Page 1 Page 1 of 20 Resettlement Action Plan Prepared by BONIFICA Tbilisi January 2007 Georgia Tbilisi-Senaki-Leselidze Auto Road Agaiani-Igoeti E43 – E55 Section RP463 v 2 Page 2 Page 2 of 20 ontents C Chapter Page 1. Preface .........................................................................................................................3 2. Scope of Land Acquisition .........................................................................................4 3. Project Affected People ..............................................................................................5 4. Legal Framework.........................................................................................................8 5. Gaps between the active Georgian legislation and measures to fill the gaps.....10 6. Implementation procedures......................................................................................11 7 Compensation and Entitlements Policy ...................................................................15 8. Public Meetings and Participation and grievance redress mechanism................16 9. Entitlement Matrix ....................................................................................................17 Resettlement Action Plan Page 3 Page 3 of 20 Preface The Resettlement Action Plan has been prepared as per the Resettlement Policy Framework (RPF) that has been prepared by the RDMED, active Georgian legislation and World Bank involuntary resettlement policies (OP 4.12). The assignment covers Tbilisi-Senaki-Leselidze auto road section Agaiani-Igoeti E43 and E55. The goal of the hereby document – Resettlement Action Plan – is to in detail describe all the actions and activities to be undertaken by the RDMED in order to follow logical and fair approach in the process of implementing involuntary resettlement when identifying the compensation measures and entitlements for land expropriation and reimbursement of income and asset losses. Aside to that, due information shall be provided to all responsible institutions involved in the process, representatives of local government and the most important local population that shall experience direct impact of the given project. The individuals that appear to be Project Affected Persons (PAP) and that may lose the means of livelihoods and income sources shall receive compensation, either by cash or in-kind, to at least restore their pre-project level of livelihood. During the project implementation process, specific mitigation measures shall be employed to minimize temporary worsening of economical conditions of the project affected people. The hereby Resettlement action Plan is the draft and all the comments provided after its disclosure shall be closely considered during the development of the final version. 1 Resettlement Action Plan Page 4 Page 4 of 20 Scope of Land Acquisition The given road section geographically is located on Agaiani-Iogeti section and according to administrative-territorial division belongs to Kaspi rayon. On this section the total number of land parcels located equals to 26 with their total area 37. 51 ha. Out of that 1.54 ha of land shall subject to acquisition due to Road rehabilitation activities. These land parcels are mainly located on the territories of the villages of Agaiani and Okami. Unit Total 26 land parcels Total Area of land parcels 375,064.50 (sq.m.) – 37.51 ha Total area of land acquisition 15 371.51 (sq.m.) – 1.54 ha Out of the given 26 land parcels two are non-agricultural land parcels. One land parcel is state-owned and leased to a local resident. The rest 23 are agricultural land parcels transferred to private ownership. The project road will be carefully designed so the impact that may arise from the road construction on the local population is minimized, and the future utilization and productivity of local assets will not be deteriorated. The impact of road rehabilitation activities against the land parcels in percentage ration is as follows: Level of Impact (%) Number of Units land parcels 0 – 5 11 land parcels 5 – 12 8 land parcels 12 – 20 4 land parcels 20 – 30 0 land parcels 30 and more (maximum 38.57 %) 4 land parcels For the majority of land parcel, the share of the land to be expropriated is less than 20%, however, more than 30% of land plot will be expropriated in four (4) parcels. For such a severe impact, alternative land of the same size and productivity may be provided from the local land reserve, or certain rehabilitation measurers, such as the provision of employment opportunities created under the project, will be carried out. 2 Page 5 Page 5 of 20 Project Affected People During the development of Resettlement Action Plan the special survey had been conducted and collected socio and demography data of the individuals presumably to be appearing within the project impacted area. The survey process revealed that the majority of the households possess agricultural land parcels. Although, the complete package of documents verifying the ownership