Spatial Data in Wide Geospace

SPATIAL DATA IN WIDE GEOSPACE

Authors:

Adamczyk Tomasz Begović Vlasta Bieda Agnieszka Bielecka Elżbieta Bugaj Piotr Dawidowicz Agnieszka Džunić Irena Gajos Małgorzata Jankowska Marlena Kereković Davorin Krukowska Katarzyna Kryszk Hubert Kurowska Krystyna Parzych Piotr Rahmonov Oimahmad Schrunk Ivančica Wójciak Ewelina Źróbek Ryszard

Scientific Editors Prof. Ryszard Źróbek Ph. D. Agnieszka Dawidowicz

Reviewers: Ph. D. Małgorzata Dudzińska Ph. D. Marta Gross

Published by: Croatian Information Technology Society, GIS Forum 10 000 Zagreb, Ilica 191e, Croatia University of Warmia and Mazury in Olsztyn 10-719 Olsztyn, Oczapowskiego 2,Poland University of Silesia 40-007 Katowice, Bankowa 12, Poland

©Copyright

Croatian Information Technology Society, GIS Forum, Croatia University of Warmia and Mazury in Olsztyn, Poland University of Silesia, Poland

ISBN 978 -953-6129-43-0 Nacionalna knjižnica, Zagreb, Croatia

CONTENTS INTRODUCTION ...... 5 1. PARADIGM SHIFT IN GEOSPATIAL DATA QUALITY ASSESSMENT ...... 6 1.1. Fundamentals of data quality evaluation ...... 7 1.2. Evaluation of Database of Topographic Objects. The case study of Minsk Mazowiecki. Materials and methods ...... 8 1.3. Results ...... 10 1.4. Conclusions ...... 13 2. REPEATABLE PATTERNS IN FORMING PLANNING SPACE ...... 16 2.1. Rules of spatial planning ...... 16 2.2. Model fragment of planning space...... 17 2.3. Case study ...... 19 2.4. Conclusions ...... 26 3. ZONING FEE ASPECTS ...... 27 3.1. What is a zoning fee? ...... 27 3.2. Who is obliged to pay a zoning fee and why? ...... 28 3.3. How high is a zoning fee? ...... 29 3.4. When will a zoning fee not be charged? ...... 30 3.5. Problems with settling real property values for the purposes of determining zoning fees. 30 3.6. Conclusions ...... 34 4. ELABORATION OF THE VALUE MAPS FOR AGRICULTURAL REAL PROPERTIES IN THE RESOURCE OF THE AGRICULTURAL PROPERTY AGENCY (APA) USING THE GIS TOOLS ...... 35 4.1. Material and Methods ...... 37 4.2. Results and Discussion...... 38 4.3. Conclusions ...... 44 5. POSITIONAL DATA OF UTILITY CADASTRE AS A BASIS FOR CONSTRUCTION, MAINTENANCE AND MANAGEMENT PUBLIC LIGHTING INFRASTRUCTURE ...... 45 5.1. European smart cities ...... 45 5.2. Energy reconstruction of Zagreb – ZagEE Project ...... 46 5.3. Public street lighting ...... 48 5.4. Regulation of public lighting ...... 49 5.5. Spatial information management for local government City of Zagreb ...... 51 5.6. VodGIS data store structure for public lighting ...... 52 5.7. Column property, place setting, management and service ...... 54 5.8. Conclusions ...... 55 6. SPATIAL DATA INFRASTRUCTURE IN SELECTED COUNTRIES ...... 56 6.1. Methodology ...... 58 6.2. Assessment of the NSDI ...... 65 6.3. Evaluation of geoportals work efficiency ...... 67 6.4. Implementation of the INSPIRE Directive Annexes I, II and III in selected NSDI ...... 70 6.5. Conclusions ...... 70 7. LIABILITY IN THE USE OF GIS IN US LAW SHALL POLAND LEARN FROM THE EXPERIENCED PLAYERS? ...... 72 7.1. American state of play ...... 73 7.1.1. Murray v. United States – the inaccurate data on the map ...... 73 7.1.2. Reminga v. United States – improperly marked data in question on the map ...... 74 7.1.3. Aetna Casualty and Surety Company vs. Jeppesen & Company – a defect of the graphic depiction of the data on the map ...... 76 7.1.4. Saloomey v. Jeppesen & Co. – defective data portrayed on the map ...... 77 7.1.5. Barbara A. BROCKLESBY, et al., v. UNITED STATES and Jeppesen and Co. – defective data ...... 77 7.1.6. A few Remarks on the stand of US law ...... 78 7.2. Jeppesen’s state of play ...... 78 7.3. Polish state of play ...... 80 7.4. Conclusions ...... 82 8. VEGETATION SUCCESSION AND SOME SOIL FEATURES IN FORMER MILITARY TRAINING AREAS IN EXAMPLE OF BORNE SULINOWO ...... 83 8.1. Study area ...... 83

8.2. Materials and methods ...... 84 8.3. Results and discussion ...... 84 8.4. Conclusions ...... 90 9. THE LATE ROMAN SEABORNE TRADE IN THE EASTERN ADRIATIC ...... 91 REFERENCES ...... 98 LIST OF FIGURES ...... 109 LIST OF TABLES...... 111 NOTES ON THE SCIENTIFIC EDITORS ...... 112 NOTES ON THE AUTHORS ...... 114

INTRODUCTION This book presents research proving the importance of spatial data in a wide geospace. Data quality, especially geospatial data, is of utmost importance since huge number of data set is available in the Internet. The book notes inter alia that the term “data quality” is ambiguous and subjective, and has various meaning for a data user and data producer. It is important to define the term of data quality for different users. For a data producer data quality can mean conformity with a data specification. For a data user data is of high quality if it fits for his intended uses in operations, decision making and planning. The research include a variety of topics, starting with standards for data quality, the way how information on data quality is reported, to current trends in geospatial data quality understanding with the reference to open and volunteered geospatial data. Another issue concerns real estate market data. The obtaining knowledge on the market within which the analyses are conducted should take into account the current and, as far as possible the future, trends. Information on real estate prices represents important information improving the principles of management of for example undeveloped agricultural real property that belong to the APA (Agricultural Property Agency) resources. The land value maps represent the opinion on the land price that can be obtained in case of land sale under normal market conditions excluding transactions of forced type and transactions resulting from special conditions. The book also offers some interesting considerations on intelligent street lighting on the example of the city Zagreb. Authors describe how ICT system with accurate spatial information improves current communal activities for street which comprises management and maintenance of street lighting facilities and infrastructure, financing its construction, including covering the costs of electricity for lighting of public areas and public roads that pass through. We wish You a fruitful reading.

Scientific Editors Ryszard Źróbek Agnieszka Dawidowicz

1. PARADIGM SHIFT IN GEOSPATIAL DATA QUALITY ASSESSMENT Quality is an intrinsic property of any product, including geospatial data and any product derived from the data e.g. maps and services. In 2000 the International Organization for Standardization (ISO) developed and published the ISO 9000 series of standards that define, establish, and maintain an effective quality assurance system for manufacturing and service industries. ISO 9000’s definition of quality is “degree to which a set of inherent characteristics fulfils requirement” (ISO 9001, 2000; POKSINSKA et al., 2002). This definition is always taken for granted in any further ISO documents, including ISO 19 100 standard series for geographic information. Quality is more difficult to define for data. Unlike manufactured products, data do not have physical characteristics that allow quality to be easily assessed (VEREGIN 1999). Quality is thus a function of intangible properties such as completeness, consistency, accuracy, lineage. The meaning of “quality” depends on the context in which it is applied and is different for a data user and data producer (BIELECKA et al., 2014; DELAVAR and DEVILLERS, 2010; DEVILLERS and BEDARD, 2010). For a data producer data quality means conformity with a data specification. From this perspective the data is deemed of high quality if it correctly represent the real-world construct to which it refers. For a data user data is of high quality if it fits for his intended uses in operations, decision making and planning. The importance of geospatial data quality has been noticed by practitioners and theorists in the early 1980s, when GIS began to be more widely used. Henceforth geospatial data quality has been a core sub-discipline of geographic information geosciences (GISciences), geomatics, and geoinformatics. It has been of utmost importance for research community, industry as well as public administration and government agencies. Starting with issue related to error propagation, the geospatial data quality focus has diversified over the years, addressing the technological challenges of the time, and following the overall degree of maturation of the discipline (DEVILLERS et al., 2010). The main achievements in the field of geospatial data quality are as follows: Increase in awareness both data produces and data users that data are imperfect and influence on decision based on these data. Publishing of national and international standards on data quality (FDGC, CEN/TC-287, ISO/TC 211). Elaborating methods and tools for data quality assessment and report (assigning metadata with data, tools for evaluating Volunteered Geographic Information and Open Data). Recognition the importance of semantics in geospatial data quality (data mush- up, spatial-centric web services, interoperability). User-focused data quality, the evaluation “fitness for use” not only the entire data sets but also object types or even single objects. User focused on data quality has completely shifted the perception on data quality from thinking “how can I measure the quality of my data and let the user know” towards? “What does the user need to avoid data misuse and how can I provide this information to the user?” Generally the quality of dataset is described in metadata, in standardized way, according to ISO19 115 (2011), Dublin Core (2009) standards or INSPIRES metadata regulation (2008) and implementing rules (2013). Data quality is assessed due to ISO 19113 (2002) quality principles, ISO 19 114 – quality evaluation procedures (2003), and ISO 19138 (2006) - quality measures. Metadata provides information on several aspects of the datasets, such as, identification, spatial reference system, geographical location, temporal reference, data quality and validity, constraint related

6 to access and use, as well as organizations responsible for the establishment, management, maintenance and distribution of spatial data sets and services. 1.1. Fundamentals of data quality evaluation Since a dataset is not generally produced for a specific application but rather for a set of supposed applications, the quality of the dataset can only be assessed by knowing the data quality elements. The data quality elements evaluate the difference between the dataset produced and the universe of discourse, which is perceived as the perfect dataset that corresponds to the product specification (ISO 19 113:2002). The ISO 19 113:2002 - Quality principles establishes the principles for describing the quality of geographic data and specifies components for reporting quality information. It also provides an approach to organizing information about data quality. The standard is applicable both to data producers and users. It allows data producer to describe and assess how well a dataset meets its mapping of the universe of discourse as specified in the product specification, formal or implied. And data users to determine whether or not specific geospatial data is of sufficient quality for their particular application. The standard on quality principles does not only provide the concept of data quality it also standardizes the names and a scheme under which all differences of a dataset and the corresponding universe of discourse can be categorized. The quality is assessed by characterized any geospatial dataset by data quality (DQ) elements and subelements which are qualitative and non-quantitative (overview). The qualitative DQ elements are as follows: − completeness: presence and absence of features, their attributes and relationships; − logical consistency: degree of adherence to logical rules of data structure, attribution and relationships (data structure can be conceptual, logical or physical); − positional accuracy: accuracy of the position of features; − temporal accuracy: accuracy of the temporal attributes and temporal relationships of features; − thematic accuracy: accuracy of quantitative attributes and the correctness of non-quantitative attributes and of the classifications of features and their relationships. The overview DQ elements such as purpose, usage, and lineage are used to describe the non-quantitative quality of a dataset. The data quality overview elements provide general, non-quantitative information. The purpose gives information on the reasons for creating the dataset and on the intended use of the dataset. The usage provides information on the kind of application for which the dataset has been used. Lineage describes the history of the dataset. As well as being applicable to digital geographic data, the principles of ISO 19 113 can be extended to identify, collect and report the quality information for a geographic dataset, its principles can be extended and used to identify, collect and report quality information for a dataset series or smaller groupings of data that are a subset of a dataset. Although the ISO 19 113 is applicable to digital geographic data, its principles can be extended to many other forms of geographic data such as maps, charts and textual documents. Data quality evaluation methods are divided into two main classes: direct and indirect. Direct methods determine data quality through the comparison of the data with internal and/or external reference information. The indirect evaluation method is a method of evaluating the quality of a dataset based on external knowledge. This external knowledge may include, but is not limited to, data quality overview elements and other quality reports on the dataset or data used to produce the dataset. This 7 method is recommended only if direct evaluation methods cannot be used (ISO 19 114, 2003). The direct evaluation methods are further subclassified by the source of the information needed to perform the evaluation. Figure 1 depicts this classification structure.

Fig. 1. Data quality evaluation methods. Source: (ISO 19 114, 2003) All the data needed to perform an internal direct data quality evaluation method are internal to the dataset being evaluated, e.g. test for topological consistency of boundary closure resides in a topologically structured dataset. External direct quality evaluation requires reference data external to the dataset being tested, e.g. a positional accuracy test requires a reference dataset or a new survey. Both external and internal evaluation methods could be automated or non- automated, and full inspection (testing every item in the population specified by the data quality scope) or sampling which requires testing sufficient items in the population in order to achieve a data quality result. Quality results shall be reported as metadata in compliance with ISO 19115, which contains the related model and data dictionary. 1.2. Evaluation of Database of Topographic Objects. The case study of Minsk Mazowiecki. Materials and methods The Database of Topographic Objects (BDOT) of Poland is maintained and distributed by National Mapping Agency – the Head Office of Geodesy and Cartography. This is a spatially continuous, vector database with the thematic scope and a level of detail corresponding to contemporary, civilian topographic maps at the scale of 1:10 000 (THE GENERAL SURVEYOR OF POLAND, 2003). The investigation of data quality has been performed for buildings, building objects (such as chapels, monuments or fountains), and land use complexes. The data covers two topographic map sheets at the scale 1:10 000 (N-34-140-A-c-3, N-34-140-A-c-4) located at the Minsk Mazowiecki (Fig. 2.), which is situated in central part of Poland. Each object (feature type) is geometrically represented as polygon and characterised by a set of attributes. These data were updated in 2007, mainly on the basis of orthophotomaps, field reconnaissance and the data from large-scale databases (basic map, land register maps). The total mean error of an object location does not exceed 5 m. The overall characteristic of the analysed data is given in Table 1.

Table 1. Descriptive characteristic of evaluated data ITEM NAME VALUE Geographical extent N 52° 09´ 45´´; E 21° 30´ 30´´ N 52° 11´ 52´´; E 21° 36´ 22´´ Coordinate System 1992 Datum GRS80 Area covered [in hectares] 1160.86 Updateness 2007 The RMS of object location[in meters]: 2 Buildings and building objects 5 Land use complexes Total number of buildings 7476 Total number of building objects 97 Total number of land use objects 8 Source: BieleckaE. based on the BDOT data set for Minsk Mazowiecki.

Fig. 2. Analysed data. Source: BieleckaE. based on the BDOT data set for Minsk Mazowiecki. For BDOT data quality assessment direct evaluation method and full inspection of the dataset were applied. Data from Lands and Buildings Register, ortophotomaps and quality reports form national centre of geodetic and cartographic data in Mazovia Voivodship were used as external data sources. The evaluation five steps process is shown in Fig. 3. The quality evaluation was done for three thematic layers: buildings, building objects and land use complexes. The following quantitative data quality elements and subelements were examined and reported: − Completeness – commission and omission; − Consistency – conceptual, domain, format and topology; − Positional accuracy – closeness of reported coordinate values to values accepted as or being true;

− Temporal accuracy, namely temporal consistency – correctness of ordered events or sequences. Positional accuracy was measured by RMS, for remaining DQ element and subelements the measure was defined as per cent of objects that did not fulfill the established rules.

Data Evaluated specyfication

External

Step 1 - Selection DQ

evaluation method

Step 2 – Identification of: Data quality scope Data quality element Data quality subelements

Step 3 – Idenyfication data quality measure

Step 4 – DQ assessment

Step 5 – DQ results

Map Report

Fig. 3. Steps of geospatial data quality control. Source: BieleckaE. based on ISO19 114:2003. The analysis of BDOT quality was based on attribute filtering and spatial queries as well as on spatial analysis conducted with the help of ArcGIS 9.3 software. 1.3. Results Evaluated data set, however controlled by data producer and organisation responsible for data (hence Voivodship Geodetic and Cartographic Documentation Centre), is not error free. The conformance test was failed for building data layers, where both omission ((about 2% of buildings) and commission of objects (0.8% of buildings) were observed. It is illustrated in the Figure 4.

Fig. 4. Omission and commission of buildings. In blue are buildings stored in BDOT database, in red – in Lands and Buildings Register. Source: WĄSOWSKA M. (20010). More than 4.7% of buildings are not met the criterion of minimum building size, which was set up as 40 m2. While the BDOT data specification determines that the number of buildings smaller than 40 m2 should not exceed 1%. The positional accuracy of buildings, expressed by RMS, does not exceed 1.5 m, however some outliers exists. Maximum value of buildings shift is 8.3 m (Fig. 5).

Fig. 5. Positional accuracy of buildings location. Source: Bielecka E. Fifteen address points has been assigned to an outbuildings instead of buildings. It constitutes 0.33 % (Fig. 6)

Fig. 6. Errors in assigning address points to buildings. Resource: WĄSOWSKA M. (2010).

The analysis proof that the buildings object data layer is also incomplete. There are luck of chapels, wayside crosses, and fountains which exist in reality. This is shown in Figure 7.

Empty table for building objects

b) Monument to the heroes of c) Monument 1PLM Warsaw World War II Fig. 7. Building objects: a) in BDOT data, b) and c) in real world Source: Bielecka E. (2010)

The results of data quality assessment are summerised in Table 2.

Table 2. Results of BDOT quality assessment BUILDIN DQ BUILDING LAND MEASURE G ELEMENT S USE OBJECTS Commission % of excess data 0.76 0 0 Omission % of absent data 1.90 7 10 Conceptual % of items that are not adherent to 4.72 0 0 consistency rules of the conceptual schema Domain % of items which attribute values 0 0 0 consistency are not adherent the value domains Number of items in the dataset that Format are stored in conflict with the 0 0 0 consistency physical structure of the dataset Topology Number of faulty topological objects 0.33 0 0 consistency in the dataset Positional RMSE 1.6 1.6 5 accuracy Number of items in the dataset Temporal which are not correct ordered in 0 0 0 consistency time Source: Bielecka E.

