REPUBLIC OF BULGARIA MINISTRY OF REGIONAL DEVELOPMENT AND PUBLIC WORKS Municipal Infrastructure Development Project Draft Social Due Diligence in Respect of Construction of Plovdivtzi Dam November 2007 TABLE OF CONTENTS PROCEDURES IMPLEMENTED IN THE LAND ACQUISITION DURING THE PROCESS OF PLOVDIVTZI DAM CONSTRUCTION __________________ 1 (I.) FUTURE PROCEDURES LIKELY TO BE IMPLEMENTED FOR THE LAND ACQUISITION DURING THE PROCESS OF PLOVDIVTZI DAM CONSTRUCTION. __________________________________________________ 3 (II.) OVERVIEW OF THE LEGAL REGULATION UNDER WHICH ACQUISITION AND DESIGNATION OF LAND FOR THE CONSTRUCTION OF PLOVDIVTZI DAM HAS BEEN CARRIED OUT___________________________ 5 (III.) OVERVIEW OF THE RESTITUTION LEGISLATION AND THE PROCEDURES ON RESTITUTION OF LANDS CONCERNED BY PLOVDIVTZI DAM CONSTRUCTION. _____________________________________________ 6 (IV.) LEGAL POSSIBILITIES AVAILABLE TO THE OWNERS OF EXPROPRIATED PROPERTIES TO CLAIM THE RESTITUTION THEREOF IN CASE OF FAILURE TO REALISE THE PROJECT _________________________ 7 (V.) RESTRICTION ON ACTIVITIES IMPOSED IN VIEW OF THE PLOVDIVTZI DAM WATER COLLECTION. _____________________________ 7 (VI.) IMPLEMENTING SOCIAL COMMITMENTS IN CONNECTION WITH PLOVDIVTZI DAM WATER COLLECTION. _____________________________ 9 (VII.) (VIII.) CONCLUSIONS ___________________________________________ 11 SOCIAL ANALYSIS ON THE PROCEDURES IMPLEMENTED IN THE LAND ACQUISITION AND DISPLACEMENT OF POPULATION IN THE PROCESS OF PLOVDIVTZI DAM CONSTRUCTION IN MUNICIPALITY OF RUDOZEM The subject matter of this social analysis is to study the procedures followed for the purpose of land acquisition and displacement of population in the process of Plovdivtzi Dam construction, in Municipality of Rudozem as part of the Municipal Infrastructure Development Project, including: (i) completion of three dams (Neykovtzi, Plovdivtzi, Luda Yana) and rehabilitation of Studena dam wall; (ii) rehabilitation of the water supply network of six water supply companies (Dobrich, Razgrad, Sliven, Smolyan, Stara Zagora and Targovishte). This report aims to outline the principles which have been followed in the land acquisition by the State on the basis of which to assess compliance of the implemented procedures with the provisions of the Bulgarian legislation, the World Bank Operational Policy 4.12 and the Bank Procedures 4.12 on Involuntary Resettlement/Displacement. (i.) Procedures implemented in the land acquisition during the process of Plovdivtzi Dam construction Plovdivtzi Dam is part of Madan-Rudozem Water Supply System. The planning and construction of the water supply system began in 1980. Up to 1986 a water pipe and provisional water caption have been constructed, which partly satisfied the water consumption needs of the settlements within the Municipality of Madan. Preliminary studies showed that the only possibility to supply water to 10 settlements in the Municipality of Madan and to 12 settlements in the Municipality of Rudozem was to build-up a dam near the village of Plovdivtzi with water flow rate 2,45 million of m3 and submerged area of 160 600 sq.m. The location and height of the supporting wall, as well as the water capacity of the dam have been chosen by the designer (“Vodokanalengineering” OOD) on the basis of hydro geological studies and the available water collecting facility to ensure the water consumption. By Protocol of 20.05.1997 (Appendix 1) the Commission nominated by the Plovdiv Regional governor suggested the following sites for the construction of Plovdivtzi Dam and the supporting infrastructure: According to the project studies and the working design Plovdivtzi dam was to be build-up in the village of Iskretz covering 112 000 sq.m. agricultural lands and 360 000 sq.m. of forestry fund. 75 000 sq.m. of agricultural land were private property and the remaining lands were municipal property. 2 options have been suggested for the water purification plant. The first option provided for the water purification plant to be located in the village of Gornata avlia, with an area of about 15 000, made up of fields and meadows. The second option provided for the water purification plant to be built on 15 land parcels from the forestry fund operated by Smolyan Forestry management. It has been proposed that the part of the supporting road leading to the frontier post should commence North of the village Plovdivtzi (covering 150 sq.m.), passing by a group of agricultural lands (5 780 sq.m.) and continuing towards the forestry fund to the frontier post (33 000 sq.m.). Following this proposal a procedure was initiated on changing the designation of the lands and forests originating from the Agricultural and Forestry Fund and on the expropriation of the private property lands. The construction of the dam and the supporting infrastructure involved provision of State-owned