rights are not available. Survey and verification of owners/ users of the project affected land parcels should be carried out to determine the PAP eligible for compensation. RDMED will carry this out in collaboration with the local governments. As per up-to date data most of the households within the project affected area are pensioners. Minor part of their younger family members is employed. Only several households deal with cattle breeding. Almost every household cultivate land and feed themselves and their family members. They grow various vegetables (onion, garlic, tomato, potato, corn and bean) and share the crops to separately living married children. Some of the households that mainly grow beans, corn and grapes, sell large share of annual crops at the local market or to deliver to Tbilisi wholesalers. 3 Page 6 Page 6 of 20 Most of the residential houses are built in 1955-1965. These are two-storied building with 4 to 6 rooms. However, the population still prefers to live on the ground floor. This is convenient as they are not provided natural gas and therefore the only option to warm the shelter is a wood stove placed in one of the rooms. People use the same stove for cooking as well. The socio-demographic data available for the given moment is briefly described in the Table 3. Socio-demography data of households. Note this table is tentative that will be finalized after verification of land owners/ users. Page 7 P a g e 7 o f 2 0 T a b l e 1 . S o c i o - D e m o g r a p h i c d a t a N o . H e a d o f H H A d d r e s s A g e H H s i z e E m p l o y m e n t I n c o m e ( b a s e d o n H H s i n f o r m a t i o n ) R e s i d e n t i a l S t r u c t u r e 1 R o b i n z o n S h a m a n a u r i V i l . O k a m i 6 9 9 P e n s i o n e r s W i f e - L e i l a P e n s i o n r e c e i v e p e n s i o n 9 3 6 G e l / Y e a r T h r o u g h w i n e s e l l i n g r e c e i v e A n n u a l i n c o m e 4 5 0 0 G E L 2 - s t o r i e d s i n g l e f a m i l y h o u s e b u i l t i n 1 9 6 1 4 r o o m s o n e a c h l e v e l 2 B i c h i k o S h a m a n a u r i V i l . O k a m i 6 9 2 U n e m p l o y e d p e n s i o n e r s T o t a l a n n u a l p e n s i o n 9 1 2 G E L T h r o u g h g r o w i n g a n d s e l l i n g v e g e t a b l e s r e c e i v e d a n n u a l i n c o m e i s 4 5 0 0 G E L 2 – s t o r i e d s i n g l e f a m i l y h o u s e b u i l t i n 1 9 6 1 , s t i l l r e q u i r e s t o f i n i s h t h e r e n o v a t i o n ; 4 r o o m s o n e a c h f l o o r ; 3 J i m s h e r S h a m a n a u r i V i l . O k a m i 5 5 4 J i m s h e r i s u n e m p l o y e d ; E x - p r i s o n e r ; N o i n c o m e p r a c t i c a l l y L i v e s w i t h a u n t H i s w i f e l i v e s i n T b i l i s i w i t h h e r m a r r i e d d a u g h t e r ; S o n w o r k s i n T u r k e y N o r e s i d e n t i a l h o u s e 4 S h a l v a M a m i a s h v i l i ( n o t a l i v e ) V i l . O k a m i 6 1 1 4 U n e m p l o y e d p e n s i o n 4 5 6 G E L / y e a r T h r o u g h s e l l i n g b e a n s a n n u a l i n c o m e a r o u n d 3 5 0 0 G E L 2 - s t o r i e d s i n g l e f a m i l y h o u s e w i t h 6 r o o m s 5 G i o r g i M a m i a s h v i l i V i l . O k a m i 3 6 4 U n e m p l o y e d ; T h r o u g h s e l l i n g b e a n s a n d c o r n A n n u a l i n c o m e i s 5 0 0 0 G E L / y e a r G i o r g i , h i s w i f e 3 u n d e r a g e c h i l d r e n l i v e w i t h m o t h e r 6 S h a l v a S a b i a s h v i l i ( d i e d i n 2 0 0 0 ) V i l . O k a m i 6 7 4 2 5 U n e m p l o y e d W i f e , d a u g h t e r a n d s o n r e c e i v e s 4 5 6 G E L / y e a r T a m a r ’ s a n n u a l p e n s i o n 4 5 6 G E L A n n u a l i n c o m e t h r o u g h g r o w i n g a n d c o r n 3 5 0 0 G E L 2 - s t o r i e d s i n g l e f a m i l y h o u s e b u i l t i n 1 9 6 7 c o n s i s t s o f 2 r o o m s o n e a c h f l o o r ; 7 D i m i t r i S h u k a k i d z e V i l . O k a m i 4 5 7 1 2 U n e m p l o y e d Z h e n i a ’ s a n n u a l p e n s i o n – 4 5 6 G E L A n n u a l i n c o m e t h r o u g h s e l l i n g g r a p e s 3 0 0 0 G E L 2 - s t o r i e d s i n g l e f a m i l y h o u s e w i t h 1 , 5 r o o m s o n e a c h f l o o r 8 T r i s t a n S i d a m o n i d z e V i l . O k a m i 7 6 2 U n e m p l o y e d T o t a l p e n s i o n 9 1 2 G e l / Y e a r G r o w i n g v e g e t a b l e s : b e a n s , o n i o n , g a r l i c , p o t a t o , t o m a t o m o s t l y f o r o w n u s e A n n u a l i n c o m e a r o u n d 2 5 0 0 G E L 2 - s t o r i e d w e l l - b u i l t s i n g l e f a m i l y h o u s e w i t h 4 r o o m s ; 1 c o w 9 G o d e r d z i T a t r i s h v i l i V i l . A g a i a n i 4 0 3 G o d e r d z i h a s 5 y e a r s l i v e s a n d w o r k s i n R u s s i a L a n d p a r c e l i s l e s s u s e d p r e s e n t l y O l d s t y l e , s m a l l h o u s e b u i l d w i t h r i v e r s t o n e s ; 1 0 Z a u r i G o g e l i a n i ( d i e d i n 2 0 0 3 ) V i l . A g a i a n i 6 9 1 W i d o w - L i a n a G h o g e l i a n i a ; A n n u a l P e n s i o n a n d S o c i a l a i d 8 4 0 G E L G r o w s v e g e t a b l e s : A n n u a l i n c o m e 3 5 0 0 G E L 1 - s t o r i e d h o u s e w i t h m a n s a r d b u i l t i n 1 9 9 2 1 1 G i o r g i O d o s a s h v i l i ( p a s s e d a w a y ) V i l . A g a i a n i W i d o w – T a m a r O d o s a s h v i l i G r o w s v e g e t a b l e s ; T o t a l a n n u a l i n c o m e 3 5 0 0 G E L 1 . 