.20 25. Gradac II 1842.00 forest stone walls complete expropriation BAM 2,004.20 2,004.20 stone walls, retaining walls and 26. Gradac II 1/2 1850.00 forest complete expropriation BAM 18,551.32 18,551.32 limestone Gradac II stone walls, retaining walls and 27. 1850.00 forest complete expropriation BAM 5,691.87 5,691.87 limestone Gradac II stone walls, retaining walls and 28. 1850.00 forest complete expropriation BAM 2,836.33 2,836.33 limestone 29. Gradac II 10/2 1443.00 forest stone walls complete expropriation BAM 11,883.90 11,883.90 30. Gradac II 1101/2 30.00 pasture stone walls complete expropriation BAM 1,244.91 1,244.91 31 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Phase 2 Cadastral Land plot Total area of Other assets lost (auxiliary Amount paid No. Type of land Type of impact Value of compensation (BAM) Municipality no. plot (m2) structure) (BAM) 507 farm land stone walls and retaining walls complete expropriation 3,675.53 3,675.53 1 Gradac I 1175/11 507 farm land stone walls and retaining walls complete expropriation 3,675.53 3,675.53 3824 pasture stone walls and retaining walls complete expropriation 9,161.83 9,161.83 3824 pasture stone walls and retaining walls complete expropriation 9,161.83 9,161.83 3824 pasture stone walls and retaining walls complete expropriation 9,161.83 9,161.83 3824 pasture stone walls and retaining walls complete expropriation 13,628.75 13,628.75 3824 pasture stone walls and retaining walls complete expropriation 3,345.93 3,345.93 3824 pasture stone walls and retaining walls complete expropriation 3824 pasture stone walls and retaining walls complete expropriation 3824 pasture stone walls and retaining walls complete expropriation 2 Gradac I 3/309 3824 pasture stone walls and retaining walls complete expropriation 3824 pasture stone walls and retaining walls complete expropriation 3824 pasture stone walls and retaining walls complete expropriation 3824 pasture stone walls and retaining walls complete expropriation 3824 pasture stone walls and retaining walls complete expropriation 3824 pasture stone walls and retaining walls complete expropriation 3824 pasture stone walls and retaining walls complete expropriation 3824 pasture stone walls and retaining walls complete expropriation 3550 pasture x complete expropriation 27,611.10 27,611.10 3550 pasture x complete expropriation 2,208.88 2,208.88 3550 pasture x complete expropriation 2,208.88 2,208.88 3550 pasture x complete expropriation 2,208.88 2,208.88 3550 pasture x complete expropriation 2,208.88 2,208.88 3 Gradac I 3/304 3550 pasture x complete expropriation 2,208.88 2,208.88 3550 pasture x complete expropriation 2,761.10 2,761.10 3550 pasture x complete expropriation 2,761.10 2,761.10 3550 pasture x complete expropriation 2,761.10 2,761.10 3550 pasture x complete expropriation 2,761.10 2,762.10 291 pasture x complete expropriation 2,481.87 2,481.87 4 Čarići 538/56 291 pasture x complete expropriation 2,481.87 2,481.87 291 pasture x complete expropriation 2,481.87 2,481.87 5 Čarići 538/57 420 forest x complete expropriation 4,228.96 4,228.96 6 Gradac I 1/71 2976 pasture x complete expropriation 2,487.98 2,487.98 32 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 2976 pasture x complete expropriation 1,243.99 1,243.99 2976 pasture x complete expropriation 1,243.99 1,243.99 2976 pasture x complete expropriation 1,242.60 1,242.60 2976 pasture x complete expropriation 2,578.70 2,578.70 2976 pasture x complete expropriation 178.17 178.17 2976 pasture x complete expropriation 178.17 178.17 2976 pasture x complete expropriation 178.17 178.17 2976 pasture x complete expropriation 1,638.80 1,638.80 2976 pasture x complete expropriation 1,638.80 1,638.80 2976 pasture x complete expropriation 1,638.80 1,638.80 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 1,237.99 1,237.99 596.67 or 2976 pasture x complete expropriation 596.67 or 641.32 641.32 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 596.67 596.67 2976 pasture x complete expropriation 4,914.70 4,914.70 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 247.17 247.17 2976 pasture x complete expropriation 247.17 247.17 2976 pasture x complete expropriation 247.17 247.17 2976 pasture x complete expropriation 247.17 247.17 2976 pasture x complete expropriation 247.17 247.17 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 1,237.99 1,237.99 2976 pasture x complete expropriation 1,736.00 1,736.00 2976 pasture x complete expropriation 86.8 86.8 2976 pasture x complete expropriation 86.8 86.8 2976 pasture x complete expropriation 86.8 86.8 2976 pasture x complete expropriation 86.8 86.8 7 Gradac I 1/61 2084 forest x complete expropriation 561.79 561.79 33 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 2084 forest x complete expropriation 312.1 312.1 2084 forest x complete expropriation 312.1 312.1 2084 forest x complete expropriation 312.1 312.1 2084 forest x complete expropriation 998.74 998.74 2084 forest x complete expropriation 998.74 998.74 2084 forest x complete expropriation 998.74 998.74 2084 forest x complete expropriation 998.74 998.74 2084 forest x complete expropriation 499.37 499.37 2084 forest x complete expropriation 124.84 124.84 2084 forest x complete expropriation 124.84 124.84 2084 forest x complete expropriation 332.92 332.92 2084 forest x complete expropriation 332.92 332.92 2084 forest x complete expropriation 55.49 55.49 2084 forest x complete expropriation 55.49 55.49 2084 forest x complete expropriation 55.49 55.49 2084 forest x complete expropriation 55.49 55.49 2084 forest x complete expropriation 55.49 55.49 2084 forest x complete expropriation 13.87 13.87 2084 forest x complete expropriation 13.87 13.87 2084 forest x complete expropriation 13.87 13.87 2084 forest x complete expropriation 13.87 13.87 2084 forest x complete expropriation 499.37 2084 forest x complete expropriation 99.87 99.87 2084 forest x complete expropriation 99.87 99.87 2084 forest x complete expropriation 99.87 99.87 2084 forest x complete expropriation 99.87 99.87 2084 forest x complete expropriation 99.87 99.87 2084 forest x complete expropriation 99.87 99.87 2084 forest x complete expropriation 2084 forest x complete expropriation 2084 forest x complete expropriation 2084 forest x complete expropriation 1,498,12 1,498,12 2084 forest x complete expropriation 318.89 318.89 2084 forest x complete expropriation 318.89 318.89 2084 forest x complete expropriation 318.89 318.89 2084 forest x complete expropriation 318.89 318.89 2084 forest x complete expropriation 318.89 318.89 34 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 2084 forest x complete expropriation 13.38 13.38 2084 forest x complete expropriation 13.38 13.38 2084 forest x complete expropriation 13.38 13.38 2084 forest x complete expropriation 13.38 13.38 2084 forest x complete expropriation 17.83 17.83 2084 forest x complete expropriation 17.83 17.83 2084 forest x complete expropriation 17.83 17.83 2084 forest x complete expropriation 17.83 17.83 2084 forest x complete expropriation 53.5 53.5 2084 forest x complete expropriation 2084 forest x complete expropriation 249.69 249.69 2084 forest x complete expropriation 249.69 249.69 2084 forest x complete expropriation 249.69 249.69 2084 forest x complete expropriation 249.69 249.69 2084 forest x complete expropriation 249.69 249.69 2084 forest x complete expropriation 249.69 249.69 2084 forest x complete expropriation 749.06 749.06 2084 forest x complete expropriation 749.06 749.06 2084 forest x complete expropriation 110.97 110.97 2084 forest x complete expropriation 110.97 110.97 2084 forest x complete expropriation 110.97 110.97 2084 forest x complete expropriation 110.97 2084 forest x complete expropriation 110.97 2084 forest x complete expropriation 110.97 2084 forest x complete expropriation 110.97 2084 forest x complete expropriation 110.97 110.97 2084 forest x complete expropriation 110.97 110.97 2084 forest x complete expropriation 62.42 62.42 2084 forest x complete expropriation 62.42 62.42 2084 forest x complete expropriation 62.42 62.42 2084 forest x complete expropriation 62.42 62.42 2084 forest x complete expropriation 499.37 499.37 2084 forest x complete expropriation 249.69 2861 forest stone walls and retaining walls complete expropriation 12,819.85 12,819.85 8 Gradac I 3/287 2861 forest stone walls and retaining walls complete expropriation 12,819.85 12,819.85 953 farm land stone walls and retaining walls complete expropriation 9 Gradac I 987/8 953 farm land stone walls and retaining walls complete expropriation 35 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 953 farm land stone walls and retaining walls complete expropriation 953 farm land stone walls and retaining walls complete expropriation 953 farm land stone walls and retaining walls complete expropriation 953 farm land stone walls and retaining walls complete expropriation 953 farm land stone walls and retaining walls complete expropriation 953 farm land stone walls and retaining walls complete expropriation 953 farm land stone walls and retaining walls complete expropriation 953 farm land stone walls and retaining walls complete expropriation 953 farm land stone walls and retaining walls complete expropriation 681.01 681.01 953 farm land