Building objects and land use data sets pass the quality test. The omission rate (7% for building objects and 10% for land use) is acceptable by the product specification, however for data users is very confusing. The information on chapels, fountains and monuments is not stored in the BDOT database, although these objects exist in reality. Figure7 b,c shows the photographs of these objects. Land use thematic layer does not include: residential areas, areas occupied by schools, hospitals, and manufacturing facilities. However this is in line with product specification for the Minsk Mazowiecki in the year 2007. 1.4. Conclusions The quality of a dataset should be described in a generic and objective way. This is enabled by principles and procedures set up in ISO 19 113 and ISO 19 114 standards. However these International Standards does not attempt to define a minimum acceptable level of quality for geospatial data. Data quality is understood differently by data producers and data users. This is especially true now, a huge number of non-professional users use the data in a variety of applications. Although imperfections are inherent in spatial data and have an influence on decisions based on these data, users of geospatial technologies often have the impression that data are perfect or act accordingly. This is because many users are not skilled in GIS software, as well as do not have in-depth knowledge in the field of statistics, the errors distribution, uncertainty, fuzzy logic, etc. Another concern is the lack of a commonly accepted terminology. Use of terms also varies largely within a community and it can be confusing for people reading academic papers to identify different concepts named the same or similar concepts labeled using different names. Definitions of other related concepts, such as uncertainty, error, accuracy, vagueness, etc., can find different interpretations depending on the people using the terms or the scientific community they come from. Attempts have been made to clarify these definitions and their relationships as taxonomies, but these taxonomies, which are often not compatible, are not yet integrated (e.g. BÉDARD, 1986; 1987; DRECKI, 2007; FISHER, 1999; FISHER et al., 2006; LEYK et al., 2005; ROBINSON and FRANK, 1985). Consequently, to facilitate the advance of spatial data quality into society, there is a need to build a generally agreed-upon 13 ontology. Hopefully, standardization bodies such as ISO/TC-211 and Open Geospatial Consortium (OGC), which have shown increased interest in this topic lately, will help reach a level of agreement. DEVILLERS et al. (2010) assumed that some questions still remains unsolved: − How should the quality of various layers of data combined be best summarized? − How could quality in data mashups or resulting from the integration of volunteered geographic information (VGI) provided by thousands of web users be meaningfully summarized? To cope with this problem, GOODCHILD (2008 a, b) described existing metadata that only describe one dataset as being “unary”, and wondered if “binary” metadata could be documented, which would illustrate the ability of two datasets to interoperate. − How in effective way the quality information should be reported to the user? The publication of metadata is the main approach that has been used by data producers in the past two decades to communicate spatial data quality to professional and lay users. Generating metadata is a time-consuming task and has a fairly limited impact on a user’s ability to understand the possible uses of data. Successful uses of metadata are mainly related to the use of core/discovery metadata to search for spatial datasets using keywords (spatial and temporal extents, theme, etc.). Users are expected to understand the characteristics of a given dataset and the extent of its potential use from metadata. However, there is still a gap between what the quality assessment mapping experts can produce and the information users can understand and use. The complexity related to geospatial data quality makes it difficult to document within a metadata (DEVILLERS et al., 2010). Data quality is of particular importance when the information obtained from data is used to make decisions. It is known that decisions are often based on unreliable information, but each decision maker must be fully aware of this. In the process of decision-making assessment of the accuracy and reliability of the data (information) is crucial. Therefore, to use GIS in decision-making is necessary not only to know the quality of data, but also models of the errors spreading as well as the ability to assess the quality of spatial operations. In 2009 at Geographic Information Ethics and GIScience Special Sessions during annual meeting of Association of American Geographers (AAG) which was held in Las Vegas (USA) it was assumed that “Erroneous, inadequately documented, or inappropriate data can have grave consequences for individuals and the environment”. The key issue in spatial data quality assessment is identification of the sources of errors and uncertainties. Most of the errors are related to the universe of discourse and accepted model of real word (semantic, logical, and physical). This implies the objects types and attributes that should be collected and stored in a database. Methods of estimating errors vary depending on the type of errors. Other methods determined position errors, and other attributes qualitative or quantitative. Errors, which the source data are affected, are transferred to the data processed. Analysis of transmission errors from the data source to the resulting data is referred to as the spread of errors. Spatial data are affected by various kinds of errors. The ability to assess the degree of risk when making decisions based on data affected by errors is called error management strategy. In order to minimize the number of errors that affects spatial data only documented data from known sources should be used. The user should define quality criteria to be met by data, at the very early stage of GIS project. Now, there is an increasing awareness and some understanding of errors and uncertainty sources in spatial data in the GIS domain. Most of the existing approaches are based on probabilistic methods and use fuzzy set theory. In order to minimize the impact of errors to the quality of the final GIS product, it is recommended: 14

− Control data quality at every stage of the project, starting from data input. − Avoid to spatial merge and integrate muliresolution data, especially very detailed data and generalized data. − Understand what happens during data processing, especially during data aggregation, building topology, transformation of co-ordination etc. − Analyse the obtained results in terms of their correctness. It is necessary to remember that spatial data quality is, first of all, about data quality in general, and there is a very important research community looking at (non-spatial) data quality issues. User focused on data quality has completely shifted the perception on data quality from thinking “how can I measure the quality of my data and let the user know” towards? “What does the user need to avoid data misuse and how can I provide this information to the user?”

2. REPEATABLE PATTERNS IN FORMING PLANNING SPACE Shaping space where people lives, is an extremely difficult task. Processes, which aim is to determine right arrangement of objects are subject of planning works. They are made on the basis of suitable law regulations (USTAWA, 2003a). Procedures are long- term and must take into account many factors such as: social-economy, environmental, cultural and compositional-esthetic. In order to fulfill these conditions it is necessary to abide legal and traditional rules. The essential planning document in Poland is land use plan. It is the basis of shaping surroundings of people, living within commune area. It establishes rules being commonly in force in this area. They are the basis for issuing administrative decisions concerning real estate. Since land use plan describes land destination, and conditions for their development and also arrangement of public investments, it must be worked out with due care. Of course, it is the easiest way to determine destination of land which has not been developed in any manner, so far. in any manner, so far. Yet, it would be perfect situation, which can not be reached in reality. Any planning works are not hanging in the air. Worked out plans must always take into account existing land development. In order to facilitate planning processes, one can assume, that drawing of plan is marked with some repeatable patterns. There is no doubt that it can be disturbed by existing objects of land development and objects of nature. The aim of work is detection of repeatable patterns in existing land use plans which will prove that planning documents can be created by filling out spatial space by pattern especially created for this space. 2.1. Rules of spatial planning Spatial planning in Poland is regulated by law about planning and development (USTAWA, 2003a). It determines rules of shaping spatial politics by self-government and government authorities. It also determines range and methods of land destination for specific aims and land development . As the basis for these activities it takes spatial order and sustainable development. It means, that space, where spatial processes are run, should be shaped in such a way, in order to: − Create harmonious unity, taking into account all functional, social-economy, environmental and compositional-esthetic conditions and demands (spatial order). − Assure social-economy development, where integration of political, economic and social processes takes place, together with preservation of natural balance and stability of fundamental nature processes– both for contemporary and future generations (sustainable development). In spatial planning and development one must take into account various factors, and also rules of sustainable development (SEKRETNY, 2011). Among mentioned rules one can distinguish rules described in Act about spatial planning and development and so called “undefined” rules or traditional (NIEWIADOMSKI, 2004). But the rest are: − demands of spatial order, including city planning and architecture, − landscape and architectural quality, − demands of environment protection, including management of waters and agricultural and forest land protection, , − demands of protection of cultural heritage and monuments and goods of contemporary culture, − demands of health protection and safety of people and asset, and also need of invalid persons, − value of economic space, − ownership,

− needs of defensive capability and safety of country, − needs of public affair, − needs of development of technical infrastructure, especially broadband networks. Such long list of rules which control spatial planning processes means, that planning documents are created with taking into account number of additional provisions. The most important are (BIEDA et al., 2012), (CYMERMAN, 2011), (SKRENTY, 2011): − Constitution of Poland (KONSTYTUCJA, 1997). − Civil Code (USTAWA, 1964). − Construction Law (USTAWA, 1994) together with ordinances concerning technical conditions, which should be fulfilled by various construction objects. − Act about nature protection (USTAWA, 2004). − Environment Protection Law (USTAWA, 2001a). − Water Law (USTAWA, 2001b). − Act about agricultural and forest lands protection (USTAWA, 1995). − Act about protection and care of monuments (USTAWA, 2003b). − Act about curative activity (USTAWA, 2011). − Act about real estate management (USTAWA, 1997). 2.2. Model fragment of planning space Since majority of land use plans are created now by computer programs, which aid computer designing or by geographic information systems, one can suggest for specific planning space model (pattern) fragment, which will be repeated in this space in order to fill up more area than fragment itself is. Such pattern should contain areas of the most important functions being complementary to each other. Examples of such model piece of space have been presented on fig. 8. a) b)

Fig. 8. Examples of model fragment of planning space Source: Adamczyk T., Bieda A. In the first case (fig. 8a) it has been proposed multiple repetition the same element containing areas destined for low housing (description MN and destined for agricultural production (description R). Repeatable elements are separated by lands destined for roads. But in the second case (fig. 8b) an element containing areas destined for high housing (description MW), areas destined for services (description U) and areas for roads has been in some places scaled up and rotated, so as to fit it to planning space. Unfortunately, filling up planning space existing in reality, by identical, model pieces of plan, can cause some complications, because of two essential reasons: Complicated course of boundaries of cadastral parcels, causing unclear ownership structure of lands (Fig. 9a).

Existence in the field elements, which have significant influence on created plan. They are: Single objects , which do not fit to surroundings, disturbing regular arrangement of areas of specific destination (Fig. 9b). Point elements (that is: excavation sites, view points, nature monuments etc.), linear (that is: roads, rivers, technical infrastructure, etc.) and surface elements (that is: national parks, nature reservations etc.) needing creating protections zones (fig. 9a and fig. 9c). a)

Fig. 9. Examples of situations requiring modification pattern Resource: (UCHWAŁA, 2007) Figure 9 shows mentioned above barriers in using patterns in spatial planning. It is clearly visible on fig.9a, that copying standard pattern in space filled up by cadastral parcels of untypical shape can be troublesome. Parcels boundaries are placed in regard road at big angle. It causes that area destined for housing (description MU1) drawn parallel with road, not always includes whole cadastral parcels. Even then, majority of parcels could be developed. An exception is parcel marked on the drawing by red colour. On the same drawing it is visible necessity of disturbing pattern by

18 establishing buffer zone for water course (area described as ZE/W3). Figure 9b shows existing industrial plant, which had to be separated from protected area (description ZE/W3). Qualification this area as protected one, could made effectively impossible probable development or redecoration, needing building permit. The last piece of described figure (9c) shows forced interruption of continuity of strip land, destined for parking areas (description KU1), because in point marked by red dot, viewpoint has been located. It was put within area destined for sports and recreation (description US5). Therefore, it seems that application of any patterns in creating drawings of land use plans is only possible in case, when used patterns will be „manually” corrected in a way, which takes into account possible exceptions. 2.3. Case study In order to verify if repeatable patterns are suitable solution for improvement of spatial planning, suitable planning documents (resolutions of Council of Krakow) has approximately been analyzed. Characteristic of analyzed documents has been presented in table 3. In turn. arrangement of areas encompassed by analyzed land use plans, has been shown on fig. 10. Table 3. Characteristic of analyzed land use plans Date of entering Location into Area [ha] force Bieńczyce – Housing Complex 23.04.2013. 122.5

Nowa Huta 297.7 31.12.2013. Centre Oficerskie – Housing 14.01.2013. 71.1 Complex Piastowska 11.04.2013. 31.6 Ruszcza 09.11.2009. 262.5 Old City 17.06.2011. 93.6 Żabiniec – South 24.08.2012. 32.3

Source: Own work on the basis of (UCHWAŁA, 2009), (UCHWAŁA, 2011), (UCHWAŁA, 2012a), (UCHWAŁA, 2012b), (UCHWAŁA, 2013a), (UCHWAŁA, 2013b), (UCHWAŁA, 2013c)

Fig. 10. Arrangement of analyzed land use plans in Krakow Source: Adamczyk T., Bieda A. on the basis of (BIULETYN, 2014) Analyzed plans are of some 3% of city area. In total they occupy area of 911.3 ha. They all are compulsory in Krakow. Beyond them there are 120 other land use plans (gray colour). They occupy almost 50% area of the city. Looking for repeatable elements in structure of the city, one should concern to two unique areas of Krakow; historical strict centre and centre of its the newest quarter – Nowa Huta. For both centres land use plans have been created. Land use plan for „Old City” is a document of protected character (UCHWAŁA, 2011). It includes the most valuable historical, cultural, town-planning and compositional area. Its aim is really not to create space, but preservation values which are crucial for Krakow atmosphere and its attractiveness. Plan itself like real structure of historical centre of Krakow, reminds chess-board. Included units - square blocks, are surrounded from all sides by streets. Such shape of centre of Krakow is owed by act of foundation from 1257 (ATLAS, 2007). It has been shown on figure 11.

20 a) b)

c) d)

Fig. 11. Histortical centre of Krakow a) setting centre of town-planning arrangement of Krakow Great Foundation b)ortohfotomap from 2009 roku, c)study plan of conditions and spatial development of Krakow – previous lands destination Source: (ATLAS, 2007), (BIULETYN, 2014), (UCHWAŁA, 2003), (UCHWAŁA, 2011) Both on study plan conditions and development, containing previous lands destination (fig. 11c) and on land use plan (fig. 11d), mentioned above squares are visible. They could be treated as repeatable element of planning space. Nevertheless they are forced by this space. The next document, where one can observe similar situation, is land use plan created for area “Nowa Huta Centre”. It encompasses the oldest area of this part of Krakow. It was put into life because this area, in spite of monumental status, has crucial significance in town spatial structure (UCHWAŁA, 2013c). Thus, land use plan for this area must take into account rules of cultural values protection and must make it possible on revitalization. At the same time it can not forbid development of Nowa Huta centre in such a way, which gives possibility to develop various public and commercial functions. Drawing of land use plan is shown on figure 12.

Fig. 12. Land use plan for area „Nowa Huta Centre” Source: (UCHWAŁA, 2013c) Nowa Huta centre is developed, in most part, in a very uniform and harmonious way. The whole layout is based upon city centre, that is on symmetric space of Central Square (Plac Centralny). Here have their origin four streets, which divide the whole architectural layout on four sectors. Sectors are divided on housing complexes. Each of them creates separate unity equipped by school, nursery, kindergarten and points of sale. So, it could be treated as strongly expanded pattern of planning space. Initial project has been for many years completed by development elements, which must be put into plan. Succeeding plans have been analyzed from the point of view of occurring specific patterns. Some examples are put on drawings no: 13 ÷ 17. It is expected that land use plan for the area „Ruszcza” will cause capturing new lands for location of housing development (UCHWAŁA, 2009). Lands, destined for this purpose are now not invested. It means, that during creating plan, it was not necessary to take into account too many existing elements. It gave possibility to plan, on part of area, visible on figure 6, lands which ultimately have to be destined on low housing development (description MN). Planning space in this place is filled up by repeatable segments containing with lands of uniform destination, surrounded by access roads. Arrangements of lands destined for housing development has been done in a way, which is independent on shape of cadastral parcels boundaries. But it takes into account previously existing objects in this surroundings.

Fig. 13. Fragment of land use plan for area „Ruszcza” Source: (UCHWAŁA, 2009) Similar situation takes place within the area „Żabiniec-Południe”. Piece of plan, visible on figure 13, contains service-housing lands (description UM) and service development (descriptiom U). Such two segments are clearly visible. The first consists of areas described as „2UM” and „5U”. The second one consists of „3UM”, „4UM”, „5UM” and „6U”. It is scaled and rotated repetition of the first one. Taking account its size, it was crossed by access roads. One should remark, that lines demarcating areas of different destination, were mostly run in such a way in order to not create new substandard lands on existing cadastral parcels, destined for housing. It is the best visible for parcels located on communication lands, described as „1KDD” and „6KDD”, which were just destined for these purposes, within their whole width.

Fig. 14. Fragment of land use plan for area „Żabiniec-Południe” Source: (UCHWAŁA, 2012a)

Land use plan for area „Osiedle Oficerskie”, is also a plan of protection character. Its aim is preventing such investments, which could ruin specific land character, having valuable town-planning arrangement (UCHWAŁA, 2013b). Found on plane repeatable elements, have been marked on figure 15 (yellow, green and blue frame). In spite, that their sizes are different, they always contain lands destined for low housing development (orange colour), for high housing development (brown colour) and for services (pink colour). They are also rotated to each other. Additionally, dependently on element size, various network roads have been put to them. Considering, that plan was created on area being actually invested, some fragments of identified pattern had to be modified. Anyway, service lands are only in two bigger pieces of plan. Additionally, within piece of plan, on western side (marked on green colour), there are less these elements than in central fragment (marked on yellow colour). But in central fragment of plan, on land destined for services, it is permissible investments connected with high housing development. There are also noticeable fragments of service development on areas destined for housing development.

Fig. 15. Fragment of land use plan for area „Osiedle Oficerskie” Source: (UCHWAŁA, 2012b) The main aim of land use plan worked out for housing complex Bieńczyce is to order current and future land development processes (UCHWAŁA, 2013b). Its task is also enabling development of social, communication and technical infrastructure. Presented on figure 16 piece of plan for area „Bieńczyce-Osiedle” does not show such repeatable elements. Nevertheless, two presented on drawing segments, contain areas destined for low housing development (orange colour) and high housing development (brown colour). Additionally, in both segments one could find some places for green areas. Arrangement of these areas is similar.

Fig. 16. Fragment of land use plan for area „Bieńczyce-Osiedle” Source: (UCHWAŁA, 2013b)

The last example, a piece of land use plan for area „Piastowska”, differs significantly from the other plans. It is repeated here not the whole areas layout of various destination, but only shape of roads network. From the main street, fork off minor streets, and next streets. (fig. 17). It causes that individual areas developed by low housing have been divided by roads. Each of such segments could be presumed as pattern element of planning space.

Fig. 17. Fragment of land use plan for area „Piastowska” Source: (UCHWAŁA, 2013a)

2.4. Conclusions To sum up, one should remark, that: − Spatial planning is a process demanding taking into account social-economy, environmental cultural and compositional-esthetic factors. Thus, projecting land use plan, one can rely on model fragment of planning space, which will contain areas of complementary destination. Such approach can significantly simplify creative part of planning processes. − Creating land use plans on the basis of model fragment of planning space could be presumed correct only on undeveloped lands. Yet one should remember, that such creating, made automatically, without any control and uncritically, can negative influence on forming planning space. − Irregular course of cadastral parcel boundaries causes, that it is not possible working out land use plans by copying model fragments of planning space. Implementation geometric conditions can cause, that cadastral parcels could not be sensibly used in investments processes. − Objects of development and nature, existing in the field, will bring on often enough necessity of modification pattern elements, by which planning space could be filled up. − Assuming repeatability of arrangements in existing land use plans, documents coming from Krakow area have been analyzed. Repeatable structures have been noticed on them. Land use plans created for lands which have already been invested are proof, that existed space development was also created by copying some patterns. Documents created on undeveloped lands confirm, that filling up planning space by repeatable element, permits on its better use.

3. ZONING FEE ASPECTS The aspects of spatial planning were raised by Alina Źróbek-Różańska in “Uwarunkowania prawne gospodarki nieruchomościami w gminie w aspekcie kształtowania jej rozwoju” [“Legal conditions of real property management in municipalities with respect to shaping its development”], as well as Ada Wolny in “Realizacja Polityki przestrzennej w wymiarze lokalnym poprzez decyzje organów wykonawczych na przykładzie gminy Stawiguda” [“Spatial policy implementation in the local dimension by decisions issued by executive authorities, illustrated with an example of the Stawiguda municipality”]. The impact of spatial planning on real property values was brought up in the analyses of Małgorzata Krajewska in “Wartość nieruchomości zabudowanej w różnych stanach planistycznych” [“Developed property value in various statuses of land development planning] and Maria Hełdak in “Teoretyczne i praktyczne aspekty ustalenia wysokości opłaty planistycznej” [“Theoretical and practical aspects of determination of zoning fees”]. Local spatial development plans constitute the basis for spatial planning. They define the use of land, site location of public-purpose investment projects, land development and development conditions. As a matter of principle, costs of local spatial development plans are covered by the budget of a given municipality. In order to compensate municipalities for the costs of adoption of a local spatial development plan, the legislator introduced the term ”zoning fee”. The basis for determination of zoning fees is the increase in value of given real property caused by changes in a local spatial development plan or its adoption. The direct beneficiaries of such actions include real property owners and perpetual lessees which are obliged to pay the aforementioned levy. The amendment of the Regulation of the Council of Ministers on real property appraisal and appraisal study preparation consisting in the abrogation of par. 50 led to many doubts concerning real property appraisal for the purposes defined in art. 36 of the Public Procurement Act (PPA). The purpose of the present paper is to discuss the aspects connected with zoning fees; one also tries to define principles on real property appraisal required for the determination of zoning fees. 3.1. What is a zoning fee? A zoning fee (also known as a re-zoning fee or zoning charge) is the form of a public levy aimed at the compensation of costs of the adoption or amendment of a local spatial development plan covered by municipalities. Zoning fees constitute sui generis participation of a municipality in profits in disposal of real property whose value has increased due to the amendment or adoption of a local spatial development plan. It is the municipality’s own revenue. For the preconditions described in art. 36.4 of the PPA, a head of a municipality1 is obliged to settle a zoning fee in the form of a decision. With reference to the above, a zoning fee is of an obligatory nature; however, it should not be mistaken with a tax. Zoning fee proceedings are carried out on the basis of the Administrative Procedure Code, not the Tax Ordinance Act, which significantly affects the whole proceedings. Undoubtedly a zoning fee demonstrates some tax characteristics due to the fact that it is a public, obligatory, and non-refundable levy paid to the benefit of a local government; however, the equivalence of a zoning fee settles its non-tax nature.