5 - s t o r i e d h o u s e w i t h 3 . 5 r o o m s 1 2 G i o r g i G e l k h a u r i V i l . A g a i a n i 5 5 4 E x - H e a d o f l o c a l S a k r e b u l o G r o w s 8 - 1 0 t o n s o f c o r n ; s o m e c r o p s u s e t h e m s e l v e s ; A n n u a l i n c o m e 6 0 0 0 G E L 2 - s t o r i e d h o u s e ; 5 c o w s ; 5 p i g s 1 3 N a t e l a O d o s a s h v i l i V i l . A g a i a n i 4 5 2 U n e m p l o y e d ; A n n u a l p e n s i o n 4 5 6 G E L A n n u a l i n c o m e r e c e i v e d t h r o u g h s e l l i n g f r u i t s a n d c o r n i s 3 5 0 0 G E L 2 - s t o r i e d p r e t t y l a r g e h o u s e w i t h 6 r o o m s 1 4 G i o r g i O d o s a s h v i l i ( s o l d l a n d p a r c e l ) V i l . A g a i a n i C u r r e n t o w n e r R u s t a m o v P a s h a - o g l i J e m a l L i v e s i n T b i l i s i Page 8 Page 8 of 20 Legal Framework In Georgia the legislative acts given below regulate the issues of obtaining State ownership rights to privately owned land parcels based on the necessary public needs caused due to road constructions activities: o The Constitution of Georgia, August 24, 1995 o The Law of Georgia on the Rules for Expropriation of Ownership for Necessary Public Need, July 23, 1999 o The Law of Georgia on Ownership Rights to Agricultural Land, March 22, 1996 o The Law of Georgia on Registration Ownership Rights to Immovable Property, December 28, 2005 o The Civil Code of Georgia, June 26, 1997 o The Civil Procedural Code of Georgia, November 14, 1997 o The Law of Georgia on Privatization of State-owned Agricultural Land, July 8, 2005 These legislative acts create the set of procedures that allow the Road Department of Georgia to obtain ownership right towards the privately owned land parcels and correspondingly the right of way. The Law on acquiring ownership rights that defines the process of expropriation requires implementation of several steps. a. Issuance of Presidential decree; b. Inventorization of all the property that subject to expropriation; c. Publishing the information on expropriation; d. Delivering the information on expropriation to landowners; e. Submission of the Application to the Court and Court Decision; f. Expropriation; g. Court proceedings in case any disputes are raised in regard with the property value (amount of compensation). A. as a result of issuance of Presidential Decree the right of Expropriator is assigned to the company or legal person of public law. The Presidential Decree is issued under the Article 21 of the Constitution of Georgia. The Presidential Decree defines the inevitability of expropriation of a land parcel for immediate public needs and the subject (legal or private person) that may be granted the right of expropriator. B. After issuance of Presidential Decree shall be conducted inventorization and evaluation of all the property that subject to expropriation C. The information on the expropriation is published in central and local newspapers. The information shall contain the scopes of the project implementation, also brief description of the territory and property that may be expropriated. D. After the information on expropriation is published the corresponding package of documents shall be delivered to owner in order to undertake the act of expropriation . 4 Page 9 Page 9 of 20 In particular: The document of property valuation by independent expert; Offer on the purchase of the property that subject to expropriation and the amount of compensation. E. Submission of the Application to the Court and expropriation is undertaken after the above described activities are implemented . The Law of Georgia on the Rule of Property Expropriation for Necessary Public Needs, article 5 defines that the District (City) Court is eligible to finally assign the right of expropriator. The Application on expropriation shall be submitted to the District (City) Court. The Court finally considers the issue of granting the right of expropriator. The application submitted to the Court shall state the following: 1. Name of the District (City) Court; 2. Name and legal address of the of applicant; 3. Name, address of the Ap plicant’s representative if the application is submitted by a representative; 4. The request of the applicant; 5. The description of the circumstances the applicant refers to; 6. The proofs verifying these circumstances; 7. The list of the documents attached to the Application. The application shall be attached with the detailed design of the project due to which the right of expropriation is requested: Presidential Decree on issuance of expropriation, detailed description of the property that subject to