stone walls and retaining walls complete expropriation 681.01 681.01 953 farm land stone walls and retaining walls complete expropriation 681.01 681.01 953 farm land stone walls and retaining walls complete expropriation 681.01 681.01 953 farm land stone walls and retaining walls complete expropriation 681.01 681.01 953 farm land stone walls and retaining walls complete expropriation 598 pasture x complete expropriation 287.11 287.11 598 pasture x complete expropriation 287.11 287.11 598 pasture x complete expropriation 287.11 287.11 598 pasture x complete expropriation 287.11 287.11 598 pasture x complete expropriation 287.11 287.11 598 pasture x complete expropriation 1,435.56 1,435.56 598 pasture x complete expropriation 1,435.56 1,435.56 598 pasture x complete expropriation 598 pasture x complete expropriation 598 pasture x complete expropriation 2,233.05 2,233.05 598 pasture x complete expropriation 319.01 319.01 10 Gradac I 994/3 598 pasture x complete expropriation 319.01 319.01 598 pasture x complete expropriation 143.56 143.56 598 pasture x complete expropriation 143.56 143.56 598 pasture x complete expropriation 143.56 143.56 598 pasture x complete expropriation 143.56 143.56 598 pasture x complete expropriation 143.56 143.56 598 pasture x complete expropriation 28.71 28.71 598 pasture x complete expropriation 28.71 28.71 598 pasture x complete expropriation 28.71 28.71 598 pasture x complete expropriation 28.71 28.71 598 pasture x complete expropriation 28.71 28.71 598 pasture x complete expropriation 143.56 143.56 36 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 598 pasture x complete expropriation 143.56 143.56 598 pasture x complete expropriation 143.56 143.56 598 pasture x complete expropriation 143.56 143.56 598 pasture x complete expropriation 478.51 478.51 598 pasture x complete expropriation 478.51 478.51 598 pasture x complete expropriation 478.51 478.51 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush stone wall complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 11 Gradac I 3/283 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 37 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush stone wall complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 38 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 18392 underbrush x complete expropriation 3457 pasture stone walls and retaining walls complete expropriation 17,219.16 17,219.16 12 Gradac I 3/308 3457 pasture stone walls and retaining walls complete expropriation 17,219.16 17,219.16 3457 pasture stone walls and retaining walls complete expropriation 17,219.16 17,219.16 274.00 meadow complete expropriation 2,123.66 274.00 meadow complete expropriation 849.46 274.00 meadow complete expropriation 849.46 13 Gradac I 1177/8 274.00 meadow complete expropriation 849.46 274.00 meadow complete expropriation 849.46 274.00 meadow complete expropriation 849.46 558.00 meadow stone walls and retaining walls complete expropriation 2,942.80 2,942.80 14 Gradac I 1177/10 558.00 meadow stone walls and retaining walls complete expropriation 2,942.80 2,942.80 558.00 meadow stone walls and retaining walls complete expropriation 2,942.80 2,942.80 156.00 crop complete expropriation 989.33 156.00 crop complete expropriation 618.12 15 Gradac I 1025/2 156.00 crop complete expropriation 206.1 156.00 crop complete expropriation 206.1 156.00 crop complete expropriation 206.1 814.00 underbrush stone walls and retaining walls complete expropriation 6,332.74 6,332.74 16 Gradac I 2/31 814.00 underbrush stone walls and retaining walls complete expropriation 1,583.18 1,583.18 1902.00 underbrush stone walls and retaining walls complete expropriation 2,309.21 2,309.21 1902.00 underbrush stone walls and retaining walls complete expropriation 2,309.21 2,309.21 1902.00 underbrush stone walls and retaining walls complete expropriation 2,309.21 2,309.21 17 Gradac I 3/303 1902.00 underbrush stone walls and retaining walls complete expropriation 2,309.21 2,309.21 1902.00 underbrush stone walls and retaining walls complete expropriation 4,618.44 4,618.44 1902.00 underbrush stone walls and retaining walls complete expropriation 4,618.44 4,618.44 2745.00 forest stone walls and retaining walls complete expropriation 11,945.25 11,945.25 2745.00 forest stone walls and retaining walls complete expropriation 1,990.87 1,990.87 2745.00 forest stone walls and retaining walls complete expropriation 1,990.87 1,990.87 2745.00 forest stone walls and retaining walls complete expropriation 1,990.87 1,990.87 18 Gradac I 2/38 2745.00 forest stone walls and retaining walls complete expropriation 1,990.87 1,990.87 2745.00 forest stone walls and retaining walls complete expropriation 497.72 497.72 2745.00 forest stone walls and retaining walls complete expropriation 497.72 497.72 2745.00 forest stone walls and retaining walls complete expropriation 422.71 422.71 39 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 2745.00 forest stone walls and retaining walls complete expropriation 422.71 422.71 2745.00 forest stone walls and retaining walls complete expropriation 422.71 422.71 2745.00 forest stone walls and retaining walls complete expropriation 422.71 422.71 2745.00 forest stone walls and retaining walls complete expropriation 422.71 422.71 2745.00 forest stone walls and retaining walls complete expropriation 17.77 17.77 2745.00 forest stone walls and retaining walls complete expropriation 17.77 17.77 2745.00 forest stone walls and retaining walls complete expropriation 17.77 17.77 2745.00 forest stone walls and retaining walls complete expropriation 17.77 17.77 2745.00 forest stone walls and retaining walls complete expropriation 71.1 71.1 2745.00 forest stone walls and retaining walls complete expropriation 23.7 23.7 2745.00 forest stone walls and retaining walls complete expropriation 23.7 23.7 2745.00 forest stone walls and retaining walls complete expropriation 23.7 23.7 2745.00 forest stone walls and retaining walls complete expropriation 71.1 71.1 2745.00 forest stone walls and retaining walls complete expropriation 582.82 582.82 940.00 farmland stone walls and retaining walls complete expropriation 3,305.46 3,305.46 940.00 farmland stone walls and retaining walls complete expropriation 3,305.46 3,305.46 19 Gradac I 1041/4 940.00 farmland stone walls and retaining walls complete expropriation 3,305.46 3,305.46 940.00 farmland stone walls and retaining walls complete expropriation 3,305.46 3,305.46 940.00 farmland stone walls and retaining walls complete expropriation 3,305.46 3,305.46 777.00 farmland complete expropriation 3,718.66 20 Gradac I 1024/9 777.00 farmland complete expropriation 3,718.66 777.00 farmland complete expropriation 3,718.66 621 farmland complete expropriation 2,166.75 621 farmland complete expropriation 2,166.75 621 farmland complete expropriation 2,166.75 621 farmland complete expropriation 2,166.75 21 Gradac I 1173/8 621 farmland complete expropriation 1,781.40 621 farmland complete expropriation 1,781.40 621 farmland complete expropriation 1,781.40 621 farmland complete expropriation 1,781.40 621 farmland complete expropriation 1,781.40 1030 meadow stone walls and retaining walls complete expropriation 5,146.39 5,146.39 22 Gradac I 990/2 1030 meadow stone walls and retaining walls complete expropriation 5,146.39 5,146.39 1030 meadow stone walls and retaining walls complete expropriation 5,146.39 5,146.39 132 pasture stone walls and retaining walls complete expropriation 404 23 Gradac I 1/58 132 pasture stone walls and retaining walls complete expropriation 404 132 pasture stone walls and retaining walls complete expropriation 404 40 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 132 pasture stone walls and retaining walls complete expropriation 404 132 pasture stone walls and retaining walls complete expropriation 404 132 pasture stone walls and retaining walls complete expropriation 404 24 Gradac I 1/57 715 pasture stone walls and retaining walls complete expropriation 13,657.60 13,657.60 1465 forest stone walls and retaining walls complete expropriation 6,836.73 1465 forest stone walls and retaining walls complete expropriation 840.68 1465 forest stone walls and retaining walls complete expropriation 840.68 1465 forest stone walls and retaining walls complete expropriation 840.68 25 Gradac I 993/2 1465 forest stone walls and retaining walls complete expropriation 699.89 1465 forest stone walls and retaining walls complete expropriation 699.89 1465 forest stone walls and retaining walls complete expropriation 699.89 1465 forest stone walls and retaining walls complete expropriation 420.34 2068 forest x complete expropriation 8,919.65 8,919.65 2068 forest x complete expropriation 4,495.82 4,495.82 2068 forest x complete expropriation 637.11 637.11 2068 forest x complete expropriation 637.11 637.11 26 Gradac I 1/63 2068 forest x complete expropriation 637.11 637.11 2068 forest x complete expropriation 637.11 637.11 2068 forest x complete expropriation 637.11 637.11 2068 forest x complete expropriation 637.11 637.11 2068 forest x complete expropriation 637.11 637.11 27 Gradac I 1175/10 237 meadow x complete expropriation 5,170.20 5,170.20 28 Gradac I 1180/11 594 forest x complete expropriation 6,391.00 6,391.00 121 farmland