lands and expropriation of private property lands as follows: 1 І. Private lands acquired from their owners by virtue of contracts and payment of monetary compensations By Decision N KZZ-7 of 03.12.1997 the Agricultural Land Commission to the Ministry of Agriculture, Forestry and Agrarian Reform (Appendix 2) authorises: - the change in designation of 5 780 sq.m. of agricultural land of Х Land Category on the territory of the village of Plovdivtzi to satisfy State and Municipal needs related to the construction of road connection with the frontier post. - the change in designation of 112 000 sq.m. of agricultural land, 74 000 sq.m. of which of Х Land Category and 38 000 sq.m. of ІХ Land Category owned by the Municipality and by private persons for the purpose of creating belt A of the Sanitary and Security Area around Plovdivtzi dam. By Order N 370 of 10.08.1998 (Appendix 3) the Minister of Finance approves the expropriation of 80 569 sq.m. of lands which are private agricultural lands for the construction of Plovdivtzi dam. The expropriation of these properties is also approved by the Minister of the Regional Development and Public Works by Order N RD 02-14-1010 of 16.09.1998. An aggregated assessment of agricultural lands and perennial crops subject to expropriation for the construction of Plovdivtzi Dam has been carried out and by Order N RD-02-14-1069 of 28.09.1998 (Appendix 5) the Minister of the Regional Development and Public Works orders the payment of BGN 77 217 200 to the Municipality of Rudozem in accordance with the aggregate assessment for payment of compensations to the owners of the lands subject to expropriation. Following the orders as cited above of the Minister of Finance and the Minister of the Regional Development and Public Works, the Plovdiv Regional governor executed on behalf of the State agreements with the owners of private properties falling within the area of Plovdivtzi Dam reservoir and the supporting road to the frontier post. The State acquired by way of expropriation 74 591 sq.m. of private agricultural lands designated to serve as dam reservoir from 31 owners of the lands and 3 962 sq.m. of private agricultural land for the supporting road from a total of 8 land owners. A total of BGN 76 024, 20 has been paid to the owners for the expropriated lands and the perennial crops thereon (walnut-trees, apple-trees, cherry-trees and plum-trees). (Appendix 6 – List of compensations paid to the owners and heirs of agricultural lands, perennial crops falling within them in connection with their expropriation for the construction of Plovdivtzi Dam as of 20.06.2000) ІІ. Lands originating from the State Forestry fund and lands managed by the Municipality By Order N RD-46-690 of 02.06.1999 of the Minister of Agriculture, Forestry and Agrarian Reform (Appendix 7) granted an area with a surface of 66 100 000 sq.m. from the State Forestry Fund for 10 years time limit designated for the construction of a 20 кV electric power line to supply Plovdivtzi dam. By Decision N 610 of 15.09.2000 the Council of Ministers (Appendix 8) changed the designation and excluded forests and lands from the State Forestry Fund on the territory of the village of Plovdivtzi with a surface of 396 000 square meters, 360 000 square meters of which intended for the dam area and 33 000 square meters - for the road “village of Plovdivtzi - Frontier Post” and 3 000 square meters - for the water purification plant. Some afforestated and non-afforested woodlands granted to the Ministry of Regional Development and Public Works following payment of fees amounting to BGN 3.309.950 due for the exclusion and granting for use of areas 2 from the State Forestry Fund are also affected. The amount was paid on the account of Smolyan State Forestry. According to the preliminary assessment of the properties falling within the Plovdivtzi Dam reservoir and the supporting road thereto, the operation also affected some State-owned agricultural land totalling 5 521 000 sq.m., as well as lands operated and managed by the Municipality of Rudozem, Plovdivtzi town hall with total surface of 7.575 000 sq.m. The enclosed table contains a reference of the lands acquired by the State for the construction of Plovdivtzi Dam, differentiated by persons and/or by bodies and entities from which it was acquired: Dam and supporting infrastructure Dam reservoir and Sanitary and Security area of belt І Total amount of the land required for the construction 447 680 sq.m. State-owned land designated for the construction 360 000 sq.m. State Forestry Fund Land acquired from private owners Surface Number of Amount of Sq.m. people compensation concerned paid Payment date of the compensation 74 591 31 groups of people comprising the land owner or the heirs of the land owner BGN 70,135.40 of which BGN 62 091.40 for the land and BGN 8.044 for perennial crops 