expropriation and the document verifying that the information on expropriation was published in the press. The Court – after considering the application - makes a decision on granting the right of expropriator that shall be immediately executed. This means that this decision is un-reciprocal and shall be executed even if being appealed. F. Court Proceeding due to the property value In case the expropriator and the property owner fail to come into agreement regarding the property market value and amount of compensation, in accordance to the Civil Procedural Code of Georgia, any party has the right to apply to the same rayon Court where the land parcel is located for dispute resolution. The application of the expropriator shall contain the following data: detail description of the property that needs to be expropriated, the Extract form the Public Register verifying ownership right, documents related to the project to be implemented for necessary public needs and the Decision of the District (City) Court on grating the right of expropriator. The Court is eligible to assign an independent expert that shall conduct property appraisal and submit the report on property market value within the defined time terms. On basis of the independent expert report and the proofs provided by both parties, the court makes final decision regarding the amount of compensation of the property that subject to expropriation. The expropriator is responsible to reimbursement of the costs incurred by both parties including the costs for court proceedings, such as court costs in case of disputes and costs for the services for appraisal of the property to be expropriated. Page 10 Page 10 of 20 5. Gaps between active Georgian legislation and meaures to fill the gaps Most Bank resettlement policies are adequately addressed in Georgian law. One major gap is that under Georgian law; those land owners who fail to have their land registered at the Public Registry are not eligible for compensation. Also, Georgian legislation does not require specific planning process and planning instruments that are specified in OP 4.12. Similarly, no specific measures for public consultation are provided under the Georgian law. With view to such gaps, RPF set forth several measures to fill the gaps, such as: · Keep affected people and communities fully informed about the project, the process that will be followed to acquire and compensate for land, and their related rights and avenues for redress. · PAP will be notified of the project implementation schedule and consulted regarding the principles of land acquisition and loss of/ damage to assets. · Develop a fair and accessible grievance redress mechanism. · All PAP will receive compensation or support of various kinds, without regard to the status of land registration and ownership in compliance with the active legislation of Georgia and the World Bank safeguard policy. Where gaps exist, the RDMED will implement the gap filling measures specified in the RPF. 5 Page 11 Page 11 of 20 6. Implementation procedure A. Identification of landowners of the land parcels located within the East-West Magistral Road Rehabilitation Project The first phase evolves the determination of the land parcels and their owners/ users within the project affected area. As a rule the majority of land parcels within new road construction corridor refer to agricultural designation. Correspondingly, none of these land parcels have exact address to allow their identification against their owners. Their identification is possible only in case of existence precise Cadastral Map created in the coordinate system. Cadastral Map and data on land parcel owners shall be registered in to the Public Register. Consultant “BONIFICA” team and the Road Department posses the quality cadastral maps prepared by licensed Surveyor Company. This allows the identification of those land parcels that appear within the road construction corridor. However, the accurate list of landowners is not available. In other words, the landowners of some of these land parcels are unknown. The Registry Office of Kaspi Rayon National Agency of Public Register does not posses precise Cadastral maps and land parcel Registration Cards that would state the Landowner (Letter #67/29-07, dated from January 12, 2007). The owners of the land parcels within the new road construction corridor possess the legal documents verifying land ownership rights but this is not enough as the appropriate documentation such as Registration Cards and Cadastral Maps are not available at the Registry Office of Kaspi Rayon Public Register. The documents available through BONIFICA and the landowners are not enough to legally define the identity of the landowners revealed through the cadastral surveys. It is necessary for the RDMED to legally acquire ownership rights to land parcels. The determination of official (legally valid) landowners and the location of their land parcels within the new road construction corridor are, therefore, complicated. The