1 In the Polish administrative system one distinguishes: a wojt (a head of a rural municipality), a mayor (a head of a town), and a president (a head of a city). The term “a head of a municipality” used in the paper refers to all of them. 27

Summing up, a zoning fee is a levy resulting from municipality actions consisting in the amendment or adoption of a local spatial development plan leading to the increase in value of given real property. 3.2. Who is obliged to pay a zoning fee and why? The basis of determination of zoning fees is the increase in real property value caused by the amendment or adoption of a local spatial development plan. The direct beneficiaries of such actions include: real property owners and perpetual lessees who are obliged to pay the aforementioned levy. With respect to the above, the obligation of zoning fee payment lies on the side of the aforementioned entities. Moreover, the resolution of 7 judges of the National Administrative Court (NAC) of 10th December 2009, ref. no. II OPS 3/09, indicates that the zoning fee settlement obligation lies on a real property owner, a perpetual lessee, as well as an inheritor or a person who received given real property by donation, and then sold it within 5 years of the adoption or amendment of a local spatial development plan. In this case a donee is a beneficiary of the adoption or amendment of the plan. In the situation of heritage the obligation to pay the zoning fee appears not only at the moment of disposal of the inherited property within 5 years of the local spatial development plan adoption or amendment, but also when the real property was sold by a testator who did not pay the specific levy. As was underlined numerous times above, a zoning fee is closely connected with the increase of real property value due to adoption or amendment of a local spatial development plan. However, it is not the only condition for zoning fee charging. One should also draw attention to the “secondary” nature of a zoning fee with respect to real property disposal. The obligation of a zoning fee appears only after given real property has been sold within 5 years of the local spatial development plan adoption or amendment coming into force. Therefore, the preconditions justifying zoning fee charging include: the increase in real property value due to the adoption or amendment of a local spatial development plan; and the disposal of given real property by its owner or perpetual lessee within 5 years of the adoption or amendment of a local spatial development plan coming into force. One should also underline the notion of “real property disposal”, which replaced the notion of “real property sale” in force before 22nd September 2004. Up to this date the zoning fee payment obligation appeared when real property was sold. Since 22nd September 2004, art. 36.4. of the PPA was amended by art. 10.3 of Act of 28th November 2003 on amendment of the Real Property Management Act and certain acts in the way that the term “sale” was replaced by “disposal”. The aforementioned amendment widened the catalogue of legal events covered by art. 36.4. of the PPA. According to art. 4.3.b. of the Real Property Management Act of 21st August 1997, one should understand “real property disposal” as “performance of legal acts which constitute the basis to transfer ownership of property, transfer right to perpetual usufruct of land property, or grant the right to its perpetual usufruct”. In line with the current legislation, the notion of “real property disposal” used in art. 36 of the PPA covers every civil act which changes an owner or a perpetual lessee of given real property apart from gratuitous acts. A zoning fee is closely connected with real property disposal of an equivalent nature which means that it can be charged only in the case of real property disposal against payment, as an effect of the disposer’s wealth property increase or additional benefits for the disposer. A gratuitous legal act means that a disposer does not receive any equivalence either at the date of a given legal act or in the future. The assumption above is in line with the zoning fee interpretation which constitutes municipal participation in profits due to real property disposal whose value increased as a result of the amendment or adoption of a local spatial development plan. No “profit” at the real property disposer’s side excludes the right to zoning fee charging.

In the wake of the judgement of the Voivodeship Administrative Court of 19th November 2010, file ref. no. II SA/Kr 998/10, one should add that in points of dispute, e.g. exchange without surcharges, the obligation to indicate equivalence of an agreement lies on the side of a head of a municipality. As a complementary statement, the notion of “real property disposal” does not exclude the possibility of charging a zoning fee in the situation of “partial real property disposal”. According to the Resolution of 5 judges of the Supreme Administrative Court of 17th May 1999, ref. no. OPK 17/98, a zoning fee is charged also for partial real property disposal if the value of given real property increased due to the amendment of a local spatial development plan. Borders of land intended in a local spatial development plan for a given use do not have to overlap the border of real property under the Civil Code or the Land and Mortgage Register. After the adoption or amendment of a local spatial development plan, given real property can be intended for various purposes which, as a consequence, leads to its division into separate parts from the spatial management perspective, with creation of separate pieces of real property as a final result. In legislation it was highlighted numerous times that the adoption of opposite solutions would undermine the sense of zoning fee charging and its prescription. The literal interpretation of the term “real property” would mean that decisions on zoning fee charging could be issued only after the last part of given real property had been sold, which would limit the possibility of zoning fee charging if the last part of given real property was disposed after the 5-year-period following the amendment or adoption of a local spatial development plan. The aforementioned is also applied when the amendment or adoption of a local spatial development plan covers a part of given real property and the whole property is disposed. In conclusion, an owner or a perpetual lessee is obliged to pay a zoning fee if the following conditions are met: − the amendment or adoption of a local spatial development plan will result in the increase in value of given real property or its part, − the disposal of given real property or its part will be carried out within 5 years of the amendment or adoption of a local spatial development plan, − the disposal of given real property will be of equivalent nature. 3.3. How high is a zoning fee? One of the bases of determination of zoning fees is the increase in real property value caused by the amendment or adoption of a local spatial development plan. According to art. 36.4. of the PPA, the level of a zoning fee shall not exceed 30% of the increase in real property value. The obligatory nature of a zoning fee also excludes charging of a zero rate. In some plans (adopted mostly before 2010) one can find a zero rate with respect to, e.g., land intended for road construction; however, as a principle this interpretation of the current legal provisions is a misinterpretation. The determination of an upper limit of the amount of a zoning fee by the legislator does not imply the possibility of avoiding zoning fee charging. The legislator, in the first place, indicates the obligatory character of a zoning fee (“a head of a municipality1 shall charge a one-off fee”), if the preconditions determined in art. 36.4. of the PPA have been met, and then it directly states its upper limit. The bottom limit of a zoning fee is settled indirectly by its obligatory character, understood as a public levy. Municipal executive authorities are obliged to prove the increase in real property value caused by the amendment or adoption of a local spatial development plan. As a rule, the increase in real property value constitutes the difference between: the real property value which is determined taking into consideration the intended use of land after the adoption or amendment of a local spatial development plan and its value determined with respect to the intended use of land valid before the amendment of a local spatial development plan; or its actual use before the adoption of a local spatial development plan; or the real property value determined according to the

29 intended use of land resulting from the local spatial development plan adopted before 1st January 1995. The increase in value has to be of an objective character resulting from proof, i.e. a real property appraisal study conducted by a certified property appraiser. One should also underline that the determination of an increase in a given real property value for the purposes of determination of zoning fees should reflect solely and exclusively the fact of adoption or amendment of a local spatial development plan. Other factors are irrelevant for the pricing purpose which is proven by the judicature. 3.4. When will a zoning fee not be charged? If all preconditions required for zoning fee charging are met, its avoidance seems to be impossible. The best, and the least practical at the same time, way to avoid paying a zoning fee is to refrain from the real property sale for 5 years following the date of adoption or amendment of a local spatial development plan. To get to know the amount of a zoning fee before potential real property disposal, its owner or perpetual lessee can apply to a head of a given municipality1 to have the fee calculated. If given real property is sold, the zoning fee will be charged in the amount settled before. According to the current legislation, a zoning fee is not charged in cases of gratuitous real property disposal. Moreover, if the adoption or amendment of a local spatial development plan does not cause any changes in real property function, it does not lead to any increase in real property value, and, therefore, a zoning fee is not imposed. The PPA amendment excluded also the possibility of zoning fee charging if the intended use of given real property resulting from the local spatial development plan adopted after 31st December 2003 is equivalent to its intended use determined by the local spatial development plan adopted before 1st January 1995. 3.5. Problems with settling real property values for the purposes of determining zoning fees. In line with the current legal provisions, the increase in real property value settled for the purposes of zoning fee determination constitutes the difference between the real property value taking into consideration the intended use of land after the adoption or amendment of a local spatial development plan and its value determined with respect to the intended use of land valid before the amendment of a local spatial development plan or its actual use. If directly before a local spatial development plan was adopted, no plan was in force, and it was adopted after 31st December 2003, the increase in real property value settled for the purposes of zoning fee determination constitutes the difference between the real property value determined with respect to its actual use or the intended use of land resulting from the local spatial development plan adopted before 1st January 1995. It can be illustrated in the following way (Fig. 18).

Fig. 18. Algorithm for determination of increase in real property value resulting from local spatial development plan adoption. Source: Parzych P., Wójciak E. As far as the legislator clearly settled the principles of selecting the proper intended use of real property as the basis for determination of the increase in real property value, there are no clear guidelines for the determination of real property value for zoning fee determination purposes in the current regulations. The abrogated par. 50 of the Regulation of the Council of Ministers of 21st September 2004 on real property appraisal and appraisal study preparation entirely regulated the real property pricing for the purposes determined by art. 36 of the PPA. It is illustrated in Table 4.

Table 4. Analysis of regulations defining the principles of real property value determination for zoning fee purposes.

Regulation of the Council of Ministers of 21st September 2004 on real property appraisal and appraisal study preparation (OJ 2004.207.2109 as amended) Previous regulations Regulations in force According to par. 50, real property Par. 50 was entirely abrogated on the market value for zoning fee basis of the Regulation of the Council of determination purposes is settled by Ministers of 14th July 2011 on taking into consideration its intended amendment of the Regulation of the use before the adoption or amendment Council of Ministers on real property of a local spatial development plan and appraisal and appraisal study its intended use after the adoption or preparation (OJ No. 165, item 985). amendment of a local spatial Currently, there are no provisions on development plan. One does not real property pricing for zoning fee include components of given real determination purposes in the property. regulation. The real property condition is taken as of the date a local spatial development plan or its changes come into force and the real property price as of the date of its disposal. If there was no local spatial development plan or zoning permission before the adoption of a local spatial development plan, one takes the actual use of given real property before the plan adoption. Spatial Planning and Development Act of 27th March 2003 (consolidated text OJ 2012 item 647, as amended) According to art. 37, the amount of a fee due to the increase in real property value resulting from the adoption of a local spatial development plan is determined as of the date of real property sale. The increase in real property value constitutes the difference between the real property value taking into consideration the intended use of land after the adoption or amendment of a local spatial development plan and its value settled with respect to the intended use of land valid before the amendment of a local spatial development plan, or its actual use before the adoption of a local spatial development plan. In the Act of 26th May 2011 on amendment of the Spatial Planning and Development Act (OJ 2011 No. 153, item 901), in art. 87 after item 3 one added item 3a whose present content excludes the possibility to apply art. 37 if a local spatial development plan was adopted after 31st December 2003 and real property value, taking into consideration the intended use of land defined in the local spatial development plan adopted before 1st January 1995, is higher than the real property value settled on the basis of its actual intended use after the plan was nullified. In this case, the increase in real property value constitutes the difference between the real property value determined on the basis of the use of land resulting from the local spatial development plan adoption, and its value taking into consideration the indented use settled in the local spatial development plan adopted before 1st January 1995. Source: Parzych P., Wójciak E. In the light of the present regulations and the lack of guidelines defining real property value determination for zoning fee charging purposes, it seems that disregard

32 of real property components in the real property pricing process, as well as taking real property condition as of the date of the adoption or amendment of a local spatial development plan, is rather doubtful. As a specific axiom one can assume that real property value is determined as of the date of its sale (real property disposal). The provision of art. 37 of the PPA concerning zoning fee determination as of the date of real property sale should not be treated as the legislator’s oversight. Other amendments did not result in changes in art. 37 of the PPA. The investigated procedure indicates the necessity of the equivalent character of real property disposal which constitutes one of the basic preconditions for zoning fee charging. Additionally, one should highlight that literal interpretation of art. 37 of the PPA would exclude zoning fee charging if a property had been disposed in another way. It is unquestionable that the increase in real property value determined for zoning fee purposes should be regarded as the result of the adoption or amendment of a local spatial development plan. While determining the increase in real property value one should take into consideration only such circumstances which affect the increase, and which are directly related to and result directly from the adoption or amendment of a local spatial development plan. If the increase in real property value is caused by other factors (e.g. territorial development, real property consolidation, or division), these factors are irrelevant for zoning fee determination purposes. Taking the above into consideration, while settling real property value for zoning fee purposes it is justified to take into consideration the real property condition as of the date of the adoption or amendment of a local spatial development plan. Such state of affairs will allow for the elimination of factors affecting real property value which are not directly caused by the plan adoption or amendment. As far as the issue of taking real property components into consideration in the pricing processes for the purposes determined in art. 36 of the PPA is concerned, one should draw attention to the fact that spatial development impact is connected with land. The way in which real property is developed is closely related to its use. There are discrepancies between land use and its development, e.g. a dwelling on agricultural land which is not a regulated plot of land. In such cases one should analyse the real property investment possibilities in detail, and potential increase in real property value resulting from the plan amendment should be related only to this part of the real property whose value increased due to, e.g., the new dwelling location. Additionally, it should be underlined that for perpetual usufruct of land a perpetual lessee is obliged to pay a zoning fee within the scope of the right to perpetual usufruct of land, and not the right of ownership of real property components. A building on land in perpetual usufruct is not additionally burdened with a zoning fee. Solving the issue of taking into account or rejecting real property components in its pricing process for zoning fee determination purposes, one should draw attention to regulations concerning the determination of a betterment fee, another public levy. Art. 98a.1. of the Real Property Management Act states: “If, as a result of real property division, conducted for the motion of its owner or perpetual lessee, who paid annual fees for the whole period of the right of perpetual usufruct, real property value increases, a head of a municipality1 can determine, in the form of a decision, a betterment levy related to the above. The amount of a betterment levy is settled by a municipal council in the form of resolution at the level not exceeding 30% of the difference in real property value. A betterment levy can be imposed within 3 years of the date the decision approving the real property division was final, or the verdict of real property division came into force. The real property value before and after its division is settled for prices as of the date of the decision on betterment levy determination. The real property condition before its division is taken into consideration as of the date of decision approving its division, and the real property condition after its division is taken as of the date when the decision approving real property division was final, or the verdict about its division came

33 into force; however, it does not take into consideration real property components”. For determining betterment levies for technical infrastructure equipment construction, the real property component issue is regulated by art. 40.1. of the Regulation on real property appraisal and appraisal study preparation, according to which while determining real property value before and after technical infrastructure equipment construction, one does not take into consideration the value of the components of given real property. According to the present paper’s author the procedure of settling the increase in real property value for the betterment levy determination could be by analogy related to determination of the increase in real property value for zoning fee charging purposes. 3.6. Conclusions Problems in determination of the increase in real property value for zoning fee determination purposes is connected mostly with the lack of clear guidelines in real property pricing for the aforementioned purpose. There is no doubt that the estimated increase in real property value due to the adoption or amendment of a local spatial development plan should take into consideration solely and exclusively benefits related with the aforementioned changes. No cause-and-effect relationship between the increase in real property value and the adoption of a local spatial development plan mollifies the obligation of zoning fee imposition. With reference to the above, while estimating real property value for zoning fee charging purposes it is justified to apply the principles resulting from the abrogated par. 50 of the Regulation on real property appraisal and appraisal study preparation. Additionally, in respect to numerous factors affecting real property value, a pricing method should be individualised for each case.

4. ELABORATION OF THE VALUE MAPS FOR AGRICULTURAL REAL PROPERTIES IN THE RESOURCE OF THE AGRICULTURAL PROPERTY AGENCY (APA) USING THE GIS TOOLS Agricultural real properties belong to the so-called unurbanised real properties positioned mainly in the rural areas. In appraisal of agricultural real property different methods (and techniques) belonging to the comparative, income generating, cost generating and mixed approach can be applied depending on the purpose of appraisal, legal regulations and the market situation. Application of those methods aims at taking into account the special characteristics of agricultural real properties. In case of agricultural land appraisal, 1 physical hectare of land is the comparative unit (CYMERMAN, 2013). In case of appraisal of real properties that are not developed with buildings, which belong to the resource of the APA, the methods of the comparative approach (the method of comparing in pairs and the method of average price adjustment) are applied the most often. In case of both those methods, the real property characteristics of important influence on the agricultural real property value are considered (CYMERMAN, 2012). The value of agricultural real properties is influenced by a range of factors among which the location, access convenience, usable value (soil quality), spatial shape, agricultural culture, cultivation difficulties, magnitude of environment pollution, presence of melioration structures and presence of infrastructure hindering agricultural technique implementation are considered the most important. The characteristics influencing the value of agricultural real properties can be divided into basic characteristics called the obligatory attributes and the complementary characteristics, i.e. the facultative attributes. As shown by PIETRZYKOWSKI in his studies, the price of agricultural real properties depends on the neighbourhood understood in the economic sense. The decisive role of soil quality in the price of agricultural land has not been confirmed in Poland. This results from the regional diversification and individual characteristic of the local market (PIETRZYKOWSKI 2011a, p. 139). The price of land in the local market will increase in case of high demand for and limited supply of it (WELL 2003, p. 153). The demand for and supply of the agricultural land should be determined by location (PIETRZYKOWSKI 2011b, p. 219). Significant regional diversification of prices for agricultural real properties exists. Agricultural real properties in the regions with higher population density, with higher agricultural culture enjoy higher interest and thus obtain higher prices. The level of agricultural land prices also changes depending on the location relative to the centres of residence (CYMERMAN 2012). KEMPA conducted studies on the correlation between the transaction price and the environmental factors. The results of the analysis showed that the real properties are clearly divided into real properties offering other than agricultural possibilities of use and real properties used for agricultural and forestry purposes. Higher prices were obtained in case of the smaller agricultural real properties belonging to the first group where productive values of the soil had little influence on the price. The value of the real property increased with the decrease in the distance from compact built up areas and decreased in the vicinity of landfills. Neighbourhood of protected areas had favourable influence. In case of the second group the fertility class of soils had significant influence on the high value of agricultural real properties (KEMPA 2010, p. 53). According to PLANTINGA el at., land prices reflect not only the current use but also the potential use in the future. Although agricultural function seems the most profitable use, development is some other direction is projected frequently (PLANTINGA et al. 2002, p. 561).