1998 -2000 3 962 8 groups of people comprising the land owner or the heirs of the land owner BGN 5 888.80, of which BGN 3,259.80 for the land and BGN 2.629 for perennial crops 1998 -2000 5 521 sq.m. Stateowned agricultural lands 7 575 sq.m. operated and managed by the Municipality Supporting road leading to the Frontier post 36 962 sq.m. 33 000 sq.m. Water depuration plant electric power line 3 000 sq.m. 3 000 sq.m. 66 100 sq.m. 66 100 sq.m. of forestry fund with a right of use for 10 years time-limit The restored property map of Rudozem Municipal Agricultural and Forestry Office does not contain the lands granted by the State and expropriated from private persons for the construction of Plovdivtzi Dam. (ii.) Future procedures likely to be implemented for the land acquisition during the process of Plovdivtzi Dam construction. The main part of the lands for the construction of Plovdivtzi Dam had already been designated and acquired by the State under the relevant procedures provided for by law, i.e. these were lands acquired by way of expropriation from private persons and lands from the State Forestry Fund 3 granted by the Ministry of Regional Development and Public Works on the basis of Council of Ministers Decision under the terms of the Forestry Act. Relatively small number of lands fall within the dam reservoir (7 575 000 sq.m.), for which no restitution claims have been put forward. Therefore, according to the law (in particular Art.19 of the Agricultural Land Ownership and Use Act) these lands were operated and managed by the Municipality of Rudozem. As of 13 February 2007 by virtue of the Agricultural Land Ownership and Use Act these properties were owned by the Municipality. For a municipal property to be included in the dam area, it has to be expropriated. It is also possible that expropriation may be needed for private properties owned by the heirs of Arif Reshidof Sinapov. According to preliminary expropriation assessments the properties subject to alienation include also the following three properties belonging to the heirs of Arif Reshidof Sinapov – land plot N 033023 with a surface of 752 sq.m.; land plot N 034010 with a surface of 1 193 sq.m. and land plot N 034018 with a surface of 199 sq.m. The expropriation of these properties has been approved by Order N 370 of the Minister of Finance of 10.08.1998 (Appendix 3) and by Order N RD 02-14-1010 of the Minister of the Regional Development and Public Works of 16.09.1998 (Appendix N 4). However, the procedure remained uncompleted and no agreement was concluded by and between the Regional governor and the heirs of Arif Reshidof Sinapov due to failure to supply sufficient documents establishing the ownership right of the heirs on these private properties. The heirs of Arif Reshidof Sinapov submitted request to the Municipal Agricultural and Forestry Office for the restoration of ownership on 23 000 sq.m. of forests in the village of Iskrat on the territory of the village of Plovdivtzi. The Municipal Office denied restoration in view of the failure to supply evidence for the ownership of the forests claimed. An appeal has been lodged against the Municipal Office Decision, following which the court delivered a Judgment on the restoration of the ownership right to the heirs of Arif Reshidof Sinapov on 23 000 sq.m. of forests in the village of Iskrat, in the territory of the village of Plovdivtzi. The judgement is final and has the force of res judicata (Appendix N 9 – Judgment N 121 of 31.05.2001 of Madan District court). Due to the lack of scheme annexed to the court judgement outlining the forests restored, it is impossible to draw categorical conclusion that the 23 000 sq.m. of forests thus restored actually fall within the Plovdivtzi Dam reservoir. A map on restored property has been elaborated for the lands falling within the territory of the village of Plovdivtzi. Such map is maintained by the Rudozem Municipal Agricultural and Forestry Office (MAFO). However, the State failed to submit to MAFO the project of the dam land in order to add it to the restored property map and for that reason it is impossible at this stage to establish whether the properties restored to the heirs of Arif Reshidof Sinapov actually fall within the area of Plovdivtzi Dam. After the measuring of the properties (to be performed by the State) falling within the Plovdivtzi Dam reservoir and within the SSA belt I, the dam should be added to the restored property map. This will provide the picture of the properties affected by the dam construction – either the properties already expropriated or those to be expropriated onward. Following the comparison between the map thus filled and the scheme of the 23 000 sq.m. of forests restored under Magan District Court Judgment N 121 of 31.05.2001, which scheme the heirs of Arif Reshidof Sinapov have to present, it will be