stone walls and retaining walls complete expropriation 1,356.81 1,356.81 29 Gradac I 991/4 121 farmland stone walls and retaining walls complete expropriation 1,356.81 1,356.81 30 Gradac I 989/2 802 forest stone walls and retaining walls complete expropriation 13,042.00 13,042.00 3170 pasture x complete expropriation 24,655.55 24,655.55 3170 pasture x complete expropriation 2,465.55 2,465.55 3170 pasture x complete expropriation 2,465.55 2,465.55 3170 pasture x complete expropriation 2,465.55 2,465.55 3170 pasture x complete expropriation 2,465.55 2,465.55 31 Gradac I 3/300 3170 pasture x complete expropriation 1,972.44 1,972.44 3170 pasture x complete expropriation 1,972.44 1,972.44 3170 pasture x complete expropriation 1,972.44 1,972.44 3170 pasture x complete expropriation 1,972.44 1,972.44 3170 pasture x complete expropriation 1,972.44 1,972.44 32 Gradac I 3/299 3023 underbrush stone walls and retaining walls complete expropriation 5,225.93 5,225.93 41 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 3023 underbrush stone walls and retaining walls complete expropriation 5,225.93 5,225.93 3023 underbrush stone walls and retaining walls complete expropriation 1,040.04 1,040.04 3023 underbrush stone walls and retaining walls complete expropriation 1,048.61 1,048.61 3023 underbrush stone walls and retaining walls complete expropriation 1,048.61 1,048.61 3023 underbrush stone walls and retaining walls complete expropriation 1,048.61 1,048.61 3023 underbrush stone walls and retaining walls complete expropriation 1,040.04 1,040.04 3023 underbrush stone walls and retaining walls complete expropriation 3,195.34 3,195.34 3023 underbrush stone walls and retaining walls complete expropriation 802.89 802.89 3023 underbrush stone walls and retaining walls complete expropriation 802.89 802.89 3023 underbrush stone walls and retaining walls complete expropriation 802.89 802.89 3023 underbrush stone walls and retaining walls complete expropriation 794.98 794.98 3023 underbrush stone walls and retaining walls complete expropriation 640.69 640.69 3023 underbrush stone walls and retaining walls complete expropriation 640.69 640.69 3023 underbrush stone walls and retaining walls complete expropriation 640.69 640.69 3023 underbrush stone walls and retaining walls complete expropriation 640.69 640.69 3023 underbrush stone walls and retaining walls complete expropriation 640.69 640.69 3713 forest complete expropriation 15,303.10 15,303.10 3713 forest complete expropriation 1,093.08 1,093.08 3713 forest complete expropriation 1,093.08 1,093.08 3713 forest complete expropriation 1,093.08 1,093.08 33 Gradac I 2/35 3713 forest complete expropriation 1,093.08 1,093.08 3713 forest complete expropriation 1,093.08 1,093.08 3713 forest complete expropriation 1,093.08 1,093.08 3713 forest complete expropriation 1,093.08 1,093.08 3713 forest complete expropriation 7,651.55 7,651.55 1357 forest stone walls retaining walls complete expropriation 1357 forest stone walls retaining walls complete expropriation 1357 forest stone walls retaining walls complete expropriation 1357 forest stone walls retaining walls complete expropriation 1357 forest stone walls retaining walls complete expropriation 1357 forest stone walls retaining walls complete expropriation 34 Gradac I 2/27 1357 forest stone walls retaining walls complete expropriation 1357 forest stone walls retaining walls complete expropriation 1357 forest stone walls retaining walls complete expropriation 1357 forest stone walls retaining walls complete expropriation 1357 forest stone walls retaining walls complete expropriation 2,616.60 2,616.60 1357 forest stone walls retaining walls complete expropriation 272.66 272.66 42 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 1357 forest stone walls retaining walls complete expropriation 272.66 272.66 1357 forest stone walls retaining walls complete expropriation 272.66 272.66 1357 forest stone walls retaining walls complete expropriation 2607 forest stone walls and retaining walls complete expropriation 5,096.72 5,096.72 2607 forest stone walls and retaining walls complete expropriation 5,096.72 5,096.72 35 Gradac I 540/4 2607 forest stone walls and retaining walls complete expropriation 5,096.72 5,096.72 2607 forest stone walls and retaining walls complete expropriation 5,096.72 5,096.72 2607 forest stone walls and retaining walls complete expropriation 5,096.72 5,096.72 2407 forest stone walls and retaining walls complete expropriation 3,808.60 3,808.60 2407 forest stone walls and retaining walls complete expropriation 3,808.60 3,808.60 2407 forest stone walls and retaining walls complete expropriation 3,808.60 3,808.60 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 36 Gradac I 2/23 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 2407 forest stone walls and retaining walls complete expropriation 205 pasture stone walls and retaining walls complete expropriation 2,575.83 205 pasture stone walls and retaining walls complete expropriation 2,575.83 37 Gradac I 1/67 205 pasture stone walls and retaining walls complete expropriation 343.44 205 pasture stone walls and retaining walls complete expropriation 343.44 205 pasture stone walls and retaining walls complete expropriation 343.44 2206 forest complete expropriation 20,064.30 20,064.30 2206 forest complete expropriation 1,114.68 1,114.68 38 Gradac I 540/6 2206 forest complete expropriation 1,114.68 1,114.68 2206 forest complete expropriation 1,114.68 1,114.68 43 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 1373 forest stone walls and retaining walls complete expropriation 1,286.10 1,286.10 1373 forest stone walls and retaining walls complete expropriation 1,286.10 1,286.10 1373 forest stone walls and retaining walls complete expropriation 1,286.10 1,286.10 1373 forest stone walls and retaining walls complete expropriation 1,286.10 1,286.10 1373 forest stone walls and retaining walls complete expropriation 1,286.10 1,286.10 39 Gradac I 1/68 1373 forest stone walls and retaining walls complete expropriation 2,251.97 2,251.97 1373 forest stone walls and retaining walls complete expropriation 2,251.97 2,251.97 1373 forest stone walls and retaining walls complete expropriation 300.23 300.23 1373 forest stone walls and retaining walls complete expropriation 300.23 300.23 1373 forest stone walls and retaining walls complete expropriation 300.23 300.23 2976 forest stone walls and retaining walls complete expropriation 739.01 739.01 2976 forest stone walls and retaining walls complete expropriation 369.5 369.5 2976 forest stone walls and retaining walls complete expropriation 2976 forest stone walls and retaining walls complete expropriation 2976 forest stone walls and retaining walls complete expropriation 2976 forest stone walls and retaining walls complete expropriation 2976 forest stone walls and retaining walls complete expropriation 52.88 52.88 2976 forest stone walls and retaining walls complete expropriation 40 Gradac I 2/33 2976 forest stone walls and retaining walls complete expropriation 2976 forest stone walls and retaining walls complete expropriation 14,996.04 14,996.04 2976 forest stone walls and retaining walls complete expropriation 3,741.97 3,741.97 2976 forest stone walls and retaining walls complete expropriation 1,199.43 1,199.43 2976 forest stone walls and retaining walls complete expropriation 1,199.43 1,199.43 2976 forest stone walls and retaining walls complete expropriation 1,199.43 1,199.43 2976 forest stone walls and retaining walls complete expropriation 1,199.43 1,199.43 2976 forest stone walls and retaining walls complete expropriation 1,199.43 1,199.43 2976 forest stone walls and retaining walls complete expropriation 1,199.43 1,199.43 1125 farmland stone walls and retaining walls complete expropriation 9,177.65 9,177.65 1125 farmland stone walls and retaining walls complete expropriation 1,147.21 1,147.21 1125 farmland stone walls and retaining walls complete expropriation 1,147.21 1,147.21 1125 farmland stone walls and retaining walls complete expropriation 1,147.21 1,147.21 41 Gradac I 1024/12 1125 farmland stone walls and retaining walls complete expropriation 1,147.21 1,147.21 1125 farmland stone walls and retaining walls complete expropriation 1,529.61 1,529.61 1125 farmland stone walls and retaining walls complete expropriation 1,529.61 1,529.61 1125 farmland stone walls and retaining walls complete expropriation 1,529.61 1,529.61 365 pasture stone walls and retaining walls complete expropriation 159.95 159.95 42 Gradac I 994/4 365 pasture stone walls and retaining walls complete expropriation 159.95 159.95 44 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 365 pasture stone walls and retaining walls complete expropriation 159.95 159.95 365 pasture stone walls and retaining walls complete expropriation 159.95 159.95 365 pasture stone walls and retaining walls complete expropriation 159.95 159.95 365 pasture stone walls and retaining walls complete expropriation 799.76 799.76 365 pasture stone walls and retaining walls complete expropriation 799.76 799.76 365 pasture stone walls and retaining walls complete expropriation 365 pasture stone walls and retaining walls complete expropriation 365 pasture stone walls and retaining