sole institution that is eligible to define the identity of the land parcels within the new road construction corridor and their legal owners is the local government, as this unit was directly involved in privatization of agricultural land. Tbilisi Title Company, the BONIFICA contractor in agreement with the Road Department of Georgia has already applied to the Municipality Council (Gamgeoba) of Kaspi rayon to establish the Commission compiled by competent individuals that through site visit and based on the available data shall identify the agricultural land parcels and their landowners within the new road construction corridor. Through on site identification of land parcels and their landowners, the existing Cadastral map shall be resurveyed, the Act on Identification of land parcel be enacted, and the landowner and the Act be approved by the local self-government (Gamgeoba). The Land Parcel Identification Act together with the Cadastral Map shall serve as the basic documents for identification of the land parcel within UTM Coordinate system and its registration at the Registry Office of Kaspi rayon Public Register. As a result of registration of land parcels and their owners at the Public Register, identification of landowners of the land parcels located within the new road construction corridor shall be considered as accomplished. 6 Page 12 Page 12 of 20 The implementation of the activities described above is necessary to further successfully undertake the purchase and expropriation of land parcels based on the Law of Georgia on Registration of Ownership Rights to Immovable Property (#2635-rs, December 28, 2005). The law defines the rules and terms and conditions for registration of ownership rights to immovable property and authorities and responsibilities of the subjects participating in registration proceedings. The goal of this law is declaration and approval of ownership rights to immovable property through its registration into the Public Register. The Law describes the rules for organization and functioning of Public Register. All the rights identified under the Law on Registration of Ownership Rights to Immovable items are subject to mandatory registration. In particular: A. Acquiring ownership rights to immovable items through purchase, exchange, bequeath (giving as a gift), contract-based, identification of ownership rights, privatization, as well as obtaining ownership rights registered at the Public Register. B. Right to build, usufruct, mortgage and guarantee rights, also the rights to rent or lease immovable item created based on the notarized agreement. The implementation of the stated law is the pre-requisite of successful expropriation process, since in case of acquisition real property from the owner it is required that land and real property is registered at the Public Register to ensure that the Sales-purchase Agreement is legally valid. Pursuant to the active legislation of Georgia the ownership rights is declared as legally valid only after it is registered at the Public Register. Initial registration of onwership rights into the Public Register In order to implement this step the RDEMD in association with Kaspri rayon government shall ensure determiation of the landonwers /users. Since, the landowners possess the Land Onwership Certificates and/or Receive-Delivery Acts or Sale-purchase agreements, they shall be adviced to undertake intial registration of their ownership rights to the Public Regsiter. The Initial Registration is free of charge. The following documents shall be presented to the Public Register for initial registration: 1. Document verifying ownership rights: Receive-Delivery Act; OR Landowners’ List; OT Tax payers’ List; OR Land (Real Property) Ownership Certificate (original that may be saved at the village Sakrebulo, Rayon Gamgeoba or alrady issued to the landowner; 2. Land parcel survey act that determines the loaction of the land parcel; the name of the onwer of the adjacent land parcels and that is verified by the signatures of the representatives of the local government. 3. Survey plan in UTM perpared on the basis of the corresponding land parcel Survey Act 4. Landowner’s Identification Card and its copy; Census and Inventorization After the land parcels and their owners are identified and the initial registration of the land parcels at the Public Register completed, the list of the Page 13 Page 13 of 20 Project Affected People (PAP) shall be reviewed and finalized. Correspondingly, the Table 3. Socio-Deography data shall obtain complete format. The number of Project Affcted People and the number of land parcels located within the Project Affcetd area will be determined. Inventory shall be undertaken againts each and every land parcel that shall be affacted by the Project. In the process of inventorization each specific land parcel shall be visited on site and corresponding recored shall describe and charaterize the follwoing assets: structure, perrenials, annual crops); Valuation Methodology and calculation