Obtaining knowledge on the local market should take into account the current and, as far as possible, the future trends. Market analysis (including analysis of agricultural real properties prices) represents one of the fundamental tools in the process of taking decisions of, among others, investment and administrative type. The value of agricultural land is a very important source of information for the Agricultural Property Agency in taking decisions related to management of land in the resource of the State Treasury. The fundamental components of the agricultural real property market change over time and space (ŹRÓBEK et al. 2005, p. 63). Agricultural land can represent numerous values and functions for different buyers at the same time (HOLMES 2006, p. 144). The importance of land as a factor of agricultural production results from the fact that it is irreplaceable and its resources are decreasing continually (PAŁASZ 2007, p. 35). Particularly during the recent years, we have been noticing increased interest in acquisition of agricultural real property by people so far not involved in agriculture. That group of the buyers in particular has special influence of the obtained prices of agricultural real properties sold from the APA resource. The acquired agricultural real properties are treated increasingly often as a form of investment, which translates into high transaction prices obtained. The market of agricultural real properties encompasses the state market and the private market, frequently referred to as the local market or market of transactions among neighbours. Trade in agricultural land in the resource of the Agricultural Property Agency that consists of the former lands of the State Land Fund (SLF), land of the State Agricultural Enterprises and land of the former State-owned Farms, seems to be important. The APA has 1.6 million ha of agricultural land in its resource. Of that, 1.25 million ha is leased to tenants. The largest area of land for sale is available in Zachodniopomorskie, Wielkopolskie, Dolnośląskie and Warmińsko-Mazurskie voivodships. In 2013 only, the Agricultural Property Agency (local branch) in Olsztyn sold 21,400 ha of state-owned land – undeveloped agricultural real properties with the area from 1 ha to 500 ha. The Agricultural Property Agency should use the agricultural real property of the State Treasury in the rational way. Trade in agricultural land is one of the APA’s tasks. According to MAŚNIAK (2011, p. 3), trade in agricultural land encompasses all the situations that lead to a change of business entities at an agricultural farm. Thus, the change of the owner or user is the outcome of trade in agricultural land. Privatisation of the property of the State Treasury, however, in the forms stipulated in the Act on management of the agricultural real property of the State Treasury is the main task of the APA (ACT 1991). Competitive tender represents the basic procedure for sale of the agricultural real properties in the Resource of the Agricultural Property of the State Treasury. The sale of real property has the form of limited tender (for family farmers) or unlimited tender (applicable to all other interested parties). The tender may have the oral auction form or the tender of written offers. The Agency organises oral auctions thanks to which obtaining the highest sale price is possible the most often. Individuals and legal entities that paid the tender guarantee at the specified time, place and form (unless they were exempt from that duty) and appeared at the auction may participate in the tender (REGULATION of 2012). Transfer for lease on conditions and principles similar to those in force in case of sale represents a temporary form of disposal of agricultural property from the APA resource. Lease was the fundamental method for disposal of the Resource land during the initial period of Agency operation because of the vast offer of State Treasury land and limited financial resources of the potential buyers at that time (NAWROCKI 2010, p. 173). Studies by MARKS-BIELSKA (2009, p. 164) indicate, however, that the vast majority of tenants treat that form of holding as temporary. The tenants of agricultural real properties, after 3 years, acquire the right of first refusal in purchasing the real properties leased. Thematic maps represent the most effective method for presentation of a given phenomenon in space, determining the variability of the spatial value, density or

36 intensity of geographic phenomena as well as relations among them. Thematic maps present different socioeconomic issues and phenomena. They form the base for determination of the right direction and defining the socioeconomic policy implemented within the given economic and social units. During the times of the increasing development, the demand for the maps of that type increases and the subjects of their contents also expand. The GIS offers the user the possibility of combining the descriptive data about the object with the information on their spatial positioning and allows creating thematic maps, conducting spatial analyses and formulation of conclusions. MapInfo Professional – the product by MapInfo Corporation is one of more popular software packages servicing the systems of geographic information next to the packages such as ArcGIS, GeoMedia or Quantum GIS. Reviewing the distribution of real properties values is the activity preceding every action related to the real property market. However, there is no appropriate source of comprehensive information offering additionally the possibility of presentation in the map format (CICHOCIŃSKI 2011, p. 120). The regulation on the types of thematic and special cartographic products (REGULATION of 2011), defines the notion of the thematic map of the average transaction prices of land. That notion should be understood as maps presenting diversification of transaction prices for lands allocated to development by construction and agricultural land based on the data gathered by county mayors in the register of prices and values of real properties, statistical studies as well as analyses and specifications characterising the real property market in the entire country on connection with the basic, three-tier territorial division of the country. From the perspective of the tasks performed by the Agricultural Property Agency, obtaining knowledge on diversification of transaction prices of agricultural land is important. The Chief Surveyor of the Country, in performance of the tasks related to elaboration of the subject maps takes into consideration the appropriate thematic data of the spatial information infrastructure collected by the bodies of the Land Survey and Cartographic Service, competent ministers and other bodies of public administration. The minister competent for the issues of construction, spatial and housing management and the President of the Central Statistical Office are the bodies competent as concerns the map of average transaction prices of land. According to BUDZYŃSKI (2012, p. 138), the map of average land prices is to present the diversification of average land transaction prices. The average land price presented in the thematic map determined assuming certain conditions may represent the estimated land value. As concerns the real properties in the resource of the APA, the database of transactions maintained by the APA Local Branch in Olsztyn was used for elaboration of the map of average land prices. The map, independent of the technology and method of elaboration, represents the natural resource combining all the information concerning the objects (GŁOWACKI 2005, p. 44). Over the years, different concepts of defining and drafting the land value maps were developed. They include, among the others, the identification of the zones with similar land prices by applying geostatistical methods (CELLMER and KURYJ 2011), drafting land value maps by applying artificial neural networks (BUDZYŃSKI, 2011), the approach based on spatial multicriteria analysis (GENELETTI, 2006), hedonic model using geographic information systems data (BASTAIAN et al. 2002) and other. 4.1. Material and Methods Land value maps may make management of the agricultural property of the State Treasury easier, they may satisfy the needs of farmers as concerns information and they may represent the starting point for determination of the land value for the future sales. The considerations will be verified on the selected county of Warmińsko- Mazurskie voivodship presenting as the output an example of the thematic maps elaborated in the MapInfo Professional application including the map of land values. The maps of the value of prices for the agricultural real properties were developed

37 based on transaction prices for undeveloped agricultural real properties in the resource of the Agricultural Property Agency. The analysis covered years 2012-2013, i.e. the period of increased interest in acquisition of agricultural land. The period chosen results also from the fact that as a custom, transactions from the last two years are assumed for comparison in appraisal of land. The fact of transformation of the spatial structure in rural areas and the increased interest in agricultural land real property during the recent years contributed to undertaking the research problem. Management of agricultural lands include, among others, activities involved in generating, recording and making available the information on land. That information may concern mainly the land use, its development and ownership rights as well as the estimated value of land. The subjects concerning, among others, the development and possibilities of transformation and development of rural areas, represent particularly important issues. Spatial analysis of the prices of agricultural real properties in the resource pf the APA will be the basic objective of the studies. Market analysis (including analysis of transaction prices) represents one of the fundamental tools in the process of taking decisions, among others investment and administrative decisions. 4.2. Results and Discussion Management of agricultural lands includes, among others, activities involved in establishing, recording and making available the information on the land. That information may concern the land use, its development and ownership rights as well as the estimated land value. The considerations were verified on the area of activities of the APA Local Branch in Olsztyn, presenting as the output the examples of thematic maps elaborated in the MapInfo Professional application – the map of land value. The analysis covered agricultural real property transaction prices from the years 2012- 2013, i.e. the period of intensive interest in agricultural land acquisition. Thematic maps are tools for data analysis and visualisation. Distributions and trends that are hard to notice in specifications of data can be traced easily in thematic maps. Seven types of maps can be used for creating thematic maps: ranges of values, density of dots, graded symbols, individual values, bar and circular diagrams as well as raster thematic maps. Each of them has specific applications and specific characteristics. Thematic maps developed in the MapInfo represent consecutive layers within the database. Applying the SQL enquiry, descriptive data from many tables can be used. Numerous alternative presentations of the same issue can be prepared for the given layer. Dynamic updating during edition of the attributes’ values is an important characteristic of thematic overlays. This allows maintaining currency coupled with continual extension of the database. In creating thematic maps, three dialogue windows have to be gone through. They will help chose the thematic map type, data sets and columns as well as the options allowing adjustment of the map looks to own requirements. Maps were drafted based on the data contained in the database of agricultural real properties transaction prices maintained by the APA Local Branch in Olsztyn for undeveloped agricultural real properties located within Warmińsko-Mazurskie voivodship sold from the resource. Transactions in real properties smaller than 1 ha were rejected. During the years 2012- 2013, 2889 transactions were concluded. Taking into account the behaviour of the potential buyers in the individual communes, the location of undeveloped agricultural real properties relative to the main centres of the region was considered. The area, which is also an important characteristic of the real property, was also considered. The agricultural real properties were divided into four groups: up to 5 ha, 5 to 20 ha, 20 ha to 50 ha and over 50 ha. Thematic maps – maps of the average transaction prices, were prepared for the individual area groups. The form of sale: the right of the first refusal of the current tenants and tenders in open and restricted form were also considered in the analysis as

38 important criteria. The eastern part of the voivodship encompassing 6 counties: Węgorzewo, Gołdap, Giżycko, Olecko, Pisz and Ełk, was not included in the analysis, as it is not within the area of competence of the Local Branch in OT Olsztyn. In the area covered by the analysis of white fields means that transactions not took place in the period the (refers to all figures 19-30).

Fig. 19. Map of average transaction prices for undeveloped agricultural real properties 1 ha to 5 ha in size in case of sale to the current tenants. Source: Kryszk H.

Fig. 20. Map of average transaction prices for real properties 1 ha to 5 ha in size sold through open tender. Source: Kryszk H.

Fig. 21. Map of average transaction prices for real properties 1ha to 5 ha in size sold through restricted tender. Source: Kryszk H. Fig. 91-21 present average transaction prices for real properties of 1 to 5 ha in size. During the analysed period, 216 transactions were sales to current tenants and tenders represented 576 transactions of which 425 were open tenders. Transactions occurred in almost all the communes located within the area of competence of the Local Branch in Olsztyn. Transaction prices were diversified indifferent of the sale procedure. The largest number of transactions took place in the communes situated within the radius of up to 50 km from Olsztyn: Kozłowo, Dywity, Pasym, Płośnica and Biskupiec. The highest transaction price was recorded in the commune of Szczytno (area Szymany 30,700 PLN/ha), in the commune of Elbląg (area Bogaczewo 26,600 PLN/ha) and in the commune of Gronowo Elbląskie (area Rozgart 27,500 PLN/ha). The lowest transaction prices were at the level of ca. 8,000-9,000 PLN/ha in Górowo Iławeckie (areas of Zielenica and Woryny).

Fig. 22. Map of average transaction prices for undeveloped agricultural real properties 5 ha to 20 ha in size in case of sale to the current tenants. Source: Kryszk H.

Fig. 23. Map of average transaction prices for real properties 5 ha to 20 ha in size sold through open tender. Source: Kryszk H.

Fig. 24. Map of average transaction prices for real properties 5 ha to 20 ha in size sold through restricted tender. Source: Kryszk H. Fig. 22-24 present the average transaction prices for real properties of 5 do 20 ha. During the analysed period, the number of transactions in that group was much smaller (591). 326 transactions were concluded by tender including 122 sales in open tenders and 204 sales according to the restricted tender procedure. The transaction prices were diversified indifferent of the sale procedure. Such real properties were not available to the APA for sale in all the communes. The highest transaction prices from open tenders were recorded in the central part of the analysed area. In case of sales to the current tenants and in restricted tenders, the agricultural quality and suitability for cultivation were the major criterion.

Fig. 25. Map of average transaction prices for undeveloped agricultural real properties 20 ha to 50 ha in size in case of sale to the current tenants. Source: Kryszk H.

Fig. 26. Map of average transaction prices for real properties 20 ha to 50 ha in size sold through open tender. Source: Kryszk H.

Fig. 27. Map of average transaction prices for real properties 20 ha to 50 ha in size sold through restricted tender. Source: Kryszk H.

In the group of real properties of 20 to 50 ha the number of transactions was much lower than in case of undeveloped agricultural real properties with the smaller area (up to 20 ha). The smallest number of sales was concluded in open tenders (20 only). The largest number of transaction represented the purchase in procedures with the right of the first refusal by current tenants. The minimum transaction prices obtained in that group of real properties (indifferent of the sale procedure) were at a much higher level (ca. 20%) than in case of smaller real properties. The average transaction price for all the transactions concluded during the period analysed was 18,900 PLN/ha; in open tenders 16,900 PLN/ha, in restricted tenders 21,600 PLN/ha and in case of sales to current tenants 17,100 PLN/ha. Relatively low prices in case of open tenders resulted from the fact that they applied to agricultural real properties with unfavourable characteristics (difficult access, poor soils as well as wastelands and wooded areas).

Fig. 28. Map of average transaction prices for undeveloped agricultural real properties over 50 ha sold to the current tenants. Source: Kryszk H.

Fig. 29. Map of average transaction prices for real properties over 50 ha sold through open tender. Source: Kryszk H..

Fig. 30. Map of average transaction prices for undeveloped agricultural real properties over 50 ha sold according to the restricted tender procedure. Source: Kryszk H. In case of real properties exceeding 50 ha, the number of transactions was 46 only. This included 35 sales to the current tenants. This indicates the limited resource of large area undeveloped agricultural real properties. The transaction prices obtained were relatively high (18,600 PLN/ha in average). The highest transaction prices were recorded in case of restricted and open tenders. 4.3. Conclusions During the analysed period, the largest number of transactions was recorded in case of small areas of undeveloped agricultural real properties. Those transactions represented 47.62% of all transactions. The largest number of real properties in that group was sold in open tenders (53.66%). In the other size groups of agricultural real properties sale to the current tenants was the dominating form of sale. In the group of real properties 5 to 20 ha in size such transactions represented 44.93 %, in the group of 20 to 50 ha they applied to 57.1% of transactions and in case of real properties exceeding 50 ha as much as 76.08%. It can be concluded clearly that the percentage of transactions increases with the size increase of the agricultural properties sold from the APA resource. This is the consequence of the fact that the vast majority of land had already been distributed (mainly leased). Given that the rational management of the State Treasury resource is the task of the Agricultural Property Agency, the sample maps developed allow monitoring the behaviour of potential buyers and determining preferences in acquisition of real properties. Thanks to the GIS tools, we can determine the current status of development, accessibility, location and other important characteristics of the real property. Within the framework of development and integration of the spatial information system, complete identification of the agricultural property market with consideration for individual characteristics of the real properties will be possible. The guidelines in the Regulation by the Council of Ministers regulating, among others, the thematic products in the form of digital maps of average transaction prices for land represent an example of practical application for such products.

5. POSITIONAL DATA OF UTILITY CADASTRE AS A BASIS FOR CONSTRUCTION, MAINTENANCE AND MANAGEMENT PUBLIC LIGHTING INFRASTRUCTURE The motto of rapid development in the seventies of last century came the "faster, better, stronger“and in the late 20th and early 21st century is "sustainable development". Climate protection is a topic that preoccupies politics, science, business, civil society and citizens of the world. Everyone is responsible for their actions, but also all bear consequences of inaction. In a time of recession and crisis, rational use of energy, energy efficiency, the application of new green technologies and renewable energy sources is an imperative but also a challenge and impulse for economic development, opening new workplaces and a brighter perspective for our young generations. Industrialization in the 19th century and the rapid development of technology in the 20th century brought unimagined changes to our daily life and in nature. 5.1. European smart cities There are several fields of activity which are described in literature in relation to the term Smart City: industry, education, participation, technical infrastructure, various ‘soft factors’; finally a Smart City is identified as a city well performing in six characteristics built on the ‘smart’ combination of endowments and activities of self- decisive, independent and aware citizens. In association with economy or jobs Smart City is used to describe a city with a “smart” industry. That implies especially industries in the fields of information and communication technologies (ICT) as well as other industries implying ICT in their production processes.

Fig. 31. Benchmarks for Zagreb smart city ranked on http://www.smart-cities.eu/ranking.html Source: http://www.smart-cities.eu/ranking.html (access 02.06.2014) Governance as an aspect of a smart administration often also referred to the usage of new channels of communication for the citizens, e.g. “e-governance” or “e- democracy”. Smart City is also used to discuss the use of modern technology in everyday urban life. In the result list of Smart City rankings for the 70 European cities, Zagreb is ranked in the middle – on 35thplace. City-rankings are a proper instrument to evaluate economic, social and environmental conditions in different cities revealing their specific strengths and weaknesses.

Fig. 32. First 20 smart cities ranked on http://www.smart-cities.eu/ranking.html Source: on http://www.smart-cities.eu/ranking.html (access 02.06.2014) Public sector in EU is legally obliged to rationally use and systematically manage energy in all its objects on the national, regional and local level. That is why it must be a driver and promoter of activities for the application of measures for the improvement of energy efficiency and reduction of greenhouse gas emissions. The key to success lies in the skillful combining renewable energy, energy efficiency and energy management. 5.2. Energy reconstruction of Zagreb – ZagEE Project Proactive energy policy of the City of Zagreb has set high targets in order to meet the obligations set out in the Covenant of Mayors and the Sustainable energy action plan of the City of Zagreb to reduce greenhouse gas emissions by 21% through the application of energy efficiency measures and the use of renewable energy sources by the year 2020. The Covenant of Mayors is the mainstream European movement involving local and regional authorities, voluntarily committing to increasing energy efficiency and use of renewable energy sources on their territories. Also, the Directive 2012/27/EU on energy efficiency obliges the public sector to acquire energy efficient buildings, products and services. In order to encourage the application of energy efficiency measures and the use of renewable energy sources, the City of Zagreb shall provide an example of the usefulness of such measures for individuals and the society. The project ZagEE is implemented as part of the IEE program for technical assistance 2012. – Mobilization of local energy investments and includes financing of technical assistance as well as the production of the documentation necessary for energy refurbishment of objects, through the allocation of grants. This allows the beneficiaries to produce projects, feasibility studies and obtain the necessary documentation needed for financing the energy refurbishment of objects from sources other than the city budget, such as banks and EU funds.

The project involved various objects: − 3 city administration buildings; − 15 elementary schools; − 7 secondary schools; − 36 kindergartens; − 6 retirement homes; − 3 health centers; − 17 buildings of local self-government; − modernization of 3000 outdated luminaries in the public lighting system by LED luminaries with time based lighting control system in all city districts ZagEE project was created according to the Development Strategy of the City of Zagreb (ZagrebPlan), institutional and legal EU framework at national and local levels in all its aspects, in the period until 2020.

Fig. 33. Development Strategy of the City of Zagreb (ZagrebPlan) Value of the ZagEE project amounts to EUR 1.813.438, and total planned investment worth of work on the realization of planned measures for which the technical documentation will be produced amounts to EUR 29.379.114. The return on investment, without using the grants, is approximately 13 years. Project objective is also to influence positive changes in legislation, regulations etc and to influence the improvement of the existing financing instruments, based on experiences acquired through the implementation of the ZagEE project. The project ZagEE – Zagreb Energy Efficient City supports the realization of energy savings through the implementation of economically justified, energy efficient technologies and measures an objects owned by the City of Zagreb.