possible to assess whether the properties thus restored fall within the dam area and whether it is to be proceeded to expropriation of the entire property or part of it. 4 (iii.) Overview of the legal regulation under which acquisition and designation of land for the construction of Plovdivtzi Dam has been carried out Allocation of lands for Plovdivtzi Dam has been carried out under the new Constitution of 1991 following the initiation of the procedure on restoration of lands and forests taken away by the State in accordance with the previous political regime. The main part of the lands, designated for construction of the dam, is State property, in particular lands and forests from the State Forestry Fund. With reference to these lands the procedures under the Forestry Act have been complied with insofar as the exclusion of lands and forests from the State Forestry Fund is concerned. According to the Forestry Act, and in particular Art. 14 thereof, the exclusion of forests and lands from the forestry fund shall be carried out in the event of change in designation and allocation to sites intended for the construction of dams. The exclusion of forests and lands from the State Forestry fund exceeding 100 000 sq.m. shall be carried out by the Council of Ministers on a proposal from the president of the State Agency on Forestry. By Decision N 610 of 15.09.2000 the Council of Ministers changed the designation of 396 000 sq.m. of lands from the State Forestry Fund granting them to the Ministry of the Regional Development and Public Works. Since these lands were granted to a public body for the performance of its duties, there were no change in the ownership of the lands excluded from the forestry fund but only in the status thereof: by virtue of Decision No 610/2000 they were declared public (i.e. non-transferable) State property granted to the Ministry of Regional Development and Public Works for the performance of its duties. The State has acquired the ownership right on private agricultural lands and yard parcels for the construction of Plovdivtzi Dam on the basis of expropriation procedure and agreements concluded on the transfer of ownership right by and between the Regional governor and each and every one of the owners concerned. In designating the land parcel for the dam construction, the principle providing for the need to avoid expropriating private properties when a State property is available was complied with. Private properties have been expropriated following the assessment that the location chosen for the future water site is the only possible one. Therefore, in the proposal from the Plovdiv Regional governor to the Minister of Finance and the Minister of Regional Development and Public Works for expropriation of private properties the expropriation was motivated by the administrative authority as the only possible solution to satisfy the drinkable water needs of the settlements in the municipalities of Rudozem and Madan. It also stated that during the public discussions the project (namely the dam construction and the related expropriation of lands) was favourably accepted. The expropriation has been carried out under the provisions of the State Property Act, in force at that moment. According to these provisions immovable properties or parts of it owned by physical persons or legal entities shall only be expropriated to satisfy such public needs that cannot be otherwise satisfied and subject to prior and equivalent compensation. The Minister of Finance and the Minister of Regional Development and Public Works shall decide on the existence of the conditions for expropriation. The Minister of Finance shall also decide on the financial support of the expropriation. Following approval of the request for expropriation the relevant Ministers shall forward the file to the Regional governor for the expropriation procedures to be implemented. The Regional governor shall make a proposal for expropriation to the owner of the land stating the public need confirmed by the Minister of Finance and the Minister of Regional Development and Public Works, the way of compensation and the value of the lands. If the owner agrees to the proposal the Regional governor shall execute sale-purchase agreement with them thus terminating the expropriation procedure. If the owner disagrees entirely or in part, 5 the Regional governor shall enter into negotiations with them aiming at the conclusion of the agreement to be approved by the Minister of Finance and the Minister of Regional Development and Public Works. In case of failure to reach agreement the Regional governor shall refer the matter to the relevant district court which judgment shall be final and having the force of expropriation deed. In the case under consideration the expropriation procedure has been terminated with the execution of purchase agreements