of Comepensation Amount The data collected through the Inventory Process shall be comprised against the Valuation Methodology designed on the basis of Comparative Analyses of Market Value of land and real Property and in compliance with the Internationally proven valuation and appraisal standards. Valuation methodology shall consider the following parameters: 1. Market Value of land; 2. Market Value of real property, such as commercial structure (if it is revealed that such shall be affected by the Project) 3. Market value of perennials 4. Market price of the annual crops (annual yield) In the process of valuation and calcualtion of compensation amount per each PAP, the economic data of the last five years obtained from the Statitical department and current market prices of the land (real property) sales transactions shall be utilized as comparators. Such approach shall be uiltized against each land parcel and/PAP separately. Therefore, the final estimation shall contain the amount of compensation per PAP and the final Compensation costs. After the completions of this phase the RDMED shall commence the process of negotiation and suggest the amount of comepnsation to the PAP. Upon the successful completion of negotiation, RDMED will proceed to process sales- purchase agreements. Expropriation/ compensation If negotiation fails, or if the owners/ users of the project affected land cannot be determined within the timeframe specified in the attachment, RDMED will enter into the second phase of land acquisition, which is land expropriation. The Constitution of Georgia considers involuntary expropriation of property for public needs in the process of magistral car road construction. The process of expropriation shall be implemented only under the decision of the President of Georgia and appropriate Court level. Expropriation is undertaken with the condition of issuance of compensation that shall be fair and equal to the market value. The State of Georgia has the Constitutional right to take away any property through expropriation and payment of fair compensation in return (Article 21). Page 14 Page 14 of 20 The Law of Georgia on the Rules for Expropriation of Ownership for Necessary Public Need (July 23, 1999) defines the procedures, obligations and the rules of implementation of expropriation. The permit on property expropriation that may be utilized in Georgia in number of cases including road construction activities is issued by the District (City) Court Decision on the basis of the Presidential Decree. The project shall refer to property expropriation only in the exceptional cases when negotiation over the purchase price of land and other project affected properties fails and re-adjustment of the alignment is impossible. The mechanisms of expropriation shall be utilized in case when land owners/ users cannot be determined within the agreed timeline and civil works must start immediately. In such cases, the compensation amount of this landowner shall be deposited in an escrow account and saved at the bank account, which will be handed over to the land owner when determined. Processing Sale-purchase Agreements Ownership right to the land parcel is acquired through the Sales-purchase agreement. The Sales – purchase Agreement shall be notarized by the Notary. However, since March 15 the Public Register shall be eligible to undertake the similar actions. The sales-purchase agreement is signed by the Buyer (RDEMD) and Seller. This Agreement shall state the exact amount that the buyer shall pay to the seller and the terms and conditions for payment of compensation. Registration of transaction at the Public Register The sales – purchase agreement shall be registered at the Public register within 10 days from the date it is signed. Notary fees and registration costs shall be covered by the buyer (expropriator). After the registration at the Public register the transfer of the ownership rights is considered as accomplished. Throughout the process, the RDMED, as the agency to implement the project, will assume the overall responsibility to ensure that the land acquisition process will comply with the active Georgian legislation and the World Bank Involuntary Resettlement Policy (OP 4.12.) Page 15 Page 15 of 20 7. Compensation and entitlement Policies Identification of the volume of compensation and payment of amounts shall be undertaken through utilization of the following methodology and principles: 1. Within the framework of the given project physical relocation of residences and commercial units is less expected; 2. Rehabilitation measures will include: (1) cash compensation for loss of income and assets. The amount of this type of compensation shall be based on International standards and market values characteristic for the specific region; (2) whereas the existence of the reserve funds actually provide such possibility the allocation of another, supplement land parcel with similar productivity and location may be considered as an alternative option. Such offer is reasonable to be made to those persons that lease state-owned agricultural land parcels. In addition, cash compensation shall be considered for the investments and costs incurred to such land parcel. 