Fig. 34. First gas mantles in Zagreb got back in the 1863rd year in parts of the Upper and Lower Town In parallel with the development of electric lamps public lighting evolved and expanded in the city. Total in Zagreb there are approx. 120,000 lighting fixtures. Today Zagreb has implemented a number of projects of effective lighting. In the next ten years, the City of Zagreb on public lighting in parks wants to save 137 735 110 kn by modernization of the city's public lighting, and replacing outdated lamps with modern LED technology. All lamps have to be changed to the 2016th year, following the recommendations of the European Union by incorporating LED lighting. 5.3. Public street lighting No matter what is the purpose of public lighting, it must meet four basic interrelated requirements: FUNCTION, AESTHETICS, ECONOMY and ECOLOGY. High-quality public lighting at night enables us safe traffic and unhindered performance of various activities, meetings, sport, socializing and entertainment, etc. The primary function of street lighting provides the minimum required value of lighting, uniform illumination and glare reduction headlights. If we want to revive some space, modern solution represent quality white sources light effect similar to natural sunlight, such as metal halide or compact fluorescent LED lamps and light emitting diodes with creative design through a variety of available colors, compact size and flexible modules. The costs of lighting include the costs of construction, operation, maintenance and decoration objects, the cost of electricity for lighting of public areas and streets passing through the city. Eco lighting luminaries are those that satisfy following conditions: reduced power consumption compared to conventional and accordingly reduced GHG and other harmful gases, appropriate design and mounting of light source. Polluting luminaries are designed to emit light in virtually all directions, and the utilization of the light emitted by the facts regarding the desired surface is only 10-30%. In contrast, environmental lighting fixtures are completely overshadowed (full cutoff) and have the ability to control light emission which does not allow dissipation

48 light in the environment. Such luminaries on the lower side have flat glass, or even cheaper are without glass.

Fig. 35. Use of full cutoff lighting fixtures for the reduction of light pollution Opponents argue that LED lighting has subtle shift of light and shadow also denying the effectiveness of the new system, but the reduction of electricity by 75 percent is enough argument. 10-year warranty LED lighting also reduces maintenance costs from 11 to 1.5 million per year.

Fig. 36. Zagreb LED public lighting However, the benefits of LED lights are not only of a financial nature. Specifically, in the new lamps could be implemented surveillance cameras and devices for measuring air quality and also, it can not be escaped the impression, that it was a modern street lighting, more than other infrastructure, one of the most important indicators of an arrangement of space, bouncing urban over rural, by rising metropolis over the city. 5.4. Regulation of public lighting All the roads and sidewalks of the city do not require the same level of illumination during the night. By implementing of lighting control system it is possible to optimize public lighting according to variable demands of time and space.

• It is possible late at night to reduce the brightness level roads. This simple two-step road regulation (so-called half night regime) allows savings of 20% energy • Using sophisticated control system such as tone frequency network lighting control with the use of electronic ballasts to lamps or light bulbs, it is possible to achieve savings in operation up to 50% (depending on needs) • It is recommended to use electronic ballasts instead of magnetic in relation to the effectiveness of damping circuits and extension the lifetime of the bulb Designing lighting shall be in accordance with the standards and with the application of EU standards in the field of public (street) lighting (EN 13201, UNI 10819). When designing it is essential to determine, among other things, the location of poles (steps of lighting), the orientation of lamps due to their light-technical characteristics, taking into account all quality criteria.

ecologically designed luminary Polluting designed luminary

Classic energy-inefficient luminary New energy-efficient luminary

Fig. 37. Street lighting

5.5. Spatial information management for local government City of Zagreb The challenge facing local government is not whether to use spatial data, but how best use them to enhance community services. The level of integration of spatial information into the daily operations of local government is increasing. Crucially, as local government’s use of spatial information increases, so does its requirement to understand the ways spatial systems integrate with other information systems and link to the overall direction for improvement in council services to the community. However, the development, implementation and integration spatial information standards should not be divorced from the operational imperatives of local government or the needs of the community at large. Formation and management of the Utility Cadastre in Croatia is responsibility of the local government bodies and contains data about type, purpose, basic technical features, the location of built utility lines, and in lists the names and addresses of their managers. In the Zagreb City Office for Cadastre and Geodetic activities, in 2005th is implemented the VodGIS – a geoinformation system for utility cadastre data management. The VodGIS system is based on the GE Smallworld Core Spatial Technology and our own Base Map Data, available from following sources: Digital Cadastral Map (DCM), Spatial Units Register, and Digital Street map with house numbers. Realization of VodGIS system includes also establishment of daily business processes and production environment for collecting data in the entire jurisdiction area of the City of Zagreb. The data model of this cadastre is made in accordance with applicable regulations that require what kind of lines, associated facilities and basic technical records about characteristics of the lines it must contain. The complexity, diversity and dynamism of underground objects in the real world in VodGIS system is modeled by type of lines into the following groups: Elektrodistribution, TELECOMUNICATIONS, Public and traffic lighting, GAS, WATER, SEWERAGE, hot water, steam line, LIQUID FUELS, Other Great importance is given to quality of spatial data, so data of the original measurements is taken from existing Utility Cadastre records. If the data is downloaded from other sources, method of survey, elevation accuracy and its origin are known for each entered line.

Fig. 38. Snapshot of VodGIS main working screen – showing existing position of poles and electricity distribution lines In addition to accurate positional occupancy, the 3D physical occupancy of lines is also known. Connection with data from Land cadastre, Spatial units register database, Digital ortophoto and Croatian base map, offer positioning, spatial querying and parallel viewing. As Base Map frequently are using Utility Technical Maps (UTM) as georeferenced raster from external database. This combination of vector data and raster data is using for visualization on areas where all the data is not yet entered into database objects. There are 1436 UTM maps at a scale of 1:500, 257 UTM maps at a scale of 1:1000, and 25 UTM maps at a scale of 1:2000 and all were formed only on urbanized areas of the city with a large concentration of lines submitted. All existing UTM maps are scanned, georeferenced and archived. For automation digital entry the tools and procedures of review and importing data into the VodGIS database are used. Standard template is developed for exchange digital vector data. VodGIS Web, easy-to-use browser application, offers efficient enterprise access to geospatial and asset data via Intranet or Internet representing complete up-to-date database. 5.6. VodGIS data store structure for public lighting VodGIS data is according to the data type physically placed in six separate data stores, but acting like it is part of a single database. Each data store has its own version management data system.

Data stores are: ds_admin, ds_case - authorization data, data model and styles ds_gis - contain all of utility cadastre records ds_cadastre - contain Base Map data ds_raster - division of the network sheets data and raster maps, ds_upisnik - business process data, geodetic projects as geodetic jobs

Fig. 39. VodGIS – predefined styles for the object class Pole Generally relational links between objects (only a few is connected) is not designed. The relationship between objects is realized only by spatial connection and topology. The geometry of the database object is just one of the attributes. Objects can have more than one geometry and attributes. Each object of ds_gis data store must contain at least one geometry. The attributes can be modeled as required (Mandatory), predefined attributes (Enumerations), or as Function (program listing date, job title, employee). Some objects are complex geometric attributes associated with multiple geometries that do not need all to enter. Second geometry of object is e.g. generated automatically. Description of object classes and VodGIS objects entry rules are described in a dynamic knowledge base intended for users who enter the data, and in help guide available to everyone for insertion technique and basic VodGIS information. Configuration of the data display consists of defining by theme: style of presentation, visibility of objects, selected coordinate system, georeferencing, transformation, selecting text fonts.

Fig. 40. VodGIS – predefined styles for the object class Lighting site (luminary) 5.7. Column property, place setting, management and service Street poles apart luminaries can be placed as telecommunications or electricity distribution carriers. Moreover onto the lighting pole, besides luminary can be set traffic light or some other traffic regulation sign. Street lighting can be also hung above the street or placed on a wall of surrounding buildings. All that combinations of street lighting installation depend on position of lighting object in public space and must include attributing of columns, luminaries as well as the type of lines that indicates belonging to (ownership of) line manager. As a model of real world Utility Cadastre is modeled accordingly. The applicable regulation also requires that for any utility line or object must indicate who is it manager. By the function VodGIS system is organized as following user groups: VodGIS Standard users - authorized to enter data VodGIS Raster group - authorized to enter only raster data VodGIS Plotting group - authorized to plot, print, export data VodGIS Administrators - datastore administrators VodGIS Business process admins - business process data administrators, specialists VodGIS Web browser users - authorized for accessing a web application New groups for public lighting management and for viewing will be formed as VodGIS standard users.

Fig. 41. VodGIS – presentation of Poles and Lighting sites (luminary) 5.8. Conclusions Basic recommendations for effective public lighting and dynamic savings are: − Use efficient light sources (Advanced Technology) − Use efficient lighting (light pollution) − designing and regulation lighting in accordance with the standards − effective management − monitoring costs and consumption of public lighting (Surveying lamps, select the tariff model) − regular maintenance Important demand is to establish a database that contains all the techno- economic parameters as well as spatial locations of poles (position of columns) as register of public lighting. Such a register should contain a list of streets, a list of measurement points, a list of columns, switching condition, list of events, monthly expenses and consumption. Establishment of such database, control spending, reduces costs of maintenance and allows facilitates planning for future needs and for expansion lighting system. It is also necessary to monitor the cost and energy consumption parameters, a possible tariff model changes and react due changes in the market (e.g., eligible customers, changes in tariff item, etc.). Substantial segment of the project implementation is high quality data and up to date spatial information. Quality assessment of entered data is accomplished automatically by the method of attributing objects already when inserting objects into the database. Topological model of the GIS system reduce the time required for entry and editing, increase the precision, accuracy and consistency of database objects. The spatial queries, integrated statistics functionality for the selected objects or covered area, allow visualization and efficient spatial data control. Associated spatial data about public lightning objects delivers efficient monitoring and statistical reports for specific area, spatial queries and calculations. Utility Cadastre mamagement with up to date positional data and customized business applications include review of utility data, data validation, importing data into the database, data preservation and use, fast searching and positioning across entire jurisdiction area of the City of Zagreb.

6. SPATIAL DATA INFRASTRUCTURE IN SELECTED COUNTRIES In order to better common European policy through the implementation of tasks in the field of environmental protection, agriculture, transport and energy, the European Union recognized the need to create a suitably wide access to information on the environment, particularly for spatial information in all the countries of the Community. For this purpose, the European Parliament and the Council adopted 14 March 2007 Directive establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) (hereinafter referred as the INSPIRE Directive). This initiative aims to provide access to spatial data to each member of the European Union. In order to minimize the problems faced the public bodies related to acquisition, organization, accessibility and especially the quality of spatial data, the INSPIRE Directive presents a solution to improve the “exchange, sharing, access and use of interoperable spatial data and spatial data services at different levels of public authority and in different sectors”. The main objective of the INSPIRE Directive is to create a coherent infrastructure for spatial information for the area of all member states, taking into account the diversity of the various regions of the Community. SDI in the Community should be based on existing or designed NSDI in individual countries, which should be adapted to the Community rules. NSDI are created primarily for use by public authorities of the Member States at different levels, but they also serve the needs associated with the acquisition of geographic information of all other infrastructure users. INSPIRE applies to geographical and environmental information that are stored in electronic form by public authorities of the country concerned or on their behalf. Spatial information refer to the areas in which Member State has and/or exercises jurisdictional rights. Spatial information, in accordance with the Directive, should be included in the national 'geoportals', are listed in Annexes I, II and III of the Directive 2007/2/EC. The Annex I sets out the basic spatial data, such as administrative boundaries, geographic names, cadastral parcels, hydrography and transport networks. However, in Annexes II and III are specific data on, inter alia, orthoimages, geology, soil use, human health and safety, environmental monitoring facilities, and distribution of public service or industrial facilities. Spatial information listed in the Annexes to Directive INSPIRE information are mandatory for NSDI in all Member States. NSDI of the Member States can be enhanced with additional thematic sections or modules of spatial information. The article 11 paragraph 1 of the INSPIRE Directive indicates that all member States shall establish and operate a network of the following services for the spatial data sets and services for which metadata have been created in accordance with this Directive: − discovery services making it possible to search for spatial data sets and services on the basis of the content of the corresponding metadata and to display the content of the metadata; − view services making it possible, as a minimum, to display, navigate, zoom in/out, pan, or overlay viewable spatial data sets and to display legend information and any relevant content of metadata; − download services, enabling copies of spatial data sets, or parts of such sets, to be downloaded and, where practicable, accessed directly; − transformation services, enabling spatial data sets to be transformed with a view to achieving interoperability; − services allowing spatial data services to be invoked.

On the basis of the INSPIRE directive all EU Member States have given to the use networking sites that allow searching, viewing and downloading spatial information. All these services are available through the INSPIRE portal, which is connected with the national geoportals of EU countries. The activity of INSPIRE is coordinated at Community level by the European Commission and at national levels by the appropriate structure designated by the authorities of the states. Member States should share the data collected and allow public authorities to access them, their exchange and use for public tasks that affect the environment. Access to data may be payable except in cases where access needs to provide the information in connection with the reporting legislative bodies. Access can also be limited due to the proper functioning of the justice, national defense or international relations. In the SDI is the key concept of interoperability. Interoperability means the possibility for spatial data sets to be combined, and for services to interact, without repetitive manual intervention, in such a way that the result is coherent and the added value of the data sets and services is enhanced (INSPIRE Directive, 2007). In order to ensure interoperability of spatial information in the NSDI in all member states, the European Commission introduced the European Interoperability Framework (EIF, 2011). The EIF as part of the Digital Agenda for Europe (http://ec.europa.eu/information_society/digital-agenda/index_en.htm, access 03.07.2014), one of the seven flagship initiatives in the Europe 2020 Strategy for smart, sustainable and inclusive economic growth, the European Commission has adopted the Communication ‘Towards interoperability for European public services’ (http://ec.europa.eu/isa/documents/isa_iop_communication_en.pdf, access 03.07.2014), which aims to establish a common approach to effective interoperability among European public administrations. The European Interoperability Framework (EIF), an annex to the Communication, provides guidance to European public administrations about the design of European public services. The EIF contains 25 recommendations for public administrations. The EIF is one of a series of interoperability initiatives supporting the establishment of European public services. The relationship between these initiatives is illustrated on Fig. 42.

Fig. 42. Interoperability initiatives supporting the establishment of European public services. Source: http://ec.europa.eu/isa/documents/isa_annex_ii_eif_en.pdf (access 3.07.2014)

6.1. Methodology One of the main objectives of this study is to assess the functioning of three selected websites included in the NSDI of European Union member countries in the context of the recommendations of the Inspire Directive and guidelines of European Interoperability Framework. The analysis covered the organizational and technical geoportals action area. The authors analyzed three European Union member states geoportals: − Geoportal.gov.pl (Poland) − Geoportal.sk (Slovakia) − Kademo.nl (Netherlands) The choice of these geoportals was not accidental. The Netherlands has one of the most developed cadastral systems in Europe. There exists one single land registry and cadastre. The following attributes are included in the data model for all spatial features (Cadastral Template http://www.fig.net/cadastraltemplate/countrydata/nl.htm access 14.07.2014r.): − object_id a nation-wide unique feature identifier for all objects represented in the database, − classif classification code of the object, e.g. parcel boundary, parcel identifier, road (type), water, etc., − location (of data type point) or shape is of data type line(50), a polyline up to 50 points, representing the cadastral boundaries, stored in a variable length way in the (object)/relational database, − sel_code a selection code which indicates to which type(s) a geographic object belongs, e.g. cadastral data and/or large scale topographic data, − source of data, which is a reference to the field documents and files from total stations, or to the id of the photogrammetric project for large scale topographic mapping, etc, − quality which is the mode of data collection, e.g. terrestrial, photogrammetric and includes an accuracy code which denotes the deviation from the 'true' position, − vis_code visibility code to classify less visible objects during photogrammetric data collection, e.g. because of trees, − l_area official legal area, which is included in the official legal documents or deeds describing the transaction, in general this area is not equal to calculated area from the spatial cadastral boundary data; this attribute is introduced only for the parcel table. Databases are centralized, with decentralized information management, and excellent facilities for e-access. Especially for the easy internet-access, the Agency was awarded the European e-Award 2006. In addition, the Netherlands is one of the six founding countries of the European Union and belongs to the group of rich countries of Western Europe. For comparison, the development of geoportals due to state conditions (financial, political, membership in the European Union) selected two countries from Central Europe. Poland and Slovakia are the countries with a relatively short duration of membership in the European Union. Both countries joined the European Community at the same time, May 1, 2004, which gives the opportunity to compare the development of the NSDI in countries with similar growth potential. The aim of the study is to compare the thematic resources, available services, tools and skills to use the NSDI of the EU founding country and of two Member States, which have a much shorter duration of membership in the Community.

The methodology of the study has been presented in the diagram Fig.43

Choice of research , Determination of the key objects examination procedure

Description of the Choice of research objects tools

Dynamic comparative analysis

Inference

Fig. 43. The scope of research Source: Dawidowicz A. Analysis of the geoportals functioning in organizational terms included the identification of the responsible authorities in the countries for the implementation of the INSPIRE Directive at national level. Examination of the geoportals technical conditions was more complex. The basic assumption in the research part was an evaluation of NSDI from the point of view an ordinary user. Have been taken into account the general range of thematic data and metadata provided by portals, available tools, and services related to the use of these data. In view of the variety of solutions offered by individual countries in terms of geoportals and increasingly larger needs of citizens in the use of these data, were also examined possible services offered by the analyzed portals in the range of personalization. Particular attention was paid to the possibility of creating a user account on the site and the ability to customize the tool palette to suit user needs. Due to the constantly evolving branch services designed for mobile devices, the assessment also included the ability to download applications from the geoportals to mobile devices. Basic information on NSDI in Poland, the Netherlands and Slovakia To be able to compare the development of NSDI on concrete examples should analyze the current legal and socio - economic conditions in selected countries. The legal situation and the socio - economic conditions are decisive factors for the development of the national spatial data infrastructures. Comparison of legal, economic and organizational conditions in selected countries are presented in tabular version (Table 5 and 6).

Table 5. Political and socio-economic situation Poland Netherlands Slovakia General location and Europe/ 312 679 sq Europe/ 41 526 sq Europe/ 49 035 sq area km km km Republic with Parliamentary Parliamentary parliamentary- Republic monarchy Government cabinet system (Constitution of 2 (Constitution of 28 (Constitution of 1 April 1997) March 1814) September 1992) Gross domestic product / USD Billion Dollars (International 516,1 800,0 817,4 Monetary Fund, 2013) Gross domestic product per inhabitant/ USD 13 394 47 634 21 214 (International Monetary Fund, 2013) Source: Bugaj P., Krukowska K., Dawidowicz A.

Table 6. National Spatial Data Infrastructure - basic information Poland Netherlands Slovakia Name of system Geoportal 2 PDOK (Publieke Geoportál (continuation of the Dienstverlening Op project de Kaart),Kadaster Geoportal.gov.pl ) Kademo Lab Date of the begining [Geoportal.gov.pl Plan of Action. The Action Plan 2006, the construction start - 2005 (finish document (VALIŠ, MIČIETOVÁ NSDI (System 2008), 2007(Geonovum, 2006 ) startup) 2007), (Grus et all Geoportal 2 start - 2007) (Dukaczewski, Bielecka, 2009 ] 2009) The date of the begining the monitoring of the 2009 2009 2009 INSPIRE Directive implementation Legislation Act of 4 March 2010 National vision and Act No. 3/2010 Coll. on on spatial implementation National Infrastructure information strategy for geo - for Spatial Information infrastructure OJ information (NISPI) 2010 No. 76, item. (GIDEON) 2 – approved 2.12.2009 489 and entered into force 1.2.20103 Ministry/ Ministry of Ministry of Housing, Ministry of Environment organization Administration and Spatial Planning of the Slovak Republic6 supervising NSDI Digitization4 and the Environment5

Organization Główny Urząd Geonovum - Ministerstvu životného - responsible for Geodezji i Kartografii NSDI executive Národného kontaktného maintaining system committee7 bodu and Slovenská at the country level (Head Office of agentúra životného Geodesy and Cartography) (The National Focal Point Ministry of Environment and the Slovak Environment Agency8) Source: Bugaj P., Krukowska K., Dawidowicz A Full image of subject requires the presentation of geoportals interfaces adopted for the evaluation. In order pictures 44 and 45 show the Polish geoportal interface and maps tab, then the images 46,47,48 Dutch SDI and 49,50 Slovak geoportal.