by and between the Regional governor and the persons concerned. Only three land plots have not been expropriated due to failure to supply ownership documents, claimed as the property of the heirs of Arif Reshidof Sinapov, namely land plot N 033023 with a surface of 752 sq.m.; land plot N 034010 with a surface of 1.193 000 sq.m. and land plot N 034018 with a surface of 199 sq.m. (iv.) Overview of the restitution legislation and the procedures on restitution of lands concerned by Plovdivtzi Dam construction. Following the adoption of the Constitution of 1991 the bases have also been laid down of the restitution legislation. Laws have been adopted providing for the restoration of ownership right on properties, lands and forests to the persons having been deprived of them on the grounds of deeds governed by previous political and legal regulation – Agricultural Land Ownership and Use Act (1991), Act restoring Ownership of certain retail Shops, Workshops, Warehouses and Repair Shops (1991), Act Restoring Ownership on Nationalized Immovables (1992), Act restoring Ownership on Certain Expropriated Immovables under the Zoning and Urban Planning Act, Staged Construction of Populated Areas Act, Public Works in the Populated Areas Act, Stateowned Properties Act and Ownership Act (1992), Act Restoring Ownership on Forests and Forest Stock Land Tracts from the Forestry fund (1997). The Agricultural Land Ownership and Use Act and the Act Restoring Ownership on Forests and Forest Stock Land Tracts from the Forestry fund laid down the following principles and procedures regulating the restitution of lands and forests taken away from their owners: The persons claiming restoration of the ownership right on agricultural lands shall submit restoration application within 17 months from the entering into force of this Act, i.e. not later than 07.11.1993. Applications for restoration of ownership right on forests and land from the Forestry Fund are submitted to the Municipal Agricultural and Forestry Offices according to their location within 30 June 1999. The persons failing to meet the above times limits for submission of applications are entitled to establish in judicial proceedings their right of restoration of ownership on lands and forests lodging a claim against the Municipal Agricultural and Forestry Office according to the location of the lands and/or forests. This claim can be lodged both for the agricultural lands and for the lands and forests originating from the Forestry fund, before 12 May 2007. The lands and forests shall be restored in their old real boundaries or in new real boundaries. In cases where activities have been carried out on expropriated forests or lands making impossible the ownership restoration, such as construction of water engineering systems, the owners shall be compensated by forests and land of the same type and origin. Pursuant to the Agricultural Land Ownership and Use Act “Owners or their heirs owning agricultural lands prior to the establishment of labour co-operative farms or state farms regardless of whether such lands used to be incorporated therein or in other suchlike agricultural organisations set up on the basis thereof within or outside the boundaries of urbanized territories (settlements), and if any activities have been carried out on their farms were that render the restoration of ownership therein impossible, shall be compensated, at their request, by equivalent lands of the Municipal Land Fund and/or by registered compensatory notes”. The same principle is stated also in the Act Restoring Ownership on Forests and Forest Stock Land Tracts from the Forestry fund: If forests and lands cannot be restored in their existing or restorable old boundaries due to any activities carried out thereon, the owners shall be 6 compensated by forests and lands of the equivalent type, origin and surface as the ones being expropriated on the territory of the same settlement on the territory of a neighbouring or other settlement within the municipality. Compensations are set out by Decision of the Municipal Agricultural and Forestry Office. The persons concerned are entitled to contest by judicial means the Municipal Office refusal to restore the lands and forests demonstrating that no activities have been carried out on their lands making impossible the restoration of the ownership. With judicial means, by lodging an appeal against the Municipal Agricultural and Forestry Office Decision can also be contested the type and the amount of the compensations established. The lands on which activities have been carried out making impossible the restoration of the ownership are State property under the restitution laws. 74.591 sq.m. of private lands have been expropriated for the construction of Plovdivtzi Dam. The same lands, prior to expropriation, have been restored to their owners in