3. Loss of annual crops of fruit and vegetables shall be calculated based on the area of part of the land that shall subject to acquisition. The cash compensation amount shall be defined in accordance to specifically developed calculation method with consideration of the officially identified market prices for the last 5 years. Overall, compensation will be paid to cover loss of income over one year. 4. The loss of assets (specifically, the losses caused through cutting down the perennials due to the road construction) shall also be compensated in the form of cash. (a) the amount of compensation for perennials, namely fruit trees shall be calculated counting the age and average productivity of specific spices of a fruit tree (kg fruit/GEL) multiplied by the number of years expected when the trees reach the same level of productivity. The same approach shall be used for calculation of market value of trees that will be logged due to construction activities; or (b) the market price of the same type of new seedlings plus annual income though sales multiplied by the number of years expected when the trees reach the same level of productivity. 5. Where the landowner and/or user possessing construction-building or fence that necessarily shall be removed for the construction purposes by means of rehabilitation measures such construction-buildings, fences (if such exists) shall be moved to other location or restored at the costs of the RDMED; or the appropriate amount of compensation shall be issued. 6. All project affected people (PAP) will be compensated under the active Georgian legislation and World Bank safeguard policies (OP 4.12). 7 Page 16 Page 16 of 20 7. Actual removal of the specific structure and/or physical acquisition of the land shall be undertaken after the completion of issuance of compensations for lost assets. Page 17 Page 17 of 20 8. Public Consultations, Participation and grievance redress mechanism The staff members of Tbilisi Title Company and Bonifica in association with the Road Department have conducted several meetings with local government bodies, public register and local population. Bonifica and Tbilisi Title Company had conducted two public meetings in the villages Agaiani and Okami. The Company representatives once again introduced to the local population the project goals and explained land acquisition procedures and entitlement of compensation measures. In return they received the feedback from the users of the land parcels that are located within the road construction corridor. The following public meetings shall be additionally conducted right after the final list of land parcels and their legal owners is identified. During these meetings the PAP shall be closely introduced to the valuation methodology, approach used in the process of calculation compensation amounts and alternatives for additional rehabilitations measures. The main idea of such public meetings is to ensure the full and deep understanding of the entitlements of the RAP implementation procedures. Each and every question and comment of every PAP shall not be neglected, the questions shall be noted and required information delivered to the interested persons. Once the revised RAP acceptable to the Bank is developed, RDMED will or ganize, with the help of the Consultant “Bonifica”, a public meeting with the PAP to inform principles of land acquisition and compensation, their rights and duties, and grievance redress mechanism. The PAP with grievance will report to the local Sakrebulo with which the Environmental and Land Acquisition Unit of the RDMED will maintain close communication, so adequate remedial measures will be taken. 8 Page 18 P a g e 1 8 o f 2 0 E n t i t l e m e n t M a t r i x T y p e o f L o s s E x p l a n a t i o n P A P C a t e g o r y E n t i t l e m e n t ( I ) C a s h c o m p e n s a t i o n a t r e p l a c e m e n t c o s t ; o r H H s l o s i n g a g r i c u l t u r a l l a n d ( i i ) R e p l a c e m e n t l a n d o f t h e s a m e p r o d u c t i v e v a l u e , a g r e e a b l e t o t h e P A P P e r m a n e n t l o s s o f l a n d M a r g i n a l ( l o s s o f l a n d < 3 0 % o f t o t a l l a n d h o l d i n g ) o r s e v e r e ( l o s s o f l a n d > 3 0 % ) i m p a c t P r i v a t e o w n e r s w i t h o r w i t h o u t t i t l e s ( i i i ) I f m o r e t h a n 3 0 % o f t o t a l h o l d i n g i s e x p r o p r i a t e d , r e h a b i l i t a t i o n m e a s u r e s w i l l b e p r o v i d e d i n a d d i t i o n t o ( I ) , r e h a b i l i t a t i o n m e a s u r e s , f o r i n s t a n c e e m p l o y m e n t w i t h i n t h e p r o j e c t s c o p e D a m a g e o f r e s i d e n t i a l / n o n r e s i d e n t i a l c o n s t r u c t i o n C a s h c o m p e n s a t i o n w i t h o u t d e p r e c i a t i o n c o s t s M a r g i n