2 http://www.spatialist.be/statgen/pdf/EuroSDR/Atlas_Inspire_TheNetherlands.pdf (access: 25.03.2014) 3 http://inspire.ec.europa.eu/events/conferences/inspire_2012/presentations/134.pdf (access: 25.03.2014) 4 Act of 4 March 2010 on spatial information infrastructure OJ 2010 No. 76, item. 489 (In Polish: Ustawa z dnia 4 marca 2010 r. o infrastrukturze informacji przestrzennej Dz.U. 2010 nr 76 poz. 489) 5 http://www.spatialist.be/statgen/pdf/EuroSDR/Atlas_Inspire_TheNetherlands.pdf (access: 25.03.2014) 6 http://www.geoportal.sk/sk/inspire/ (access: 25.03.2014) 7 http://www.spatialist.be/statgen/pdf/EuroSDR/Atlas_Inspire_TheNetherlands.pdf (access: 25.03.2014) 8 http://www.geoportal.sk/sk/inspire/ (access: 25.03.2014) 61

Fig. 44. Interface of Polish geoportal Source: http://geoportal.gov.pl/ (access 17.07.2014)

Fig. 45. Polish map service. Source: http://mapy.geoportal.gov.pl/imap/?gpmap=gp0&actions=acShowServices_KATASTER&locale=en (access 17.07.2014)

Fig. 46. Interface of Dutch geoportal Source: https://www.pdok.nl/en/node (access 17.07.2014)

Fig. 47. PDOK (Publieke Dienstverlening Op de Kaart), the Dutch map service. Source: http://pdokviewer.pdok.nl/index.html (access 17.07.2014)

Fig. 48. Visualization of cadastral data in Kademo-Lab. Source: http://pdokviewer.pdok.nl/index.html (access 17.07.2014)

Fig. 49. Interface of Slovak geoportal Source: http://www.geoportal.sk/en/geoportal.html (access 17.07.2014)

Fig. 50. Slovak map service. Source: https://zbgis.skgeodesy.sk/tkgis/default.aspx (access 17.07.2014) 6.2. Assessment of the NSDI To assess national geoportals adopted specific determinants. The intention of the authors was to identify differences without determining the weight of each attribute. Testing took place on 31 March 2014. The test results are presented in Table 7. An "X" indicates that a a factor present in the geoportal, while "-'' means the absence of the desired item.

Table 7. Functionality of selected geoportals Type of geoportal Poland Netherlands Slovakia Attributes Sectoral module X - - INSPIRE module X X X Statistical module X - - Data from EuroBoundaryMap X - - State Register of Geographical Names X X X

The cadastral data X X X Surface relief X X X General Geographic Database X X X Content Vector map X X X The database of topographic objects X X X Thematic maps X - X Scans of topographic maps X X X Orthophotomap X X X Data on basic control networks X X X Adjust the map to the selected area X X X Adjust the map to the selected selection - - X The form of data presentation [2D / 3D 2D 2D 2D Thumbnail / Image preview X - X Panel of layers X X X Legend X X X Back / Back to the start page X X X Retry X X - Zoom / Zoom to selected area X X X Tools Zoom to selected object X - X Inserting a class ranges X - - Reduction X X X Moving the map cursor X X X Moving the map by clicking on the frame X - - Centering X X X Removal of selection X - X Selection X - X Ruler - measure the distance X X X Adding text characters - X - Measurement of surface X X X Showing the coordinates of the cursor X X X Showing the coordinates of map coverage X X - Clean the measurements X - X

Services Information about specially selected object X - X The choice of scale X - - Search by name X X X Search by keyword - - X

Search by parcel number X X X Search by a number of real estate X - X

Search by address X X X Search by administrative unit X X X Select a different coordinate system - - X Metadata browser X X X Enter metadata X X X Edit metadata X - X Save the image X - X Print setting - - X Print - - X Export Data - X X Create a Link X - - Send by mail - - X Buying a map - - X Selecting a different language X - X The ability to log on to the website X - X Customizing the Tool Palette X X X Colouring X - - Availability of applications on mobile devices X X - Personalization

Source: Bugaj P., Krukowska K.

25 22

20 17 15 content 15 14 13 12 11 tools 10 10 10 services 5 5 3 personalization 2 0 Poland Netherlands Slovakia

Fig. 51. The functionality rating of the national geoportals. Source: Bugaj P., Krukowska K. 6.3. Evaluation of geoportals work efficiency Another element of the comparative analysis was to examine the functional efficiency of the national geoportals. For this purpose, for a period of five days, from 31 March to 4 April 2014 was measured speed of websites loading. Measurements of the speed of geoportals websites loading made under steady hours. The time intervals adopted for the measurement does not need to take into account changes in time due to the geographical location of the countries in different time zones. The Netherlands, Poland and Slovakia are in the same Central European Time Zone. The time 12:00 pm was chosen because at this time of work bodies of the public administration, which, according to the INSPIRE Directive are the main users of the SDI in Europe. However, browsing and searching the data in SDI is available free of charge to all users of the infrastructure. For this reason, measurements of the speed of loading geoportals

websites was conducted additionally at 20:00. At this time the main geoportals users are almost exclusively private individuals. The aim of the measurements was to examine the efficiency of the selected websites. Analyzed portals was run by middle-class hardware, using a popular web browser. All measurements were performed under the same conditions, used a permanent Internet connection with download speeds of 8 Mb / s and upload speeds of 1 Mb / s The results of the measurements are presented in Table 8 and Fig 52. Table 8. List of the rate measurements data loading in the geoportals

Spatial data loading speed after starting page of the geoportal [s] Type of national geoportal 31.03.2014 1.04.2014 2.04.2015 3.04.2016 4.04.2017 Average 12:00 20:00 12:00 20:00 12:00 20:00 12:00 20:00 12:00 20:00 12:00 20:00 total Poland 8,2 5,8 9,3 6,1 7,3 5,4 7,3 5,6 9,5 6,2 8,3 5,8 7,1 Netherlands 2,1 1,8 2,1 1,4 1,9 1,3 2,2 1,7 2,5 1,7 2,2 1,6 1,9 Slovakia 23,4 14,5 18,1 12,4 21,3 13,1 19,6 13,6 15,7 13,1 19,6 13,4 16,5

Source: Bugaj P., Krukowska K.

Fig. 52. List of measurements of the speed resource loading in selected geoportals. Source: Bugaj P., Krukowska K. The results of the measurements clearly indicate that a decisive influence on the speed of the national geoportals websites loading have a time of day the services usage. As shown in Table 4, the long wait was much longer at 12:00 compared to 20:00. This is probably due to the fact that at 12:00 geoportals benefit of public authorities. About 20:00 the loading time of web pages was significantly shorter in all examined sites. The average loading time of each geoportals was shorter at 20:00 compared to 12:00 - in the Netherlands by 0.6 seconds, in Poland by 2.5 seconds. In Slovakia, the difference was greatest and was 6.5 sec. Comparing the average time it takes to load the geoportals websites the most preferably is the Netherlands situation. All waiting time from the approval of geoportal address in the web browser up to the total loading of all data is on average 1.9 sec. Compared to other examined geoportals it is a very good result. In the countries of Central Europe the time is much longer. In Poland, it is approximately 7 seconds and it

is a relatively short the time, since Slovak geoportal to fully loading and running thematic data needs about 16.5 seconds. Differences in time to the geoportals websites loading between the selected countries may be due to the quality of the servers, which is dependent on the financial capacity of countries (investments on the development of SDI). Therefore particular importance in this case have the financial resources for new technologies - specific software and hardware, especially web servers, which are responsible for the speed of response to queries sent by the service client. In parallel with the test of geoportals web pages loading was conducted the study of errors of these three selected sites. For an emergency situation was considered the following cases: − failure to geoportal content loading while trying to connect to the service, which led to the browser display the message "Unable to connect"; − receiving a return message from HTTP response code: 500 - Internal Server Error. This error indicates an internal server error, which has encountered unexpected difficulties not allow to complete request. During the five-day testing the efficiency of the national geoportals, several times encountered problems using the networking sites. Information on the occurr ence of emergency situations are presented in Table 9. The "X" indicates the date and time of occurrence of the problems associated with the proper geoportal running. In view of the fact that the failure study was conducted at the same time as the test the speed of the geoportals contents loading recorded emergency situations are situations that occurred during the first attempt to connect to the geoportal. An empty cell indicates a proper connection to the desired service at the first attempt. Table 9. List of websites emergency situations

Emergency situations during testing of geoportals Type of national 31.03.2014 1.04.2014 2.04.2015 3.04.2016 4.04.2017 Total geoportal 12:00 20:00 12:00 20:00 12:00 20:00 12:00 20:00 12:00 20:00 12:00 20:00 total Poland X X 2 - 2

Netherlands X 1 - 1

Slowakia X X X 2 1 3

Source: Bugaj P., Krukowska K. During the measurements to examine the efficiency of the geoportals from the perspective of a private user have been reported including 6 situation, which according to accepted criteria considered an emergency. Most of the problems with the correct using the networking sites occurred while trying to run Slovak Geoportal. During the next five days were recorded three problem situations, 2 of which occurred at 12 noon and one at 8 pm. During the trials of connecting with Polish geoportal were two emergency situations. The least emergency service was the Dutch service. There has been only one emergency situation during the first attempt to connect to the portal. The problems with the correct connection to specific geoportal in the early hours can result from many portal customers, which also had a large impact on the speed of the spatial data loading in the selected sites. Too many users may overload the servers and cause problems with the connection. While in the evening there was only one failure. It was while trying to connection with the Slovak geoportal.

6.4. Implementation of the INSPIRE Directive Annexes I, II and III in selected NSDI COMMISSION DECISION of 5 June 2009 implementing Directive INSPIRE 9 2007/2/EC of the European Parliament and of the Council as regards monitoring and reporting (2009/442/EC) has imposed on Member States the obligation to monitor the implementation and use through the SDI thematic thematic data specified in three annexes of the INSPIRE Directive. At the beginning of each year, authorities in each country fill out forms for monitoring the implementation of data, complementing them with appropriate indicators. The same decision imposes on the authorities the obligation to prepare reports on the work of the implementation of the Directive provisions starting from 2010, every three years. For the mandatory content of the report should the work coordination structure, contracts for the exchange of spatial data between the relevant structures, the costs incurred and reported benefits from the implementation of the following provisions of the INSPIRE Directive. On the basis of available reports to monitoring implementation of the INSPIRE Directive for the year 2012 was prepared list of geoportals implementation indicators for selected countries of the European Union. The list shows the extent to which a country has implemented spatial data, metadata, and services listed in the Annexes to INSPIRE Directive and the extent to which they are interoperable and consistent with those guidelines. The list of indicators presented in Table 10. Three geoportals taken to test reached a similar level of data and metadata implementation from Annexes I, II and III of the INSPIRE Directive. The differences appear in the offered services. And in this case, the best achievements has the Netherlands. Poland and Slovakia represent a similar level. 6.5. Conclusions Collected and analyzed information led to the following conclusions: 1) Three countries (Poland, the Netherlands and Slovakia) have undertaken the creation of a National Infrastructures for Spatial Information in accordance with the INSPIRE Directive. 2) The level of development of SDI is different in these three countries. 3) The level of development of the SDI does not depend on the time of accession to the European Union, but of the state wealth level

9 http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2009:148:0018:0026:EN:PDF 70

Table 10. Implementation indicators of data, metadata and services according to annexes of the INSPIRE Directive

Metadata Data Sets Services MD DS Existence Compliance Extend Compliance Use Compliance Accesibility Accesibility Poland Indicator All Name MDi1 MDi2 DSi1 DSi2 NSi1 NSi2 NSi3 NSi4 Annexes Indicator Value 66,14% 32,28% 91,26% 6,15% 62,99% 21,54% 0 88,71% Name MDi1.1 MDi2.1 DSi1.1 DSi2.1 Annex I

Value 95,45% 81,82% 89,18% 18,18%

Name MDi1.2 MDi2.2 DSi1.2 DSi2.2 Annex II

Value 89,47% 21,05% 92,91% 0,00%

Name MDi1.3 MDi2.3 DSi1.3 DSi2.3 Annex III

Value 79,17% 33,33% 91,91% 0,00% Netherlands Indicator All Name MDi1 MDi2 DSi1 DSi2 NSi1 NSi2 NSi3 NSi4 Annexes Indicator Value 70,75% 41,98% 99,49% 3,66% 56,13% 18,29% 18938 100,00% Name MDi1.1 MDi2.1 DSi1.1 DSi2.1 Annex I

Value 100,00% 100,00% 100,00% 13,33%

Name MDi1.2 MDi2.2 DSi1.2 DSi2.2 Annex II

Value 100,00% 100,00% 92,07% 0,00%

Name MDi1.3 MDi2.3 DSi1.3 DSi2.3 Annex III

Value 79,17% 33,33% 91,91% 0,00% Slovakia Indicator All Name MDi1 MDi2 DSi1 DSi2 NSi1 NSi2 NSi3 NSi4 Annexes Indicator Value 93,33% 90,26% 99,41% 9,74% 77,95% 7,18% 1299 68,57% Name MDi1.1 MDi2.1 DSi1.1 DSi2.1 Annex I

Value 80,00% 80,00% 100,00% 25,33%

Name MDi1.2 MDi2.2 DSi1.2 DSi2.2 Annex II

Value 98,73% 98,73% 100,00% 0,00%

Name MDi1.3 MDi2.3 DSi1.3 DSi2.3 Annex III Value 29,27% 17,07% 82,03% 0,00% Abbreviations: MDi1 – Metadata Existence, Mdi2 – Metadata Compliance DSi 1 – Data Sets Extend DSi 2 – Data Sets Compliance NSi1 – Services MD Accesibility NSi2 – Services DS Accesibility NSi3 – Services Use NSi4 – Services Compliance Source: own study on http://inspire.ec.europa.eu/index.cfm/pageid/182/list/maptwo/y/2013/sel/2 (access: 20.04.2014 r.)

7. LIABILITY IN THE USE OF GIS IN US LAW SHALL POLAND LEARN FROM THE EXPERIENCED PLAYERS? The profound role of spatial information is beyond doubt. It has already been pointed out many times that an average citizen would find it hard to maintain his daily routine without reaching for spatial information. It doesn’t matter whether he consciously reaches for spatial information or only uses it unknowingly. Indeed, one should note that the scope of geo-data, used by an average user, grows every year along with his rising awareness of the importance of this sort of data. Surveys conducted in Poland in the year 2004, 2006 and 2009 (ADAMCZYK 2007; GAJOS 2009) one after another paint a fine picture of what kind of needs intricate the use of geodata and encounter the change of attitude of geoinformation users over these years. At the same time, it has been noticed “many people are not aware of the presence of GIS in their daily lives […]. Air traffic controllers, for example, rely on GIS data to direct aircraft safely through the sky. United Parcel Service tracks packages from the points of origin to the destinations using global positioning system (GPS) satellites; this is an application of GIS technology” (PHILLIPS 1999). No matter what the needs are (or yet are to become), it is plain to see that they evaluate rapidly and significantly enough to catch a glimpse of how they trigger the geoinformation society phenomena. The aforementioned term, of “Geo-information Society”, has been coined by J. Gaździcki, who by this notion denotes a citizenry which largely uses the geoinformation accessed by generally available services of geoinformation infrastructure (JANKOWSKA, PAWEŁCZYK 2014). The basic legal act on the European continent referring to aspects of using and accessing spatial information so far is the Directive 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE), which entered into force on the 15th of May in 2007.10 The Directive addresses 34 spatial data themes essential for environmental applications. The INSPIRE Directive by all means has served as a good trigger for many institutions to start opening their datasets and sharing them with others, both with institutions and private persons (CETL, TÓTH, ABRAMIĆ & SMITS 2013). However it is not a commonly known fact that the idea of updating, coordinating and making geographic data available was developed a long time ago in the United States and seems to be 100 years old (ROBINSON 2008). It has been observed that, if it hadn’t been for the technical shortcomings the geographic databases, it would have been launched in US decades ago. Ones of first to understand the potential of geographical information was President Theodore Roosevelt who, as early as in 1906, signed the Executive Order creating the U.S. Geographic Board and President Woodrow Wilson who, in 1919, signed the Executive Order establishing the Board of Surveys and Maps (ROBINSON 2008). It is important to note that the United States, with an astonishingly well- established jurisprudence in that regard, seems to be one of first countries to understand the potential and the threat – at the same time – of the geographical data. In the US legal issues surrounding the consequences of using spatial data seem to spark much more attention than on the European ground. The increase in the number of GI related cases that came on for trial before the courts in US must have driven the necessity for deeper analysis of law regarding GIS. Conclusions that have been made before US courts may be a good point of departure to shed some more light on the liability issues of GI under US and Polish law. Given the immense differences between the common law and civil law doctrines, a glimpse on the liability issues from a civil law country perspective is especially worthwhile.