walls complete expropriation 1,244.05 1,244.05 365 pasture stone walls and retaining walls complete expropriation 177.72 177.72 365 pasture stone walls and retaining walls complete expropriation 177.72 177.72 365 pasture stone walls and retaining walls complete expropriation 79.97 79.97 365 pasture stone walls and retaining walls complete expropriation 79.97 79.97 365 pasture stone walls and retaining walls complete expropriation 79.97 79.97 365 pasture stone walls and retaining walls complete expropriation 79.97 79.97 365 pasture stone walls and retaining walls complete expropriation 79.97 79.97 365 pasture stone walls and retaining walls complete expropriation 16.07 16.07 365 pasture stone walls and retaining walls complete expropriation 16.07 16.07 365 pasture stone walls and retaining walls complete expropriation 16.07 16.07 365 pasture stone walls and retaining walls complete expropriation 16.07 16.07 365 pasture stone walls and retaining walls complete expropriation 16.07 16.07 365 pasture stone walls and retaining walls complete expropriation 79.97 79.97 365 pasture stone walls and retaining walls complete expropriation 79.97 79.97 365 pasture stone walls and retaining walls complete expropriation 79.97 79.97 365 pasture stone walls and retaining walls complete expropriation 79.97 79.97 365 pasture stone walls and retaining walls complete expropriation 266.58 266.58 365 pasture stone walls and retaining walls complete expropriation 266.58 266.58 365 pasture stone walls and retaining walls complete expropriation 266.58 266.58 43 Gradac I 1174/5 4 farmland x complete expropriation 612.15 612.15 1669 forest stone walls and retaining walls complete expropriation 5,552.89 5,552.89 44 Gradac I 1029/2 1669 forest stone walls and retaining walls complete expropriation 5,552.89 5,552.89 1669 forest stone walls and retaining walls complete expropriation 5,552.89 5,552.89 3457 forest stone walls and retaining walls complete expropriation 6,435.96 6,435.96 3457 forest stone walls and retaining walls complete expropriation 6,435.96 6,435.96 45 Gradac I 1/65 3457 forest stone walls and retaining walls complete expropriation 6,435.96 6,435.96 3457 forest stone walls and retaining walls complete expropriation 6,435.96 6,435.96 3457 forest stone walls and retaining walls complete expropriation 6,435.96 6,435.96 46 Gradac I 1/59 2585 pasture x complete expropriation 45 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2585 pasture x complete expropriation 2090 forest stone walls and retaining walls complete expropriation 3,217.17 3,217.17 2090 forest stone walls and retaining walls complete expropriation 3,217.17 3,217.17 2090 forest stone walls and retaining walls complete expropriation 3,217.17 3,217.17 2090 forest stone walls and retaining walls complete expropriation 3,217.17 3,217.17 47 Gradac I 1/53 2090 forest stone walls and retaining walls complete expropriation 3,217.17 3,217.17 2090 forest stone walls and retaining walls complete expropriation 3,217.17 3,217.17 2090 forest stone walls and retaining walls complete expropriation 3,029.96 3,029.96 2090 forest stone walls and retaining walls complete expropriation 3,029.96 3,029.96 2090 forest stone walls and retaining walls complete expropriation 3,029.96 3,029.96 172 farmland stone walls and retaining walls complete expropriation 1,551.20 1,551.20 48 Gradac I 991/3 172 farmland stone walls and retaining walls complete expropriation 1,551.20 1,551.20 3185 forest stone walls and retaining walls complete expropriation 646.1 3,903.91 3185 forest stone walls and retaining walls complete expropriation 489.21 489.21 49 Gradac I 2/25 3185 forest stone walls and retaining walls complete expropriation 489.21 489.21 3185 forest stone walls and retaining walls complete expropriation 489.21 489.21 3185 forest stone walls and retaining walls complete expropriation 489.21 489.21 46 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 3185 forest stone walls and retaining walls complete expropriation 646.1 646.1 3185 forest stone walls and retaining walls complete expropriation 646.1 646.1 3185 forest stone walls and retaining walls complete expropriation 646.1 646.1 3185 forest stone walls and retaining walls complete expropriation 10,434.94 10,434.94 3185 forest stone walls and retaining walls complete expropriation 2,603.68 2,603.68 3185 forest stone walls and retaining walls complete expropriation 1,446.34 1,446.34 3185 forest stone walls and retaining walls complete expropriation 1,436.77 1,436.77 3185 forest stone walls and retaining walls complete expropriation 1,436.77 1,436.77 3185 forest stone walls and retaining walls complete expropriation 1,436.77 1,436.77 3185 forest stone walls and retaining walls complete expropriation 1,436.77 1,436.77 3185 forest stone walls and retaining walls complete expropriation 1,436.77 1,436.77 3185 forest stone walls and retaining walls complete expropriation 1,436.77 1,436.77 996 forest stone walls and retaining walls complete expropriation 5,066.78 5,066.78 996 forest stone walls and retaining walls complete expropriation 5,066.78 5,066.78 996 forest stone walls and retaining walls complete expropriation 256.07 256.07 50 Gradac I 1042/2 996 forest stone walls and retaining walls complete expropriation 256.07 256.07 996 forest stone walls and retaining walls complete expropriation 256.07 256.07 996 forest stone walls and retaining walls complete expropriation 256.07 256.07 589 forest stone walls and retaining walls complete expropriation 2,858.85 2,858.85 51 Gradac I 3/295 589 forest stone walls and retaining walls complete expropriation 1,429.40 1,429.40 589 forest stone walls and retaining walls complete expropriation 1,429.40 1,429.40 50 farmland x complete expropriation 200 200 50 farmland x complete expropriation 200 200 52 Gradac I 1041/6 50 farmland x complete expropriation 200 200 50 farmland x complete expropriation 200 200 53 Gradac I 1173/7 495 plantations stone walls and retaining walls complete expropriation 10,787.10 10,787.10 410 pasture stone walls and retaining walls complete expropriation 6,702.15 6,702.15 54 Gradac I 3/212 410 pasture stone walls and retaining walls complete expropriation 6,702.15 6,702.15 1283 forest stone walls and retaining walls complete expropriation 5,533.83 55 Gradac I 3/288 1283 forest stone walls and retaining walls complete expropriation 5,533.83 712 farmland stone walls and retaining walls complete expropriation 5,863.66 56 Gradac I 1176/4 712 farmland stone walls and retaining walls complete expropriation 5,863.66 712 farmland stone walls and retaining walls complete expropriation 5,863.66 4090 forest stone walls and retaining walls complete expropriation 442.23 442.23 4090 forest stone walls and retaining walls complete expropriation 442.23 442.23 57 Gradac I 2/39 4090 forest stone walls and retaining walls complete expropriation 442.23 442.23 4090 forest stone walls and retaining walls complete expropriation 442.23 442.23 47 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 4090 forest stone walls and retaining walls complete expropriation 442.23 442.23 4090 forest stone walls and retaining walls complete expropriation 442.23 442.23 4090 forest stone walls and retaining walls complete expropriation 442.23 442.23 4090 forest stone walls and retaining walls complete expropriation 3,095.62 3,095.62 4090 forest stone walls and retaining walls complete expropriation 4090 forest stone walls and retaining walls complete expropriation 4090 forest stone walls and retaining walls complete expropriation 4090 forest stone walls and retaining walls complete expropriation 4090 forest stone walls and retaining walls complete expropriation 309.61 309.61 4090 forest stone walls and retaining walls complete expropriation 309.61 309.61 4090 forest stone walls and retaining walls complete expropriation 309.61 309.61 4090 forest stone walls and retaining walls complete expropriation 309.61 309.61 4090 forest stone walls and retaining walls complete expropriation 309.61 309.61 4090 forest stone walls and retaining walls complete expropriation 1,547.81 1,547.81 4090 forest stone walls and retaining walls complete expropriation 1,547.81 1,547.81 4090 forest stone walls and retaining walls complete expropriation 773.9 773.9 4090 forest stone walls and retaining walls complete expropriation 773.9 773.9 4090 forest stone walls and retaining walls complete expropriation 2,407.68 2,407.68 4090 forest stone walls and retaining walls complete expropriation 343.95 343.95 4090 forest stone walls and retaining walls complete expropriation 343.95 343.95 4090 forest stone walls and retaining walls complete expropriation 636.18 636.18 4090 forest stone walls and retaining walls complete expropriation 636.18 636.18 4090 forest stone walls and retaining walls complete expropriation 66.33 66.33 4090 forest stone walls and retaining walls complete expropriation 66.33 66.33 4090 forest stone walls and retaining walls complete expropriation 66.33 66.33 4090 forest stone walls and retaining walls complete expropriation 66.33 66.33 4090 forest stone walls and retaining walls complete expropriation 66.33 66.33 4090 forest stone walls and retaining walls complete expropriation 13.26 13.26 4090 forest stone walls and