a l l o s s < 2 0 % ; S e v e r e l o s s > 2 0 % I f d a m a g e i s s e v e r e t h e s a m e c o n s t r u c t i o n s h a l l b e e r e c t e d L o s s / D a m a g e o f a s s e t s D a m a g e o f t h e c o m m e r c i a l s t r u c t u r e ( i . e . k i o s k s , p e t r o l s t a t i o n , r e s t a u r a n t ) a c r o s s t h e r o a d O w n e r s o f t h e a f f e c t e d a s s e t s ( s t r u c t u r e ) C a s h c o m p e n s a t i o n o r a l t e r n a t i v e s t r u c t u r e b u i l t a n d f i n a n c e d b y t h e G o v e r n m e n t o f G e o r g i a P A P – o w n e r s o f c r o p s C a s h c o m p e n s a t i o n f o r e x p e c t e d l o s s o f c r o p s L o s s o f c r o p s / p e r e n n i a l s P A P – o w n e r s o f p e r e n n i a l s C a s h c o m p e n s a t i o n a t m a r k e t v a l u e s a c c o r d i n g t o t y p e o f t r e e , a g e , p r o d u c t i v i t y I f p e r e n n i a l s a r e m o v e d t o o t h e r l o c a t i o n s h a l l b e c o v e r e d m o v i n g c o s t s a n d a c t u a l l o o s e s g a i n e d L o s s o f i n c o m e f r o m c r o p s a l e s d u e t o c o n s t r u c t i o n a c t i v i t i e s P A P – c u l t i v a t i n g a g r i c u l t u r a l l a n d p a r c e l s C a s h c o m p e n s a t i o n o f l o s t i n c o m e L o s s o f i n c o m e / a s s e t s ( p e r e n n i a l s ) D a m a g e o f t h e c o m m e r c i a l s t r u c t u r e a c r o s s t h e r o a d B u s i n e s s u n i t s R e h a b i l i t a t i o n m e a s u r e s , c a s h c o m p e n s a t i o n t h a t e q u a l s t o m a r k e t v a l u e o f l o s t i n c o m e w b 2 3 3 6 6 6 C : \ D o c u m e n t s a n d S e t t i n g s \ w b 2 3 3 6 6 6 \ D e s k t o p \ K A S P I - F I N A L _ E N G R A P _ r e v i s e d . d o c 0 2 / 2 2 / 2 0 0 7 2 : 1 5 : 0 0 P M Page 19 P a g e 1 9 o f 2 0 R A P i m p l e m e n t a t i o n t i m e l i n e s f o r G e o r g i a T b i l i s i - S e n a k i - L e s e l i d z e A u t o R o a d A g a i a n i - I g o e t i E 4 3 – E 5 5 S e c t i o n T i m e l i n e p e r w e e k s # A c t i o n 1 s t 2 n d 3 r d 4 t h 5 t h 6 t h 7 t h 8 t h 9 t h 1 0 t h 1 1 t h I I d e n t i f i c a t i o n o f l a n d p a r c e l s a n d t h e i r l a n d o w n e r s w i t h i n t h e E a s t - W e s t M a g i s t r a l R o a d R e h a b i l i t a t i o n P r o j e c t 1 N o t i f i c a t i o n o f t h e l a n d p a r c e l o w n e r s / u s e r s o n t h e d a t e o f d e m a r c a t i o n 2 L a n d p a r c e l d e m a r c a t i o n a n d c r e a t i o n o f L a n d P a r c e l S u r v e y A c t s 2 . 1 . D e m a r c a t i o n f o r v i l l a g e I g o e t i 2 . 2 . D e m a r c a t i o n f o r v i l l a g e O k a m i 3 I n v e n t o r i z a t i o n t o b e e x e c u t e d d u r i n g t h e d e m a r c a t i o n p r o c e s s ( o n s i t e ) 4 C e n s u s - c o l l e c t i o n o f m i s s i n g s o c i o - d e m o g r a p h y d a t a o n P A P 5 P r e p a r a t i o n o f t h e d o c u m e n t s f o r i n i t i a l r e g i s t r a t i o n a t t h e P u b l i c R e g i s t e r 6 I n i t i a l r e g i s t r a t i o n o f o w n e r s h i p r i g h t s i n t o t h e P u b l i c R e g i s t e r 7 F i n a l i z a t i o n o f V a l u a t i o n M e t h o d o l o g y 8 F i n a l i z a t i o n o f t h e d e t e r m i n e d l a n d p a r c e l s a n d t h e i r o w n e r s / u s e r s 8 C a l c u l a t i o n o f f i n a l c o m p e n s a t i o n a m o u n t 1 0 S t a r t u p t h e n e g o t i a t i o n a n d s u g g e s t i o n o f t h e c o m p e n s a t i o n a m o u n t 1 1 P r o c e s s i n g S a l e - p u r c h a s e A g r e e m e n t s 1 2 R e g i s t r a t i o n o f s a l e s t r a n s a c t i o n a t t h e P u b l i c R e g i s t e r 1 3 O p e n i n g B a n k a c c o u n t s ( E s c r o w a c c o u n t s i f a n y P A P i s m i s s i n g ) 1 4 P a y m e n t o f c o m p e n s a t i o n a m o u n t s U p o n c o m p l e t i o n o f t h e a b o v e d e s c r i b e d a c t i o n s ( f r o m 1 t o 1 4 ) t h e R e s e t t l e m e n t A c t i o n P l a n s h a l l b e i m p l e m e n t e d I I E x p r o p r i a t i o n ( i n c a s e t h e n e g o t i a t i o n s f a i l ) 1 I s s u a n c e o f P r e s i d e n t i a l d e c r e e ; 2 P u b l i s h i n g t h e i n f o r m a t i o n o n e x p r o p r i a t i o n 3 D e l i v e r i n g t h e i n f o r m a t i o n o n e x p r o p r i a t i o n t o l a n d o w n e r s 4 S u b m i s s i o n o f t h e A p p l i c a t i o n t o t h e C o u r t o n o b t a i n i n g t h e R i g h t o f E x p r o p r i a t o r t h r o u g h t h e C o u r t D e c i s i o n ; 5 O p e n i n g e s c r o w a c c o u n t s ( i f b e t w e e n P A P a n y m i s s i n g p e r s o n i s r e v e a l e d ) 6 D e p o s i t i n g m o n e y o n e s c r o w a c c o u n t s I f R D M E D i s r e q u i r e d t o u s e t h e R i g h t o f E x p r o p r i a t o r t h e R A P s h a l l b e c o n s i d e r e d a s i m p l e m e n t e d a f t e r t h e I I p h a s e i s a l s o i m p l e m e n t e d Page 20 Page 20 of 20