10 Official Journal of the European Union, L 108, 25 April 2007. 72

7.1. American state of play The US case law reveals that liability issues surrounding GI are many and complex. For this reason this paper, in this part, takes a deeper insight into the findings of facts and conclusions of laws that have been made in most distinct legal cases related to the wrong use of charts or to the use of erroneous charts. This paper presents the overview of some of these cases from the liability angle and takes a chance on determining what kind of legal aspects we are to face in the coming future in Europe. 7.1.1. Murray v. United States11 – the inaccurate data on the map The case came on for trial before the court on May 4th, 1971 and regarded the air crash of a plane, Cessna 206, carrying the pilot and two passengers on board. The accident happened on the 8th of November in 1969 after the plane had arrived at the Bryce Canyon Utah Airport at night and there had been no runway lights on. The United States of America was the defendant because the agency the Federal Aviation Administration was the operator of the government Flight Service Station at the airport. In this case it has been concluded that this is the elementary knowledge of all airmen recognized in many government publications and acknowledged as a customary practice that a night pilot either without the radio or with a radio that has gone dead shall in the event of approaching the airport, which the runway lights are not on, circle the field in order to get those lights turned on. One of the witnesses testified, before the court, that the plane had been seen circling the field and blinking its landing lights prior to the crash. The court referred also to maps and information concerning airports available at the time of the accident. According to the U.S. Government Flight Information Publication “Enroute Low Attitude U.S.”, in effect on that date, the airport had a Flight Service Station and it had runway lights available at night. The legend of the map indicated that “L” with an asterisk meant such runway lighting was available on prior request. At the same time, the information given for the mentioned airport was a plain “L” with no asterisk. Also, according to another government-published aeronautical map, that was in effect at that time as well, the information given without asterisk indicated that the runway lights were on from sunset to sunrise or could be obtained by request, either by radio or by circling the field. It has been proven that the FAA Facility Management Manual puts an obligation on the facility chef of the FAA Flight Service Station to review and update data given for his facility on aeronautical maps as well as to put effort keep the information “accurate, complete and current”. Therefore, the court concluded that “the defendant United States of America had a duty, in connection with its publication and dissemination of aeronautical charts and airport directory information, to truly and accurately represent the runway lighting available at Bryce Canyon, Utah, and the circumstances under which those lights would be on or would be turned on at night. The defendant United States of America negligently published and disseminated certain aeronautical charts and other information which falsely indicated that either the runway lighting at Bryce Canyon was available throughout the night without request or that it was available to a night-flying pilot who circled the field as a means of requesting such lighting. Such negligence on the part of the United States of America in publishing and disseminating false aeronautical information regarding the available runway lighting at Bryce Canyon, Utah was also a proximate cause of the subject air crash, and the ensuing deaths of the pilot and the two passengers”.12 The court found that the accident gave rise to the governmental tort liability under Federal Tort Claims Act (28 U.S. Code Chapter 171). It shall be noted that

11 Mary Jean MURRAY et al., and Nancy Jeanne M. Droubay et al., Plaintiffs, v. UNITED STATES of America, Defendant, 327 F. Supp. 835 (D. Utah 1971), available at: https://www.courtlistener.com/utd/8qUG/murray-v-united-states/, as of 16 May 2014. 12 Ibidem. 73 pursuant to 28 U.S. Code § 2674 the United States shall be liable, respecting the provisions of this title relating to tort claims, in the same manner and to the same extent as a private individual under like circumstances, but shall not be liable for interest prior to judgement or for punitive damages. If, however, in any case wherein death was caused, the law of the place where the act or omission complained of occurred provides, or has been construed to provide, for damages only punitive in nature, the United States shall be liable for actual or compensatory damages, measured by the pecuniary injuries resulting from such death to the persons respectively, for whose benefit the action was brought, in lieu thereof. At the same time the court examined whether the defendants’ acts of negligence did not arise out of the exercise of any discretionary functions within the meaning of 28 U.S.C. Section 2680 (a) and (h). The section states that the provisions of this chapter […] shall not apply to – Any claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused […] (h) Any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit, or interference with contract rights: Provided, That, with regard to acts or omissions of investigative or law enforcement officers of the United States Government, the provisions of this chapter and section 1346 (b) of this title shall apply to any claim arising, on or after the date of the enactment of this proviso, out of assault, battery, false imprisonment, false arrest, abuse of process, or malicious prosecution. For the purpose of this subsection, “investigative or law enforcement officer” means any officer of the United States who is empowered by law to execute searches, to seize evidence, or to make arrests for violations of Federal law. In that case, as well as in the others cited in this paper, the court did not find the application of these exceptions and found the map provider (in this case the United States of America) solely responsible for the suffered damages. 7.1.2. Reminga v. United States13 – improperly marked data in question on the map The case was brought to court after the accident that happened on November 17th, 1968, when a plane, a Mooney M-20C, single engine, four seat aircraft, crashed after flying into a guy-wire of a tall television broadcasting tower located near Rhinelander, Wisconsin. The light plane carried two men on board. The court found out that only the center part of the television broadcasting tower was lighter, while the guy-wires we neither lighted nor marked. The tower was not standing free, but was supported by guy-wires that extended in three directions from near the top of the 1720 foot tower to anchors approximately one-half mile away from the base of the tower. The court also found that the location of the guy-wire was inaccurately depicted on the 1967 Green Bay Sectional Chart disseminated by the United States Government. The chart depicted the tower as being west of the town of Starks and south of the railroad tracks, but as a matter of fact it was north of Starks and north of the railroad tracks. This fact was of relevance because it is common for pilots flying by visual flight rules (VFR) to use railroad tracks as reference points. As it was proved, the location of the guy-wire on the map was erroneous because the location, given on the map, was the location initially

13 Gertrude REMINGA, Executrix of the Estate of Thomas H. Reminga, Deceased, and Barbara Sue Breeden, Executrix of the Estate of James Robert Breeden, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant, 448 F.Supp. 445 (1978), available at: http://www.leagle.com/decision/1978893448FSupp445_1808.xml/REMINGA%20v.%20UNITED%20STA TES, as of 16 May 2014. 74 planned. The change of the location was objected by the Airline Pilots Association, which wrote that it is extremely hazardous to erect the tower in such close vicinity to railroad trucks. Not going into too much detail it should be noted that the plaintiffs based their claim on five different grounds, among which one of them referred to the erroneous placement of the tower on the chart: (1) The United States was negligent in that it improperly marked the tower in question on the official sectional air map. (2) The government failed to issue a Notice to Airmen (NOTAM) warning pilots of the alleged misplacement. (3) The government improperly granted permission for the construction of this tower. (4) The government failed to issue a NOTAM warning that the tower in question had "unusually long" guy-wires. (5) The Federal Air Administration (FAA) and the Federal Communications Commission (FCC) failed to require proper marking of the television tower. Regarding point (1) it has been noted that not only the 1967 Green Bay Sectional Chart inaccurately depicted the antenna, but the same erroneous data was depicted on the State of Wisconsin Chart published by the Williams and Heintz Map Corporation, which was handed in to occupants of the subject aircraft on the day of the plane crash. Concerning the question of the cause of the accident it has been accepted that the erroneous marking of the tower on the aeronautical map used by pilots constituted a real and foreseeable danger to pilots flying by visual flight rules (VFR). The court as well that the pilot had no knowledge of the location of the antenna, because it has been proved that the pilot was not cognizant of the relative geographical relationship between the town of Sparks and the tower he would not be negligent in flying in the area of the crash The suit was brought under 28 U.S.C. § 1346 (of the Federal Tort Claims Act), which in point (b) (1) reads that subject to the provisions of chapter 171 of this title, the district courts, together with the United States District Court for the District of the Canal Zone and the District Court of the Virgin Islands, shall have exclusive jurisdiction of civil actions on claims against the United States, for money damages, accruing on and after January 1, 1945, for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.14 The court recognized that “the United States has a duty, when publishing and disseminating aeronautical charts, to accurately represent those features it attempts to portray. Where such information is inaccurately and negligently indicated, and such negligence is a proximate cause of plaintiff's injuries, the government is liable for such damages as are caused […]it has been determined that that map was copied from the Governmental Sectional Map for Green Bay, and thus the tower misplacement which it contained was carried over into the state map. Hence the United States Government is directly responsible for any error in the Wisconsin map because of their original and continuing negligence in misplacing the tower on the Sectional Map. The erroneous marking of this tower on the aeronautical maps normally used by pilots constitutes a real danger to pilots flying according to landmarks, and this was especially true in this particular case. It is common knowledge among pilots that light aircraft flying under visual flight rules use landmarks for navigational purposes. Therefore it is certainly foreseeable to the Government that an error in the placement of this tower would constitute a substantial and unreasonable danger to the pilots, such as these decedents, who use the Sectional Map. In summary, the United States Government is found to be

14 Available at: http://www.law.cornell.edu/uscode/text/28/1346, as of 16 May 2014. 75 negligent in its distribution of the Green Bay Sectional Maps containing an error in tower placement as described in the findings of fact […]. Further, I determine that this negligent action resulted in an unreasonable and foreseeable risk to pilots such as decedents, and that this negligent action therefore was a substantial and proximate cause of the accident”. 7.1.3. Aetna Casualty and Surety Company vs. Jeppesen & Company15 – a defect of the graphic depiction of the data on the map The case referred to the accident of a plane that happened on the 15th of November in 1964 when a Bonanza Airlines plane flying from Phoenix, Arizona, crashed in its approach to Las Vegas. The claims arising from the death of the passengers were settled by Bonanza’s insurer, Aetna. Jeppesen produces instrument approach charts aiding pilots in making instrument approaches to airports. The court found that Jeppesen makes its landing charts not only for every commercial airport in the United States, but it also makes navigational charts for every commercial airport in the world, therefore the liability of the map producer is a matter of special concern. The map in question portrayed two views graphically: the “plan” view and the “profile” view. The defect of the map regarded the graphic depiction of the profile which covered a distance of 3 miles from the airport and appeared to be drawn to the same scale as the graphic depiction of the plan, which covered a distance of 15 miles. Aetna’s claim was based on the theory that the crash happened due to pilot’s reliance on the fault in graphics and that there was nonconformity between the data and the information delivered in graphics and in words. Jeppesen disputed this claim by proving that it was customary to draw the profile and the plan view to the same scale and that they have never heard of any pilot complaining about that. The court found that “for every hour of every day there are literally thousands of passengers and crew members of planes which are dependent for their lives upon the Jeppesen charts being accurate in what they purport to represent, being quickly legible and readily comprehensible. The chart here failed in all three respects. The failure of Bonanza to exercise any supervision over the distribution of the charts to, or the receipt by, the pilots, of the many charts (67) contained in Bonanza's Manual of Landing Charts must be considered as a failure on the part of Bonanza to exercise the highest degree of care which it owed not only to the pilots but to the passengers of its planes as well. The evidence was that the custom was for Bonanza to provide a manual of charts but that the corrections and changes and insertions of new ones were sent to the pilots individually from Jeppesen leaving it up to the pilots entirely, not only to examine them carefully before using them, but also to note additions and changes and peculiarities. […] the difficulty in reaching a conclusion is as to comparative fault between Jeppesen and Bonanza, but the Court concludes from all the evidence and testimony that the evidence preponderates to the conclusion that Jeppesen was 80% at fault and Bonanza was 20% at fault”.16

15 AETNA CASUALTY AND SURETY COMPANY, a Connecticut Corporation, et al., Plaintiffs, v. JEPPESEN & COMPANY, a Colorado Corporation, Defendant, 463 F.Supp. 94 (D. Nevada 1978); 642 F.2d 339; 1981 U.S. App. LEXIS 14149; 31 Fed. R. Serv. 2d (Callaghan) 811; 16 Av. Cas. (CCH) P17,644, available at: http://www.leagletax.com/decision/1978557463FSupp94_1536.xml/AETNA%20CAS.%20&%20SUR.%2 0CO.%20v.%20JEPPESEN%20&%20CO and http://courses.ischool.berkeley.edu/i205/s05/Aetna%20v.%20Jeppesen.pdf, as of 16 May 2014. 16 Ibidem. 76

7.1.4. Saloomey v. Jeppesen & Co.17 – defective data portrayed on the map The other case concerning liability for maps that brought Jeppesen to court regarded a private plane Beechcraft Sierra with a pilot and two other passengers on board. The accident happened on 31 August 1975 when the pilot attempted to land at the Martinsburg, West Virginia airport. In general, the court found that Jeppesen’s area chart was defective in designating Martinsburg as having a full instrument landing system by adding a notice ILS to it. At the same time court found that Jeppesen was negligent in the manufacture and in inspection of that chart, but negligent was also the pilot of the plane on the operation of the plane. But it has been proved that the pilot’s negligence was not the proximate case of the plane’s accident. The court had to decide on the basis of the claim, in other words whether Jeppesen was liable on the product liability basis. It has been noted as a matter of fact that “Appellant's position that its navigational charts provide no more than a service ignores the mass-production aspect of the charts. Though a "product" may not include mere provision of architectural design plans or any similar form of data supplied under individually- tailored service arrangements, see Gibson v. Sonstrom, 2 Conn.L. Trib. No. 103, at 3 (Super.Ct. Hartford Cty. 1976), the mass production and marketing of these charts requires Jeppesen to bear the costs of accidents that are proximately caused by defects in the charts. See Halstead II, supra, 535 F.Supp. at 791; K-Mart Corp. v. Midcon Realty Group, 489 F.Supp. 813, 816-19 & 818 n. 7 (D.Conn.1980); Restatement (Second) of Torts § 402A comments c, f (1965)”.18 The court accepted, without discussion, that the Federal Aviation Administration flight data drawn on the chart was a product for strict liability purposes and that Jeppesen has taken the special responsibility as the seller. More than that the court observed that Jeppesen is entitled to treat the burden of accidental injury as a cost of production and therefore it may be covered by liability insurance. There was no doubt for the court that Jeppesen shall bear the costs of the accidents when the proximate cause of the accident is the defect on the map. 7.1.5. Barbara A. BROCKLESBY, et al., v. UNITED STATES and Jeppesen and Co.19 –defective data Another case involving Jeppesen regarded the plane crash on 8 September 1973. The aircraft was owned by World Airways. As it has been proved the accident happened due to the defects in an instrument approach procedure, which originally was developed by the Government and but was published by Jeppesen. The court agreed that the chart in question was a defective product for purposes of analysis under Restatement (Second) of Torts § 402 A. The case differed however from the Aetna and Saloomey in the way that the chart in question regarded the information, the instrument approach procedure, which was delivered by the Government. The court recognized that “the fact that Jeppesen's instrument approach charts are based on information which is supplied by the F.A.A. and which Jeppesen cannot deviate from or modify does not relieve Jeppesen from liability if a defect in the Jeppesen chart was a proximate cause of the accident. The manufacturer of a product is strictly liable for defects in that product even though the defect can be traced to a component part

17 Katherine H. SALOOMEY, Administratrix, Estate of Willard Vernon Wahlund, Deceased, Plaintiff- Appellee, v. JEPPESEN & CO., Defendant-Appellant. Peter C. HALSTEAD, Administrator, Estate of Erik F. Wahlund, Deceased, Plaintiff-Appellee, v. JEPPESEN & CO., Defendant-Appellant; 707 F.2d 671 (1983); available at: http://www.leagle.com/decision/19831378707F2d671_11242.xml/SALOOMEY%20v.%20JEPPESEN%20 &%20CO, as of 16 May 2016. 18 Ibidem. 19 Barbara A. BROCKLESBY, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellee, and Jeppesen and Company, Defendant-Appellant; 767 F.2d 1288; available at: http://openjurist.org/767/f2d/1288 77 supplied by another. Thus if you find that Jeppesen's instrument approach chart is defective and that the defect was a proximate cause of the accident, you must find Jeppesen liable even if the defect exists only because you find that the F.A.A. designed an approach procedure that you find is itself defective”.20 7.1.6. A few Remarks on the stand of US law It has been observed that the liability regarding maps might be discussed under three theories of liability: − negligence, − breach of warranty (the implied or the express ones), − strict product liability. The cases discussed above mostly relied on the third concept of liability though other theories sparked much attention not only of the courts but in the literature as well (RAYSMAN 2002, LARSEN, SWEENEY & GILLICK, 2012). More than that, in 1994 Congress exempted the former U.S. National Imagery and Mapping Agency (currently the National Geospatial-Intelligence Agency) from a liability for maps, charts and publications containing geo-data (LARSEN, SWEENEY & GILLICK, 2012). The exemption, made in 10 U.S. Code § 456, reads as follows: (a) Claims Barred.— No civil action may be brought against the United States on the basis of the content of a navigational aid prepared or disseminated by the National Geospatial-Intelligence Agency. (b) Navigational Aids Covered.— Subsection (a) applies with respect to a navigational aid in the form of a map, a chart, or a publication and any other form or medium of product or information in which the National Geospatial- Intelligence Agency prepares or disseminates navigational aids. However, when the private sector of creating and providing data is involved it has to be stressed that a chart meets the premises to constitute a “product” under the US regulation for defective products and therefore falls under Restatement (Second) of Torts § 402A, pursuant to which: (1) One who sells any product in a defective condition unreasonably dangerous to the user or consumer or to his property is subject to liability for physical harm thereby caused to the ultimate user or consumer, or to his property, if (a) the seller is engaged in the business of selling such a product, and (b) it is expected to and does reach the user or consumer without substantial change in the condition in which it is sold. (2) The rule stated in Subsection (1) applies although (a) the seller has exercised all possible care in the preparation and sale of his product, and (b) the user or consumer has not bought the product from or entered into any contractual relation with the seller. The producer of a map may be found responsible on the basis of the breach of warranty as well. Under the US law there is a concept of an implied and the express warranty. These are to be found in Uniform Commercial Code 2:313 and 2:314 (see ONSRUD 1999). 7.2. Jeppesen’s state of play According to one of the latest news (as of April 24, 2014) Jeppesen Poland with its headquarters in Gdańsk is proliferating and increases the employment of specialists in geodesy, cartography, geoinformation, aviation and the engineering of materials. It reads that “if somebody has flown the Boeing plane, it is of every possibility, that the map for the aircraft has been created in Gdańsk” (BRA, April 24, 2014). Therefore this seems of importance to shed some light on the terms of the Jeppesen Data Licence

20 Ibidem. 78

Agreement referring to the liability issues (JEPPESEN DATA LICENCE AGREEMENT of 23 April 2013). In point 5 of the Agreement it has been expressly stated that Jeppesen may under no circumstances be held liable for defects due to incorrect or missing information from these hydrographic offices or other third party sources. Pursuant to point 6 of the Agreement LIMITED WARRANTY AND DISCLAIMER. To the maximum extent permitted by applicable law, the following provisions apply: − Jeppesen warrants that the Media, if any, on which the Data is recorded and delivered are free from defects in materials and workmanship under normal use and operation. This limited warranty is effective for a period of sixty (60) days following your receipt of such Media. The limited warranty provided herein is made to You if You (a) have fully paid the required license fee for use of the Data, (b) have fully complied with the terms of this Agreement, and (c) are the original licensed end-user. No warranty is made to any other person or entity. − During the warranty period set forth above, Jeppesen will replace any Media which proves defective in materials or workmanship, without charge, on an exchange basis. This is Jeppesen’s entire liability and your sole and exclusive remedy. This remedy shall not apply if the Media on which the Data is stored has been damaged by negligence, accident, improper or unreasonable use, or by any other cause unrelated to defective material or workmanship. WITHOUT PREJUDICE TO ANY OTHER LIMITATION OF LIABILITY SPECIFIED HEREINAFTER, JEPPESEN SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE DATA OR OTHER THINGS PROVIDED HEREUNDER FOR ANY BUSINESS ACTIVITY OF ANY NATURE WHATSOEVER. THE DATA IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ACKNOWLEDGE THAT THE DATA IS OF A GENERAL NATURE, AND THAT IT MAY NOT BE DESIGNED FOR, ADEQUATE TO, OR CONFORM TO YOUR SPECIFIC NEEDS AND/OR PURPOSES, NOR THAT IT CONFORMS WITH SPECIFIC SAFETY REQUIREMENTS OR GOVERNMENTAL STANDARDS OR REGULATIONS IN YOUR COUNTRY. JEPPESEN MAKES NO EXPRESS OR IMPLIED WARRANTY, AND DISCLAIMS ANY LIABILITY FOR THE DATA, THE ACCURACY OF THE DATA SOURCE MATERIAL, AND ANY NONCONFORMANCE OR DEFECT IN THE DESIGN, ADEQUACY, ACCURACY, RELIABILITY, SAFETY OR CONFORMANCE WITH ANY GOVERNMENT STANDARDS OR REGULATIONS OF SUCH DATA, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTIES AND OTHER OBLIGATIONS AND LIABILITIES OF JEPPESEN, AND YOUR REMEDIES SET FORTH IN THIS AGREEMENT, ARE EXCLUSIVE AND IN SUBSTITUTION FOR ANY OTHER RIGHTS, CLAIMS AND REMEDIES YOU WOULD OTHERWISE HAVE AGAINST JEPPESEN WITH RESPECT TO THE DATA, THE MATERIALS AND THE SERVICES PROVIDED HEREUNDER. Notwithstanding the exclusion of warranty for the Data, should You encounter any problems with the Data or find a suspected error, You should report such problem or suspected error to Jeppesen as soon as reasonably possible. It is also important to note point 7 of the Agreement, which states that: LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: IN NO EVENT SHALL JEPPESEN OR ITS THIRD PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY NATURE WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, REVENUE, PROFIT, DATA, 79