retaining walls complete expropriation 13.26 13.26 4090 forest stone walls and retaining walls complete expropriation 13.26 13.26 4090 forest stone walls and retaining walls complete expropriation 13.26 13.26 4090 forest stone walls and retaining walls complete expropriation 13.26 13.26 4090 forest stone walls and retaining walls complete expropriation 66.33 66.33 4090 forest stone walls and retaining walls complete expropriation 66.33 66.33 4090 forest stone walls and retaining walls complete expropriation 66.33 66.33 4090 forest stone walls and retaining walls complete expropriation 66.33 66.33 4090 forest stone walls and retaining walls complete expropriation 221.11 221.11 48 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 4090 forest stone walls and retaining walls complete expropriation 221.11 221.11 4090 forest stone walls and retaining walls complete expropriation 221.11 221.11 4090 forest stone walls and retaining walls complete expropriation 6,191.27 6,191.27 4090 forest stone walls and retaining walls complete expropriation 1,547.81 1,547.81 4090 forest stone walls and retaining walls complete expropriation 1,547.81 1,547.81 4090 forest stone walls and retaining walls complete expropriation 4,127.34 4,127.34 4090 forest stone walls and retaining walls complete expropriation 1,031.87 1,031.87 4090 forest stone walls and retaining walls complete expropriation 1,031.87 1,031.87 592 forest stone walls and retaining walls complete expropriation 1,194.92 1,194.92 592 forest stone walls and retaining walls complete expropriation 1,194.92 1,194.92 592 forest stone walls and retaining walls complete expropriation 1,194.92 1,194.92 592 forest stone walls and retaining walls complete expropriation 567.43 567.43 58 Gradac I 1180/10 592 forest stone walls and retaining walls complete expropriation 298.73 298.73 592 forest stone walls and retaining walls complete expropriation 298.73 298.73 592 forest stone walls and retaining walls complete expropriation 567.43 567.43 592 forest stone walls and retaining walls complete expropriation 567.43 567.43 838 farmland stone walls and retaining walls complete expropriation 2,862.97 2,862.97 838 farmland stone walls and retaining walls complete expropriation 2,862.97 2,862.97 838 farmland stone walls and retaining walls complete expropriation 2,862.97 2,862.97 838 farmland stone walls and retaining walls complete expropriation 1,399.06 1,399.06 59 Gradac I 1041/5 838 farmland stone walls and retaining walls complete expropriation 1,399.06 1,399.06 838 farmland stone walls and retaining walls complete expropriation 1,399.06 1,399.06 838 farmland stone walls and retaining walls complete expropriation 1,399.06 1,399.06 838 farmland stone walls and retaining walls complete expropriation 1,399.06 1,399.06 3445 underbrush stone walls and retaining walls complete expropriation 9,147.75 9,147.75 3445 underbrush stone walls and retaining walls complete expropriation 392.03 392.03 3445 underbrush stone walls and retaining walls complete expropriation 58.07 58.07 3445 underbrush stone walls and retaining walls complete expropriation 58.07 58.07 3445 underbrush stone walls and retaining walls complete expropriation 381.15 381.15 3445 underbrush stone walls and retaining walls complete expropriation 381.15 381.15 60 Gradac I 3/284 3445 underbrush stone walls and retaining walls complete expropriation 762.31 762.31 3445 underbrush stone walls and retaining walls complete expropriation 254.09 254.09 3445 underbrush stone walls and retaining walls complete expropriation 254.09 254.09 3445 underbrush stone walls and retaining walls complete expropriation 254.09 254.09 3445 underbrush stone walls and retaining walls complete expropriation 254.09 254.09 3445 underbrush stone walls and retaining walls complete expropriation 254.09 254.09 3445 underbrush stone walls and retaining walls complete expropriation 254.09 254.09 49 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 3445 underbrush stone walls and retaining walls complete expropriation 169.39 169.39 3445 underbrush stone walls and retaining walls complete expropriation 112.92 112.92 3445 underbrush stone walls and retaining walls complete expropriation 37.64 37.64 3445 underbrush stone walls and retaining walls complete expropriation 37.64 37.64 3445 underbrush stone walls and retaining walls complete expropriation 37.64 37.64 3445 underbrush stone walls and retaining walls complete expropriation 37.64 37.64 3445 underbrush stone walls and retaining walls complete expropriation 37.64 37.64 1651 forest stone walls and retaining walls complete expropriation 2,054.84 2,054.84 1651 forest stone walls and retaining walls complete expropriation 2,054.84 2,054.84 1651 forest stone walls and retaining walls complete expropriation 2,054.84 2,054.84 61 Gradac I 3/291 1651 forest stone walls and retaining walls complete expropriation 2,547.14 2,547.14 1651 forest stone walls and retaining walls complete expropriation 2,547.14 2,547.14 1651 forest stone walls and retaining walls complete expropriation 5,099.28 5,099.28 839 forest x complete expropriation 11,683.08 11,683.08 839 forest x complete expropriation 18.88 18.88 839 forest x complete expropriation 18.88 18.88 839 forest x complete expropriation 18.88 18.88 839 forest x complete expropriation 18.88 18.88 839 forest x complete expropriation 0.8 0.8 839 forest x complete expropriation 0.8 0.8 839 forest x complete expropriation 0.8 0.8 839 forest x complete expropriation 0.8 0.8 839 forest x complete expropriation 3.2 3.2 839 forest x complete expropriation 1.91 1.91 839 forest x complete expropriation 1.91 1.91 62 Gradac I 1/55 839 forest x complete expropriation 1.04 1.04 839 forest x complete expropriation 3.2 3.2 839 forest x complete expropriation 26.08 26.08 839 forest x complete expropriation 839 forest x complete expropriation 26.4 26.4 839 forest x complete expropriation 839 forest x complete expropriation 26.4 26.4 839 forest x complete expropriation 26.4 26.4 839 forest x complete expropriation 26.4 26.4 839 forest x complete expropriation 106.56 106.56 839 forest x complete expropriation 26.72 26.72 839 forest x complete expropriation 50 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 839 forest x complete expropriation 839 forest x complete expropriation 133.28 133.28 839 forest x complete expropriation 133.28 133.28 839 forest x complete expropriation 133.28 133.28 839 forest x complete expropriation 88.8 88.8 839 forest x complete expropriation 22.24 22.24 839 forest x complete expropriation 22.24 22.24 839 forest x complete expropriation 839 forest x complete expropriation 839 forest x complete expropriation 839 forest x complete expropriation 839 forest x complete expropriation 122.7 122.7 839 forest x complete expropriation 33.28 33.28 839 forest x complete expropriation 61.27 61.27 839 forest x complete expropriation 48.9 48.9 839 forest x complete expropriation 839 forest x complete expropriation 48.9 48.9 839 forest x complete expropriation 839 forest x complete expropriation 839 forest x complete expropriation 133.28 133.28 839 forest x complete expropriation 22.88 22.88 839 forest x complete expropriation 3.76 3.76 839 forest x complete expropriation 3.76 3.76 839 forest x complete expropriation 3.76 3.76 839 forest x complete expropriation 3.76 3.76 839 forest x complete expropriation 19.04 19.04 839 forest x complete expropriation 19.04 19.04 839 forest x complete expropriation 839 forest x complete expropriation 839 forest x complete expropriation 839 forest x complete expropriation 839 forest x complete expropriation 839 forest x complete expropriation 839 forest x complete expropriation 44.4 44.4 839 forest x complete expropriation 44.4 44.4 839 forest x complete expropriation 44.4 44.4 51 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Annex 4 – Summary of Socio-economic Survey Data Note: Full data is provided in separate Excel tables. Affecte d land used Possibility Questionnai Compensati Type of Satisfied with for No Nationali Area of affected plot of re reference Plot no. on paid or compensati compensation farmin . ty (m2) negotiating no. pending on ? g or ? pasture for cattle? 