accordance with the restitution laws (Appendix 10 – Certificate of the Rudozem Agricultural and Forestry Municipal Office). Following restoration of the ownership, the lands have been expropriated for the construction of Plovdivtzi Dam. As already pointed out in section (ii) above, currently only the ownership of the heirs of Arif Reshidof Sinapov is questionable as regards land plot N 033023 with a surface of 752 sq.m.; land plot N 034010 with a surface of 1.193 000 sq.m. and land plot N 034018 with a surface of 199 sq.m. (v.) Legal possibilities available to the owners of expropriated properties to claim the restitution thereof in case of failure to realise the project According to Art.40 of the State Property Act: “If, within three years from the expropriation of the property, the measure under the detailed urban development plan has not commenced or the property concerned is not used for the purposes it had been expropriated, at the request of the former owner of such real property, the relevant Regional governor shall revoke the alienation following reimbursement of the compensation received”. The annulment of the expropriation requires that the activity for which the expropriation has been carried out have not been initiated. Private properties falling within the land plots designated to the construction of Plovdivtzi Dam have been expropriated in 1998 and no activity has been initiated on them, namely dam construction. That is the reason why former owners whose private properties have been expropriated for Plovdivtzi Dam construction, are deprived of the legal means under Art. 40 State Property Act. (vi.) Restriction on activities imposed in view of the Plovdivtzi Dam water collection. Under the legislation in force (Water Act, Public Health Act and Ordinance N 3 of 16.10.2000 on the conditions and procedures for studying, planning, approving and exploiting Sanitary and Security Areas neighbouring water sources and drinking and household water supply facilities and mineral water sources used for treatment, prevention, drinking and hygiene purposes) there is a ban on the exploitation of a water source regardless of its ownership if there is no SSA established. Designs have been elaborated for SSA in the area of Plovdivtzi Dam and lands have been allocated for belt I of the SSA. The lands falling within belt ІІ and belt ІІІ are not subject to expropriation, but regarding their owners the following bans and restrictions on the performance of certain activities likely to have negative impact on the water source have been established (the 7 abbreviations in the last two columns shall mean: B – ban; R – restriction; RDN – restriction in case of demonstrated need). N Types of activities Belt II Belt III 1. Underground resources extraction R R 2. Construction of ground and underground construction facilities excluding reconstruction and modernisation of the main water supply facilities R - 3. Use of the land plot for new or existing cemetery for new funerals B RDN 4. Creating new and enlarging the existing populated territories for permanent and seasonal use with no sanitation and depuration facilities complying with the technical requirements B RDN 5. Construction of water-piping disconnected from the water supply system RDN - 6. Construction of pipelines conducting oil and other harmful or toxic substances B B 7. Construction of roads and highways R RDN 8. Developing service centres, car washes and parkings B RDN 9. Developing facilities and industrial activities leading to increase in eutrophication substances’ content in water B RDN 10. Developing underground reservoirs and repositories for dangerous substances B B 11. Animal farm (excluding pig-breeding farms) B R 12. Pig-breeding farms B B 13. Private animal farms RDN - 14. Manuring with liquid natural manure B RDN 8 15. Manuring with natural manure and/ or compost R - 16. Fertilizing with non organic fertilizers R RDN 17. Using of plant protection products R RDN 18. Construction of silage pits R - 19. Irrigation and fertilization with waste waters R RDN 20. Use of aircrafts for distribution of fertilisers and pesticides B B 21. Industrial fish-farming R - 22. Use of internal combustion motor vessels B R 23. Camping sits and vacation camps B RDN 24. Holiday houses and similar B RDN 25. Cutting down of forests excluding breeding cuttings R RDN 26. Washing with chemicals and/or bleaching materials B B According to data provided by the Municipality of Rudozem and Plovdivtzi county the establishment of belt ІІ and belt ІІІ of Plovdivtzi Dam SSA will not result in bans or restrictions regarding the activities currently carried out. Up to now the dam lands are being used for grazing of 12 cows, 14 goats and 4 sheep belonging to a total of 10 owners. Cows are usually placed in cowsheds and fed with hay mowed by their owners in the dam area. The mowing