1173/7, 3/291, 1175/103/282, 3/283, 3/284, 1180/11, 1 1 Croatian paid cca. 170 m2 monetary no yes yes 1175/10 no/market 2 2 Croatian 3/300, 3/299 paid cca. 1.700 m2 monetary yes no price no/market 3 3 Croatian 3/282, 3/283 paid cca. 80 m2 monetary ne no price no/market 4 4 Croatian 1042/2, 3/303 paid cca. 1.000 m2 monetary yes no price no/market 5 5 Croatian 1/71, 1/61 paid 46,5 m2 and 11 m2 monetary no yes price no/market 6 6 Croatian 1/71, 538/56, 990/2 paid 1.000m2 and 270 m2 monetary yes yes price no/market 7 7 Croatian 987/8, 1/55 paid 42,87 m2 monetary yes yes price no/market 8 8 Croatian 1/58, 1/53, 1/61 paid 28,94 m2 monetary somewhat yes price currently Negotiation 9 9 Croatian 3/299, 1041/4, 3/304, 3/300, 1173/8 pending 140,8 m2 and 62,1 m2 no yes negotiating in progress no/market 10 10 Croatian 3/282, 3/283, 3/291 paid 174,16 and cca. 360 m2 monetary yes no price no/market 11 11 Croatian 3/284, 3/288, 3/287 paid cca. 1.430,50 m2 monetary somewhat yes price 12 12 Croatian 1/58, 1/61 paid cca. 400 m2 monetary no no no no/market 13 13 Croatian 3/283, 3/282, 3/280, 3/275 paid cca. 320 m2 monetary yes no price no/market 14 14 Croatian 989/2 paid 2 x 700 m2 monetary yes yes price 52 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report no/market 15 15 Croatian 2/35, 1/63, 2/33, 2/39 paid 52 m2 monetary somewhat yes price no/market 16 16 Croatian 1024/12, 2/25 paid cca. 550 m2 monetary somewhat yes price no/market 17 17 Croatian 1/61, 1/55 paid cca. 180 m2 monetary yes yes price 18 18 Croatian 1041/6, 3/299, 3/300,1173/8, 3/304 paid cca. 170 m2 monetary yes no no no/market 19 19 Croatian 540/6, 1/68 paid cca. 155 m2 monetary yes yes price no/market 20 20 Croatian 994/4, 994/3, 2/39, 1/71 paid cca. 30 m2 monetary yes yes price no/market 21 21 Croatian 1/61, 2/38, 2/27, 1/55 paid 57,18 m2 and others monetary somewhat no price no/market 22 22 Croatian 1029/2, 3/309, 2/23 paid cca. 750 m2 monetary yes no price no/market 23 23 Croatian 540/4, 1/68, 1/65, 1/71 paid cca.74 m2 monetary somewhat yes price no/market 24 24 Croatian 1/67 paid cca. 50 m2 monetary yes no price no/market 25 25 Croatian 1/38 paid cca. 100 m2 monetary no yes price no/market 26 26 Croatian 3/283, paid cca. 200 m2 monetary yes no price no/market 27 27 Croatian 994/3, 994/4, 2/39 paid cca 50 m2 (three plots) monetary yes no price 566,33 m2, 37,9 m2, 14,44 no/market 28 28 Croatian 1025/2, 2,23, 3/309 paid monetary somewhat no m2 price 53 Annex 5 – Detailed Description of the Key Provisions of the Law on Expropriation of FBiH Public Interest and Purpose of Expropriation Property can only be expropriated upon the establishment of public interest for construction of facilities or carrying out other works on the property. Real property may be expropriated if this is required for construction of traffic infrastructure, economic, utility, health, educational and cultural facilities, defense facilities, administrative and other facilities in the public interest, when it is assessed that using the real property for which expropriation is proposed will produce a greater benefit than would be produced if the real property is continued to be used in the previous manner. Expropriation may be carried out for the needs of FBiH, cantons, cities, municipalities, public enterprises and public institutions, unless otherwise provided by the Law. Exceptionally, expropriation may establish usufruct for the benefit of citizens for the purpose of installing water and sewage pipelines, electric and telephone cables, gas pipelines, and other cases provided for under the Law. Public interest may be established by issuing a Decree or by a dedicated law. Public interest will be deemed as established by a physical plan or urban design adopted for a certain area. The Decree on Establishing Public Interest, upon the proposal of the expropriation beneficiary submitted along with the Expropriation Study, is issued by: the Government of FBiH when construction or works are being carried out on the territory of two or more cantons (based upon the prior opinion of cantonal governments), the government of cantons when construction or works are to be carried out on the territory of two or more municipalities (upon the prior opinion of municipal councils), or the municipality when construction or works are being carried out on the territory of the municipality. Expropriation Procedure The expropriation procedure comprises the following steps: 1. Preparation for expropriation: The expropriation beneficiary may request, for the purpose of preparing an investment study, or submitting a proposal for the establishment of public interest or submitting a proposal for expropriation, to be allowed to perform the necessary preparations on designated property, in accordance with the procedure set out in the Law. The proposal is submitted to the Municipal Administration for Ownership Affairs (“Municipal Administration”). 2. The relevant authority issues the Decree on Establishing Public Interest. 3. The expropriation beneficiary is required to publish a public announcement to invite the property owners and try to reach a prior amicable sale-purchase agreement with the affected owner. 4. The expropriation beneficiary submits a proposal for expropriation to the Municipal Administration, along with the required documentation set out in Article 24 of the Law. If deemed necessary, the proposal may contain a request for temporary occupation of other land needed for the construction of the facility or carrying out works in public interest. This request may also be submitted as a separate proposal. 5. The Municipal Administration is obliged to notify the owner of the property, without delay, of the submitted proposal for expropriation. The expropriation beneficiary and the owner of property may also conclude an amicable sale-purchase agreement after the submission of the proposal for expropriation, i.e. up to the validity of the Decision on Expropriation issued by the Municipal Administration. 55 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 6. The expropriation notice is entered into the land register and other registers upon the request of the expropriation beneficiary. 7. The Municipal Administration is obliged to hear the owner of the property in regard to the expropriation facts. 8. The Municipal Administration issues a Decision on Expropriation, after completing the proceedings on an urgent basis. Appeal against this Decision may be submitted to the Federal Administration for Geodesy and Legal Property Affairs (mentioned as the “Federal Administration” in the Law). In the event that the land registry entry does not correspond to the actual ownership situation (often the case), the municipal department should sort out the title issues prior to proceeding with further steps. 9. When the Decision on Expropriation becomes enforceable, the Municipal Administration is obliged to convene and hold a hearing to determine the compensation for the expropriated real property through an agreement and without delay. 10. If no agreement on compensation is reached within 2 months of the validity of the Decision on Expropriation (or less if the Municipal Administration decides as such), the Municipal Administration submits the valid Decision together with other relevant documents to the competent Court, at the territory of which the expropriated real property is located, for the purpose of determining the compensation. The competent court ex officio decides in non-contentious proceedings on the amount of compensation for the expropriated real property. 11. Taking possession over the affected property is possible only upon a valid Decision on Expropriation and once the compensation is paid or possession of other real property is granted. The exceptions are urgent cases or avoiding considerable damage, in which case the Government of FBiH may issue a Decree to allow the expropriation beneficiary to take possession of the property prior to validity of the Decision on Expropriation or the payment of compensation, under the condition that the owner refused to conclude an amicable sale-purchase agreement. If the expropriation proposal is later rejected in the further procedure, the expropriation beneficiary is obliged to compensate for damage caused to the owner by gaining the possession of the real property. 12. Formal transfer of legal title in the land register is carried out on the basis of a valid Decision and proof of payment of compensation or proof that the previous owner has acquired ownership over other corresponding real property. Full (“Complete”) and Partial (“Incomplete”) Expropriation Full expropriation allows the expropriation beneficiary to obtain legal title over the expropriated property, while the rights of the previous owner over the real property as well as other rights cease to exist. Partial expropriation provides the beneficiary with usufruct rights on the land and structures, as well as the lease of land for a definite period of time - at the end of the lease, usufruct rights over land are returned to the previous owner. Partial expropriation is subject to the possibility that the land can be fully restored and the lease not being more than five years. However, owners that are affected by a partial loss of their properties are entitled to request complete expropriation and the corresponding compensation, in case partial expropriation would deteriorate the economic situation of the real property owner or make the remaining part of the real property useless or difficult to use. Such landowners must be informed about this entitlement by the official managing the expropriation process. Cancellation of Decision on Expropriation and Withdrawal of Proposal for Expropriation The expropriation beneficiary may, before the Decision on Expropriation becomes valid, withdraw the proposal for expropriation fully or partly, but a partial withdrawal will not be allowed if the owner of the property files a 56 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report complaint that his/her rights have been violated. A request for cancellation of the Decision on Expropriation may be filed by the previous owner after the expiry of 3 years from the date of validity of the Decision if the expropriation beneficiary has not executed substantial works. The request for cancellation of the Decision on Expropriation and withdrawal of proposal for expropriation is decided upon by the Municipal Administration. Compensation Article 31 of the Law provides that compensation arrangements must be settled prior to formal transfer of ownership of the expropriated property. Compensation costs are borne by the expropriation beneficiary. A general principle of the Law is that compensation should be provided at market value (Article 12). The market value is calculated based on the price in the territory in which the real property is to be expropriated, which may be achieved for a specific real property on the market, and which depends on the ratio of offer and demand at the time of its determination. Compensation for land is based on the type of land (agricultural land, forests, orchards, etc.) and the related benefits that the owner would obtain if there were no expropriation. Article 45 provides that expropriation of illegally constructed structures entails no compensation, and that the persons who raised such structures may have to remove them within a timeframe agreed upon with the municipal department in charge, or otherwise this may be organized by the municipality, with the original constructor to be charged for the costs incurred. The personal and family circumstances of the owners whose real property is pending expropriation, as well as circumstances which may have adverse economic effects, should be taken into account when determining the compensation extent23 (Article 47). This Article addresses livelihood restoration beyond the sheer compensation of the lost asset by providing flexibility based on a case-by-case assessment of personal circumstances. Businesses and their specific livelihood restoration requirements are explicitly addressed by Article 47. 23 Article 47: “Personal and other family conditions of the previous owner of the expropriated real prope rty shall be taken into consideration as a corrective for an increase in the amount of determined compensation if those conditions are of great importance for the subsistence of the previous owner, and in particular if his/her subsistence has been endangered due to the expropriation of a larger part or the entire land or business premises in which the previous owner legally performed a business activity, as well as in the case where due to the expropriation members of an agricultural household have to move from the territory where they had lived.” 57 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Annex 6 – Example of Official Property Valuation 1. BACKGROUND The procedure of land compensation for the construction of the main road M 17.3 Neum – Stolac, section Kiševo – Broćanac is due as per the proposal from PC Roads FBiH, and I was appointed as the expert of the construction industry pursuant to the decision of the Municipality of Neum, no. UPI – 07 – 33 – 393/12 dated 11 October 2012, with the aim of valuating construction works on the real property in subject: cadastral plot 3/281 of the Cadastral Municipality of Gradac, owned by /name deleted/ with the area of 2,013 sq. m. I have visited the site accompanied by the representatives of PC Roads FBiH from Sarajevo and the owner of the plot, made photo evidence, measuring and the records. The hand-made stone walls at the plot are to be fully compensated. Borders between plots are made of hand-made walls, stone had to be sought, dug out of ground and fit into the free- standing wall in order to achieve such age. Walls were built to prevent domestic animals from entering the plot. The walls were 1.2m high and 0.4m wide. Construction of the walls was not an easy job whatsoever and it sought a lot of skill, labor and patience. Considering the state at the site I noticed that some parts of the walls have deteriorated and collapsed and reviewing the attached documents herewith is submit the evidence as follows: 2. PLOT DESCRIPTION; CADASTRAL PLOT 3/281 K.O. SP – GRADAC Valuation of the real property is being made at the site marked cadastral plot 3/281, Cadastral Municipality SP – Gradac, with an area of 2,013 sq. m, recorded in the Land Book no. 2184, Cadastral Municipality SP – Gradac. The owner of the plot is /name deleted/ in the ownership of 172. The structures located at the plot are as follows: Stone drywall stretched alongside the plot with the variable height alongside its length and the average height is: 0.4 x 1m dimension, 136m long. 3. VALUATION OF CONSTRUCTION WORKS Stone drywall: Price of the wall per cub m is 70 KM 54.4 x 70 = 3,808 KM x ½ part = 1,904 KM Pursuant to the decision of the Service for legal property matters and the cadaster of real property, no. UP/I-07-33-393/12 dated 11 December 2012, I was appointed as the agricultural expert for valuation of the market value of the compensated plots and vegetation on it for the requirements of constructing the main road M 17.3 Neum – Stolac, section Kiševo – Broćanac, sub-section 3+021.062 km (P1) to 6+822.755 km (P142 to the tunnel Oštrovac). On the day of 7 December 2012 in the company of the plot owner, survey expert and the authorized attorney of PC Roads FBiH Sarajevo, and after the identification I made the investigation at the site, at the plots subject to the compensation, and established the facts as follows: Cadastral plot no. 3/281 in the area of 2,013 sq. m, in underbrush nature, recorded in the land book 2184, Cadastral Municipality Gradac, with the property and real ownership of /name deleted/ from Neum with ½ part. EXPERT FINDINGS, OPINION AND VALUATION OF THE MARKET VALUE OF THE REAL PROPERTY Real property (plots) located at the planned alignment of the main road M 17.3 Neum – Stolac at the section Kiševo – Broćanac are inappropriate for cultivation, grazing or timbering. It is overgrown by a forest and forest vegetation with prevailing wood like and bush like species typical for this area such as: oak tree, spruce tree, black ash tree, bramble tree and other forest species. Within forest species at the smaller area there are sinkholes and poor pastures. 58 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report Pedological Features of the Ground At the area of the cadaster municipality the pedological cover is rather diverse. There are various grounds. Very shallow skeletal and skeletoidal yellow-brown ground with local appearance of rendzina. Such grounds are partly bare, with racks, very shallow and poor, mostly steep, inaccessible and impassable. PROPOSAL For establishing the compensation for the expropriated land The plot in subject is a forest ground (underbrush) and pursuant to the Section 51 of the Law on Expropriation, compensation to the expropriated land under the forest it establish the value of the compensation to be determined for the closest pasture of the same position. Value of the land pursuant to the Sections 49, 53 and 54 of the Law on Expropriation (Government Gazette SR BiH no. 12/87 and 38/89) and the Section 46 and 51 of the Law on Expropriation (Government gazette of FBiH no. 70/07) in the expert procedure it takes the elements as follows:  Utilization of the land  Size and shape of the plot  Special properties of the location related to the road communications  Legislation, open market  Social/Economy elements  Saturation, offer-demand  Legality Market value of the real property is such that is being achieved between interested and unforced buyer and seller, when both have all necessary information on the real property. The estimator approaches to establishing the value by combining available methods and his report on the estimated value gives on the basis of his experience and skill in the way to properly interpret the facts that impact the value of the real property and to interpret the results of the methodological approaches. Proper weighing of the obtained results establishes the market value of the real property. Today the used methodologies for estimating the value are as follows: 2.1 Cost method, the method of establishing the real value or the static method; 2.2 Comparative method or the method of comparing the values; 2.3 Capitalization of profit, i.e. the method of valuation the profit or the dynamic method Establishing the value of the land in the cadaster municipality Neum will use the method of Capitalization of profit, i.e. the method of valuation the profit or the dynamic method with the brief review of other most common methods used for establishing the value of the real property. 2.1 Cost Method The cost method is based on calculating the construction costs. The idea is that a buyer will never pay the real property more than the costs of constructing the same property at the same location. There should distinct the calculation of value of replacement and reproductive real property. The difference is that the reproductive costs are the ones for constructing the equal structure in materials and technology, whilst the replacement costs are for constructing the compliant structure of the equal usability as per today standards of construction. Calculation of the total value of the real property deducts depreciation from the construction costs but adds value of the land that belongs to the real property, utility fees and other costs. This method is suitable for the cases where no information available on prices achieved at purchase of similar real property or for the real property with difficult valuation of income. 