season lasts from June to September. Every day or every other day goats and sheep are taken out to pasture by their owners in the dam area. According to the majority of persons interviewed, the dam grass is mainly mowed not so much to be used for animal feeding but rather as a protection measure against fires. Most owners are not that concerned by the submerging of the lands since they have other meadows of their own to be used for mowing and grazing. (vii.) Implementing social commitments in connection with Plovdivtzi Dam water collection. Prior to the completion of the expropriation file for the private properties falling within the Plovdivtzi Dam reservoir and SSA a meeting was held between the persons concerned, representatives of Rudozem Municipality, representatives of the dam designer 9 Vodokanalengineering OOD and investor control, Geos OOD, Smolyan. The meeting was held on 9 July 1998 and a Protocol has been drafted thereof (Protocol N 11), containing the following requests of the persons concerned: 1. Rudozem Municipality and the contractor shall ensure development of forest roads providing access to the lands proposed for expropriation in view of their recultivation and farming. 2. Rudozem Municipality and the contractor jointly commit themselves to build-up the village inner roads – asphalting and putting in place sidewalks. 3. Rudozem Municipality and the contractor commit themselves to restore the village old irrigation systems, namely to conduct water to the water-mill and to build-up two irrigation channels on the two sides of the village. 4. Rudozem Municipality and the contractor shall make adjustments to the river within the scope of the Plovdivtzi urban planning plan. 5. The necessary quantities of running water for drinking and household needs to all points of the village shall be ensured. 6. The Municipality and the contractor shall build playgrounds and sports grounds in the school area. 7. Rudozem Municipality and the contractor shall re-cultivate the zone of the old depuration plan in the village of Delimehemdsko. The main part of these commitments has been complied with. The following remains to be implemented: Completing the asphalting of the inner road network – some 800 metres still remain to be build; No playgrounds are put in place. There are no sports ground in the school area since the school has been closed. The opening of a kindergarten is envisaged. The village old irrigation system has not been restored. The restoration of the irrigation systems and the provision of the necessary quantities of running water for drinking and household needs are connected with the completion of the dam and will directly result as the effect of the Plovdivtzi Dam construction. The social effect of the project implementation will have multiple dimensions: Improvement of the water supply of the villages neighbouring the dam area; Development of infrastructure, tourism and economy; Reduction of unemployment and creation of new jobs; Improvement of the quality and standard of living of the population. The future Plovdivtzi Dam will accumulate water for potable water supply from the towns of Madan, Rudozem, Smolyan and a number of other settlements with 41 754 inhabitants. Its commissioning will terminate the so called “tacit restrictions on water supply” for the towns of Madan and Rudozem, which is due to the inconstant flow of surface water sources, currently ensuring water supply. The expectations of either local authorities or the municipality population concerning the commissioning of the dam are also connected with some improvement of the infrastructure, thus achieving sustainable results and development of local business, short-term and long-term tourism. 10 The dam construction and commissioning is expected to ensure employment and new jobs as well. In this way the unemployment rate in the area will be reduced and this will necessarily result in a further social effect for the population. The implementation of the project on the Plovdivtzi Dam completion will make possible the water consumption for drinking and household purposes to approximate the European standards for consumption and will improve the quality of life and people’s lifestyle. Good conditions will be created for developing the medium and small business, the services and the economy which will considerably improve the quality of live and the population’s living standard. (viii.) Conclusions In summary, the following CONCLUSIONS can be drawn: 1. For the Plovdivtzi Dam State-owned lands have been allocated and private properties have been expropriated the owners of which received prior and equal compensation. 2. Expropriation of private property lands was carried out legally and in compliance with the statutory acts in force at the time of expropriation. 3. The Plovdivtzi Dam construction has not and will not imply displacement of population. 