2.2 Comparative Method or the Method of Comparing the Values This is the method that is very suitable for the states with the organized market of real property and where there is the reliable database on conducted purchases. The method comprises comparing the real property to be estimated to the real property that was sold at the same area in near history. The estimator should establish the real purchase price of the real property that was in transactions to compare their prices and features for establishing the value of the real property. 59 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report 2.3 Method of Capitalization of Profit Annually achieved or possible profit from the real property gives the annual gross income, when a portion of costs is deducted in terms of depreciation, taxes, maintenance and the risk of lack of rent the rest represents the annual net income. Such net income in terms of cash-flow calculation that is being increased for appropriate index of capitalization gives the amount of income. Ratio of annual income and value of the investment is expressed in percentage and calls the profit. Capitalization of profit is calculation of all anticipated incomes minus possible risks. If the real achieved income could not be established due to lack of information, then it starts from the income that could be achieved by proper management but from the costs resulted from such management also. This could use the income from the comparable real property or the generally accepted statistic data. Rate of the capitalization is very important for calculating the value of a real property. Rule of calculating the rent says that lower the interest rate means higher multiplication, i.e. value of the structure. Decreasing remaining period decreases impact of the interest rate. One of the criteria for selecting the capitalization rate is the risk that exposes the income of the real property. Family houses and real properties are subject to lower risk then commercial or industrial facilities. To calculate the value of the land in this way it is necessary to calculate the net income for each culture out of its production (i.e. the potential income) reduced for the production costs such as material resources and labor. From the income from three cultures selected it calculates the average income that could be achieved from that land. Such obtained value presents the capitalized annual rent, i.e. financial resources that could be saved with normal interest rates giving the appropriate amount. Real value of the land from such value could be calculated as per the formula of the interest rate: g = (100 x i) : p where: g – potential value of the land; i – amount obtained as achieved profit from the land, and p – normal bank’s interest rate to time deposits Since we do not possess the real achieved profit due to lack of information and they could not be established, we start from the profit that could be achieved by proper management but from the costs resulted from such management also. This could use the income from the comparable real property or generally accepted statistical data. Calculation of profit will be used with the presumption of proper management at the certain plot with growing wheat, potato and vegetable. Production of wheat that gives the crop of 0.4 kg/m2 of grain and 0.25 kg/m2 of straw, multiplied with the price of the grain of 0.3 KM/kg and 0.1 KM/kg of straw, gives the amount of 1.5 KM/m2 with the deducted costs of production of 50% giving the amount of 0.75 KM/m2 of net income from that land. Production of potato could achieve the income of 3 kg/m2 with the price of 0.5 KM/kg gives the amount of 1.5 KM/m2 with the deducted costs of production of 50% giving the amount of 0.75 KM/M2 of net income from that land. Production of vegetable could achieve the income of 5 kg/m3, under the price of 0.9 KM/kg gives the amount of 4.5 KM/M2 with the deducted costs of production of 65% giving 1.57 KM/m2 of net income from that land. Average income from such three cultures (0.075+0.75+1.57):3 is 0.799 KM/M2 and this amount presents the capitalized annual rent that should be put into the formula of the interest rate calculation and the real value of the land under this criteria is g= (100 x i) : p = (100x0.799):5.64 = 14 KM/M2 Crops from the individual cultures have been calculated using the reference of Jakov Pehar, PhD “Gardening”, Smiljka Vukašinović, PhD “Production of vegetables” and the Handbook for Agricultural Expert ise by Jure Beljo PhD, as well as the internet information. A. Value of the agriculture land 14 KM B. Value of the forest land 8 KM C. Value of other lands 8 KM 60 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report CONCLUSION AND OPINION Due to change of the bank’s interest rate to the time deposits it comes to change of price of land, so based on aforementioned I suggest to apply the land price of 14 KM/m2 for agricultural and some 57% reduced for the rest of lands with the morphology and the production abilities are poorer (forest land, chervil, ponds, infertile lands, etc.) that amounts to 8 KM/m2. Price of the forest land is being increased for the wood mass. The cadastral plot no. 3/281, of the area 2,013 m2 x 8 KM/m2 16,104.00 KM Since the plot in subject is an underbrush in nature (degradation form of forest) without a clear difference between the layer of trees and the layer of bush. There is dominated bush with scarce trees. Within the stands there prevails white hornbeam, spruce and sporadically oak and other hardwoods in the 5th class. There is no information on wood mass for this area and there is no forest industry basis for either private or state forests of the municipality Neum. Due to the situation and inaccessibility through the underbrush, no detailed measure was carried out at the area proposed for the land compensation, in terms of each individual tree, but the quantity of wood mass of whole trees was established using the method of three random selected samples (measuring plot) of the area 100 m2 each. The samples have been numbered and the number of trees identified as the basis for establishing an average number of trees shown in the table below: 1. Estimate of the value and Quantity of the Wood Mass Pursuant to the sections 52, paragraphs 1 and 2 of the law on Expropriation (Gov. Gazz. No. 70/07) the compensation fees established is: - For the wood mass (caught wood mass), and - For the value of the lost growth (other younger and older trees) due to premature cutting (estimate of the quantity and value of the wood mass of the stands part from the time of expropriation until the time of full maturity with the calculated value per measure of the Paragraph 1 of Section 52 of the Law. Stock of the wood mass KD at the plot in subject is 51,311 m3 (net DM 43,101 m3) 2. Estimate of the Quantity and Value of Loss of Growth Using income/profit tables for low – offspring forests I estimated that the average annual growth (immature trees) is 2 m3 of big tree per hectare that is for 2,013 m2 amounts 0.402 m3, and the total loss for future 40 years when trees will achieve “maturity” is 16,104 m3 of the wood mass KD, (net 13,527 m3) B. VALUE OF THE WOOD MASS (Total net of the wood mass 1 + 2) Net stock of the wood mass at the plot in subject = 43,101 m3 + Lost growth (in 40 years) = 13,527 m3 Total wood mass 56,628 m3 x 60 KM/m3 3,397.70 KM 3. Estimate of the quantity and value of seedlings from the natural nursery that could be used for reproducing the forest with the market value As per the reference of N. Prolić, PhD dated 1965-70 and the comprehensive measuring in Herzegovina and Neum hinterland of the same author it is estimated that there is the average of 800 individuals of young wood like plants that generally provide the reproduction. Analyzing the data and the stands I estimate that within the stands at the area of each 13 m2 in average could be found 1 health offspring from the nursery with the market value. C. VALUE OF THE HEALTH SEEDLINGS Therefore the estimate of the value of the health seedlings from the natural nursery at the plot amounts: P =2,013 m2 : 13 pcs/m2 = 154.86 pcs of seedlings x 3 KM = 464.58 KM 61 Federation of Bosnia and Herzegovina Road Sector Modernization Project Resettlement Review and Audit Report D. VALUE OF THE WOOD MASS OF THE SEPARATED DAMAGED TREES On the plot in subject there is on elm tree of the chest diameter of 75 cm that stem is damaged, i.e. with the fracture at the stem and two oak trees with the stem partly damaged (partly rotten) and could be used as firewood. Two oak trees of the chest diameter of 80cm give net of the firewood mass 4.401m3 x 2 = 8.8 m3 x 60 KM = 528.19 Elm tree of the chest diameter of 75 cm give the firewood mass of 3.26 m3 x 60 KM = 195.60 Total 723.79 KM SUMMARY A. Value of the forest land 16,104.00 B. Value of the wood mass 3,397.70 C. Value of the health seedlings 464.58 D. Value of the separated trees 723.79 E. TOTAL (A+B+C+D) 20,690.07 Above named person will be paid in ½ of the total amount that is 10,345.03 KM 62