4. The dam completion requires no subsequent acquisition and expropriation of other lands nor displacement of population excluding some small lands owned by the municipality, as well as small private property lands should their ownership be proved. 5. The lands which following completion of the construction, will fall under the water level, are non-productive, poorly afforestated or non-afforestated areas and in some insignificant part agricultural lands. 6. The State is the owner of the expropriated private lands and of the forests and lands from the State Forestry Fund, granted for the Plovdivtzi Dam construction. It is recommendable that the State should assign the measuring of the lands falling within the Plovdivtzi Dam reservoir and in the SSA of belt I. Furthermore, it should request that these properties be added to the restored property map as a single property designated for a dam. 7. The procedures implemented for the provision of lands for the construction of Plovdivtzi Dam are in compliance with the objectives as set forth in World Bank Operational Policy and Bank Procedure 4.12 „Involuntary resettlement”, and namely: Alternative models of the project have been used with a view of avoiding or minimizing involuntary resettlement such as providing State-owned properties and only exceptionally some expropriation procedures have been carried following prior compensation of their owners. In cases when involuntary displacement could not be avoided, the persons concerned have been duly compensated with the equal value of their expropriated properties. In summary of the aforesaid, the enclosed table contains a reference of the documents certifying the ownership rights of the State on the lands on which the dam construction began as well as the documents regarding the rights of the persons concerned by the activity carried out: Documents certifying Documents the ownership rights concerning of the State compensations paid for the land acquired Acts designating ( List of State-owned lands for compensations paid Documents concerning restitution claims and compensation paid The ownership restoration precedes 11 Actions brought in court concerning private person’s ownership Judgment having force of res judicata of the purposes of dam construction as indicated in Appendixes 1 to 5 to the owners and heirs of agricultural lands, perennial crops falling within them in connection with their expropriation for the construction of Plovdivtzi dam Appendix 6) the expropriation of the private properties for the construction of the dam. The private properties falling within the Plovdivtzi Dam reservoir prior to their expropriation have been resituated Certificate of the Rudozem Agricultural and Forestry Municipal Office – exit N 1074 of 05.11.2007 – Appendix 10 12 the Madan District court N 121 of 31.05.2001 Appendix 9. By this judgment the ownership on 23 000 sq.m. of forests on the territory of the village of Plovdivtzi has been restored to the heirs of Arif Reshidov Sinapov, in the village of Iskrat. Failing the identification of these forests in the court’s judgement it is not possible to draw conclusions on whether the properties thus restored actually fall within the Plovdivtzi Dam reservoir. APPENDIXES 1. Appendix 1 - Protocol of 20.05.1997 of the Commission nominated by the Plovdiv Regional governor designating the sites for the construction of Plovdivtzi Dam and the supporting infrastructure. 2. Appendix 2 - Decision N KZZ-7 of 03.12.1997 of the Agricultural Land Commission to the Ministry of Agriculture, Forestry and Agrarian Reform. 3. Appendix 3 – Order N 370 of 10.08.1998 of the Minister of Finance. 4. Appendix 4 – Order N RD 02-14-1010 of 16.09.1998 of the Minister of the Regional Development and Public Works. 5. Appendix 5 – Order N RD 02-14-1069 of 28.09.1998 of the Minister of the Regional Development and Public Works. 6. Appendix 6 – List of compensations paid to the owners and heirs of agricultural lands, perennial crops falling within them in connection with their expropriation for the construction of Plovdivtzi Dam as of 20.06.2000. 7. Appendix 7 – Order N RD 02-46-690 of 02.06.1999 of the Minister of Agriculture, Forestry and Agrarian Reform. 8. Appendix 8 – Council of Ministers Decision N 610 of 15.09.2000. 9. Appendix 9 – Judgment of Madan District court N 121 of 31.05.2001. 10. Appendix 10 – Certificate of the Rudozem Agricultural and Forestry Municipal Office. 11. Appendix 11 – Protocol of 9 July 1998, signed by the owners of expropriated properties, representatives of the Municipal administration, Vodokanalengineering OOD and Geos OOD, Smolyan. 12. Appendix 12 - Sanitary and Security Area Design for Plovdivtzi Dam (unofficial). 13 LIST OF ABBREVIATIONS USED IN THE TEXT SSA – Sanitary and Security area MAFO – Municipal and Agricultural Forestry Office 14