PROPERTY DAMAGE OR INJURY) WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, WARRANTY, CONTRIBUTION, STRICT LIABILITY, TORT OR OTHER THEORY ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE DATA, MATERIALS OR SERVICES PROVIDED HEREUNDER OR ANY OTHER LEGAL THEORIES, EVEN IF JEPPESEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, JEPPESEN'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE DATA DURING THE LATEST TWELVE (12) CALENDAR MONTHS. If an arbitration panel or court of competent jurisdiction determines that relevant laws in force may imply warranties and liabilities which cannot be excluded or limited or which can only partly be excluded or limited, then the limit on Jeppesen’s liability set forth in this Section shall apply to the fullest extent permitted by law. If Jeppesen cannot exclude or limit a warranty or liability implied by law, this Agreement shall be read and construed subject to such provisions of law. Pursuant to the Agreement it is governed by Italian law. It shall be remembered that under Italian law (Article 1229 of the Italian civil Code) any limitation of the tort liability is null and void (judgement Cass. Civ., Chapt. III, 2938/75; PONZANELLI 1984). We may also cite a few judgements which have been enacted on the Italian ground: − V. Cassazione civile, sez. I I I , 2 febbraio 2005, n. 2042: In tema di responsabilità del medico, la limitazione di responsabilità alle ipotesi di dolo e colpa grave di cui all'art. 2236, comma 2, c.c. non ricorre con riferimento ai danni causati al paziente per negligenza o imperizia, ma soltanto per i casi implicanti risoluzione di problemi tecnici di particolare difficoltà trascendenti la preparazione media o non ancora sufficientemente studiati dalla scienza medica, incombendo in tal caso al medico di fornirne la relativa prova. − V. Cassazione civile, sez. I I , 23 aprile 2002, n. 5928: La disposizione dell'art. 2236 c.c., secondo cui quando la prestazione professionale implica la soluzione di problemi tecnici di speciale difficoltà, il professionista non risponde dei danni se non in caso di dolo o di colpa grave, deve intendersi nel senso che l'impegno intellettuale richiesto in tali casi sia superiore a quello professionale medio, con conseguente presupposizione di preparazione e dispendio di attività anch'esse superiori alla media; l'onere di dimostrare la sussistenza di quel "quidpluris" che potrebbe comportare una attenuazione della responsabilità incombe in ogni caso sul professionista. − V. Cassazione civile, sez. I I I , 15 gennaio 2001, n. 499: In tema di responsabilità professionale la relazione tra gli art. 1176 e 2236 c.c. è di integrazione per complementarità e non già per specialità, cosicché vale come regola generale quella della diligenza del buon professionista (art. 1176, comma 2) con riguardo alla natura dell'attività prestata, mentre quando la prestazione implica la soluzione di problemi tecnici di particolare difficoltà opera la successiva norma dell'art. 2236 c.c., delimitando la responsabilità professionale al dolo o alla colpa grave. 7.3. Polish state of play The implementation of INSPIRE directive is still about to bring about some concern as it comes to the issue of legal liability for disseminating defective data and information, most of all in form of maps. We are lacking jurisprudence in Polish law on the liability of map providers. So far we may find judgements and regulations that expose surveyors to legal liability for disseminating defective data on the maps. Pursuant to the verdict of Voivodship Administrative Court (Wojewódzki Sąd Administracyjny) in

Warsaw enacted on 13 July 200521 “the organ shall indicate the premises for choosing the sort of the punishment, having in mind the degree of the fault of the acting person, the kind and the character of the violation […] in case of questioning the due care of the surveyor it shall be indicated how the due care should look like as well as why it has not been performed. Also, it shall be measured to what degree the punished person’s behaviour was culpable (intentional fault or negligence), the kind of the fault is always of importance when deciding about the sort of punishment”. In other words, the surveyor falls under the Law on Geodesy and Cartography of 17 May 198922 regime as well as under the Polish Civil Code of 23 April 196423 regime (both tort and contractual liability). Dissemination of geodata involves the discussion whether we are willing to expose the data providers to all sorts of liability or there are reasons behind imposing legal limitation on the traditional regimes of liability. If we look into the scope and specificity of collecting and providing geoinformation as a result of implementing INSPIRE Directive it seems that we are still about to face these legal questions US did some time ago. It has been raised in the US literature that too strict regime of liability for providing defective geoinformation may limit the scope of the data disseminated or make geodata even more costly. If one had to compare the benefits flowing from the disseminating of data and holding data providers liable it seems that the first one prevails the other. With this in mind US Congress introduced the immunization in that regard for the National Geospatial-Intelligence Agency in 10 U.S. Code § 456. So far Polish law does not provide any exemption of this kind. If we take a glimpse at the tort liability under Polish law it has to be pointed out that there are at least a few basis worth further analysis, which due to the length of this paper, will be provided in other place. The general rule of liability regulated in the Article 415 of Polish Civil Code states that whoever by his fault caused a damage to another person shall obliged to redress it. Considering that many of the bases are being disseminated by governmental and local authorities some more attention shall be brought to Article 417 which in § 1 states that the State Treasury, territorial self- government unit or another legal person exercising public authority by virtue of law shall be liable for a damage inflicted by unlawful activity or cessation thereof which occurred in exercise of such authority. According to Article 417 § 2 of Polish Civil Code where the performance of public authority tasks is mandated, under an agreement, to a territorial self-government unit or another legal person, a joint and several liability for a damage inflicted shall be borne by the contractor and territorial self-government unit mandating such tasks or by the State Treasury. The responsibility arising from the regulation is based on the principle of risk, contrary to the regulation of Article 415 of Polish Civil Code which introduces the liability based on the principle of fault. The regulation of the product liability is to be found in the Article 4491 of Polish Civil Code and the following. As there are quite a few details to it is important to note that pursuant to Article 4491 of Polish Civil Code § 1. One who produces within the scope of economic activity (a producer) any hazardous product shall be responsible for any damage caused by such product to anybody. § 2. The product shall mean any movable thing, even if it has been attached to another thing. The product shall also mean an animal and electric energy. § 3. A hazardous product shall be any product which does not provide safety one may expect while using such product in a normal way. Circumstances of the introduction of a product to trade, in particular the way of presenting it to the market and information

21 Verdict of the Wojewódzki Sąd Administracyjny in Warsaw of 13 July 2005, sign. IV SA/Wa 316/05. 22 Law on Geodesy and Cartography of 17 May 1989, Journal of Laws (Dz.U.) of 2010 No. 193 Item 1287, with further changes. 23 Polish Civil Code of 23 April 1964, Journal of Laws (Dz.U.) of 2014 Item 121, consolidated act. 81 offered to a consumer on properties of the product shall decide whether the product is hazardous. One may not maintain that a product does not provide safety merely because a similar product in an improved form has been introduced to trade. According to Article 4492 of Polish Civil Code the producer is responsible for a damage caused to another person's property only where a thing having been damaged or impaired can be regarded as a thing commonly designed for personal use and when the sufferer has used it mainly for such purpose. More than, pursuant to Article 4497 § 2 of Polish Civil Code, that the indemnity for a damage will be due only if the damage exceeds an amount equal to EURO 500. These two provisions introduce limitations on liability for damage caused to person’s property. However liability for the damage caused by the product to a person finds no limitation and general provisions shall apply. Due to the high risk of bearing liability for dissemination of the defective data many providers escape liability by attaching in the license agreement a disclaimer, though this is questionable whether that contractual stipulation will as a matter of fact clear the provider of all the liability. Under Polish law it is possible to escape the liability on the basis of the Article 473 of Polish Civil Code which reads as follows: § 1. The debtor may assume by contract the liability for the non-performance or improper performance of the obligation due to specified circumstances for which he is not liable by virtue of statutory law. § 2. The stipulation that the debtor is not liable for a damage which he might do to creditor intentionally shall be null and void. Probably this regulation will be a subject to greater concern once we are to decide in a case involving the disclaimers of the GI providers, especially as to the question whether it is possible to exclude tort liability by a contract (in favour: POPIOŁEK 2009, WIŚNIEWSKI 2007, GAWLIK 2010, RZETECKA-GIL 2011; against: ZAGROBELNY 2006). 7.4. Conclusions We are still in the midst of facing issues concerning liability in the use of GIS. These are certain to arise if we consider the strong pursuit to implement the INSPIRE Directive. The standpoint of US law reveals the complexity of legal regulations finding application in the case of disseminating defective information. If we pay attention to the case law related to the use of maps under US law we will easily get a fine picture of what to expect in future. Therefore the stand of Polish law needs examining as well as deciding whether the implementation of the INSPIRE Directive shall not be followed by any statutory immunization of liability, especially of public authorities.

8. VEGETATION SUCCESSION AND SOME SOIL FEATURES IN FORMER MILITARY TRAINING AREAS IN EXAMPLE OF BORNE SULINOWO Military training ground area of forest inspectorate Borne Sulinowo, which were formerly liable to human impact, was not until now the subject of detailed description in respect of ecological studies. The first preliminary investigation on natural resources in this area was made in 1994 by Foundation IUNC - Poland in respect of its usability for European Ecological Net [LIRO, 1995]. When the Soviet military left this area, the research workers, especially geographers, started scientific investigation. The complex environmental investigation included issues of palaeogeography of the Pomeranian phase with particular regard to Drawsko Lake District, characteristics of relief and palaeogeography of northern part of the Pilawa, hydrological and hydrochemical problems of investigation area were described. Detailed information concerning the landscape structure and its anthropogenic transformations in the region of former military training ground Borne Sulinowo is included in elaboration of BUKOWSKA-JANIA and JANIA [1997], where the authors describe the structure and form of young glacial landscape together with land use. The above mentioned works make the complex investigation, documenting actual state and development of physical-geographical environment against a background of the latest geological history. In 1958 a preliminary provisional management of these forests inventory was made, whereas two years later the first separation of working terrain of area of 15 000 ha was done (at total area of experimental range: 18 000 ha). In 1971 on the base of management inventory from 1958 the plan of forest management for this area was made, which was verified by first really actual plan of forest management after state in 01.01.1995. The area of experimental range was not under economical activity during almost 60 year and was limited in respect of scientific research [BUKOWSKA-JANIA and JANIA, 1997]. Beside the above-mentioned investigations it is important to register actual vegetation state in the area of former military training ground, which has a special weight from the dynamical ecology point of view and in the processes of recognition of succession mechanisms. In such area it is possible to observe whole processes of biogeocenosis formation from initial to terminal stages. Similar terrains make potential places for carrying out monitoring researches. The aim of this work is the attempt to present and document directions and stages of succession in the area of former German and Soviet military training ground in Borne Sulinowo. 8.1. Study area The study area localized within limits of South Baltic Lake District, whereas its north- western part belongs to mesoregion of Drawsko Lake District. North-eastern areas belong to macroregion of Lake District South Pomerania. The first notices about settlement within Borne Sulinowo went back to the 16th century, when settlers from Lower Saxony built settlement, which called Gross Born (Borne). Later next settlements like Linde and Doderlage were built. After the first World War, about 1928, the Germany State Treasure bought forests and organised them to State forest inspectorate which named “Feierswalde” with residence in Marianow. Within its administrative range there were rather numerous private stands, which concentrated in the neighbourhood of large settlements. The most significant decision for further functioning of these areas constituted the establishing of experimental military training ground “Gross Born” in 1934. In this year also two military little towns were built: Gross Born (Borne Sulinowo) instead of Linde settlement on Pile lake and Grossborn - Westfalenho, 12 km

83 south of Linde. Their buildings with full infrastructure were finished in 1938, obtaining lodgings for 10 thousand soldiers. In 1935 the local population was displaced, except for inhabitants of Doderlage. In the next year works at building of fortification “Pomem Festung” such as bunkers and artificial water dams were started. This way Nadarzyce flood waters were formed. There were two artillery schools and generals Guderian (before attacks on Poland) and Rommel (Africa Corps) have trained there their units. Nowadays the area of military training ground together with components (bunkers, observations towers, etc.), makes tourist attractions for all Polish population, and even for soldiers which formerly serviced here in Red Army [BUKOWSKA-JANIA and JANIA, 1997]. 8.2. Materials and methods In order to determinate directions, stages of succession and the processes of biogeocenosis forming three surfaces (plots) were selected in different part of experimental range. Plots are characterised by different degree of overgrowing processes. Investigation plots on military training ground are not homogenous in respect of physiography, so it was relatively easy to distinguish particular stage of plant development. Plot I is localised to the north of Pile lake, it contains parts of sandy sandr area, covered with the initial stage of vegetation. II and III plots also lie on sandr plain and are covered with Calluna vulgaris. The selected plots are strongly transformed by human impact; it results from their localization on the maneuvering area of military training ground. On the surfaces of plots floristic lists, phytosociological records by Braun-Blanquet method were made, which were the basic material for distinction of plant community. On the selected surfaces soils profiles were also made in order to determinate relationship between vegetation and soil formation processes. Soil profiles were described in the field by macroscopic method and some physical and chemical analyses were determined in laboratory. The analyses concern as follows: grain-size composition by sieve method, pH reaction of soil in H2O and KCl by potentiometric metod, total organic carbon content by Tiurin's method [RAHMONOV, 2007]. 8.3. Results and discussion The overgrowing processes of former military training ground take places in several ways (Fig. 53). Plot I - this area is mostly covered by grass of Spergulo morisonii- Corynephoretum canescentis from union Corynephorion (Fig. 54). In the area (plot I) of military training ground two ways of vegetation succession are observed. The first way is initiated by encroachment of Corynephorus canescens on loose sand, where former soil cover was mechanically disturbed and then it underwent aeolian processes up to parent rocks such to similar areas [SYMONIDES, 1978; RAHMONOV and OLEŚ, 2010]. We observe here the primary succession within plant and soil covers. In such surfaces, at the lack of competition, C. canescens represents high dynamic values. At this stage it is accompanied by following species: Hieracium pilosella, Rumex acetosella, Hernaria glabra, Jasione montana. Subsequently Helichrysum arenarium is setting, which further creates community. From tree and bush species seedlings of Pinus sylvestris, Betula pendula and Juniperus communis are observed, which are the beginning of future forest. At this stage cryptogamous plants are represented by psammophylous mosses and lichens. From mosses occur here: Ceratodon purpureus, Polytrichum piliferum, Brachycetum albicans. The lichens first of all are represented by species from genera of Cladonia, Cladina, and rarely from genus Cetraria in all investigations plots. This way in some places lichens variety of this association Spergulo morisonii-Corynephoretum canescentis subass. cladinetosum mitis creates [RAHMONOV and OLEŚ, 2010]. Considering soil moisture in areas of former military training ground Borne Sulinowo large density of mosses cover

84 occurs in comparison with others sandy areas in the same stage of succession [JANKOWSKI and BEDNAREK, 2000; RAHMONOV et al., 2011]. The second way of overgrowing of this plot was initiated by algae. Algae developed on the bare sand area with others cryptogamous plants and it formed biological soil crusts on its area. At the beginning this crust has made accessing seeds to bank seeds impossible and in the consequence there is a lack of flower plants. Whereas, this crust supplies soils with assimilative nutrients important for plant such as: nitrogen (N), phosphorous (P) and carbon (C) [BELNAP and HARPER, 1995]. It also protects soils before wind and water erosion, that favors fast stabilization of sand and plant development. The origin of biological soils crusts in the arid and semiarid region is an universal phenomenon, which supports good habitat condition for others plants. Similar situation was observed in investigation plots and other sandy region in south Poland [RAHMONOV, 2007; ELDRIDGE et al., 2000; CABAŁA et al., 2011]. Later, after a lapse of several years, the crust components (mosses, lichens) become degraded. This decomposition causes enrichments of habitat in organic compounds and leads to floristic differentiation. Such surfaces are covered with Calluna vulgaris and gradually form moorland. These moorlands are covered with seedlings of Betula pendula, Populus tremula and rare P. sylvestris. In the depressions the organic matter accumulates and seedlings of pine are often met. As the years go, the vascular plants gradually increase. To the most occurring species in this plot belong: Rumex acetosella, Trifolium repens, T. arvense, Herniaria glabra, Jasione montana; whereas Armeria elongata - is rarely observed.

(a) (b) Fig. 53. The grasses of Koeleria glauca (a) and Corynephorus canescens (b). Source: Rahmonov O.

Sand

Algae

Artificial Corynephor Calluna pine us vulgaris plantation canescens

Polytrychum pilifierun

with Lichnes from

Cladonia genera

Corynephorus Artificial canescens with pine lichens plantation

Calluna vulgaris with young specimen of pines and lichens Different types of lichens li artificial

plantation

Fresh pine forest Dry pine forest

Fig. 54. The courses of succession in former military training ground. Source: Rahmonov O. The community with Corynephorus canescens, which actually occurs in Europe is connected with anthropogenic impact [SYMONIDES, 1978]. Considering the fact that sand grass from class Sedo-Sclerathetea and particularly from association Corynephorion in investigation area is surrounded by different type of forests (alder, pine), the encroachment of hygrophytic and forest species is observed. Plot II - Klomino -this surface is covered with Calluna vulgaris and it was in the majority ploughed for artificial afforestation. There were introduced following species: P. sylvestris, Quercus rubra, Q. robur, B. pendula, Alnus glutinosa, Fagus sylvatica and Larix decidua. Among above-mentioned plantation the quick processes of fruiting was observed. In the discussed area the population of C. vulgaris is characterized by temporal differentiation. These specimens have different form - from young to old. The ecological amplitude of C. vulgaris is rather wide, for this reason it occupies different areas in the world: lowland, upland, peat bogs, swamps, forests (of different type), fixed dunes and even stabilised landslides. High range of temperature tolerance and vegetation period length extends between geographical latitude from 36° N to 71°5 N

[GIMINGHAM, 1958]. Cryptogaoumus plants are predominated by mosses, which are mainly represented by numerous P. piliferum and rarely by C. purpurea. Lichens are represented by genera of Cladonia, Cladina and Coelocaulon like in previous plot. In the gaps between rows of heather settings of P. pilifierum and other mosses could be observed. It should be emphasised that cryptogams have larger share than flower plants. Dynamical moving of forest border into the moorland will lead soon to total elimination of moorland (Fig. 55). The estimation of current moorland state enables to affirm that changes in this particular example have totally different character. There are no initial stages of succession in moorland. The observations show that only human impact could keep the forest border stable and this way we can protect moorland area from overgrowing with also observed in other anthropogenic ecosystems [RAHMONOV and PARUSEL, 2011].

Fig. 55. Artificial pine plantation whitin Calluna vulgaris community. Source: Rahmonov O. The second important limiting factor of moorland durability is a fact that heather specimens become older and die. Current population of C. vulgaris is not affected by mechanical factors like fire, heavy vehicles, cattle grazing, gaining of upper soil horizons, which cause rejuvenation of the population. Permanent and aggressive mechanical influence on shrub-heath will allow eliminating this threat. The Klominskie moorlands formerly covered area of 2000 ha. Actually a half of them was afforested (Fig. 55) by forest inspectorate Borne Sulinowo [BUKOWSKA-JANIA and JANIA, 1997]. The root range includes only zone of organic matter availability (especially in the case of C. vulgaris). The root range depth depends on vertical diversity and distribution of organic compounds. C. vulgaris is the particular kind of trap collecting various allochtonous organic matter (leaf and needle fall of pine, birch and oak). This matter after decomposition accelerates the process of biogeocenosis formation through the fertilization of soil by bionutrients. In that plot the encroachment of Deschampsia flexuosa on ploughed fields (with hollows and elevations) was observed. This species particularly initiates the processes of area overgrowing, where horizon B (illuvial) is exposed. This horizon is not liable to aeolian influences. On such area P. sylvestris predominantly encroaches and in the future it will be the only forest tree species. Such scheme of succession was observed by Fanta [1986] in the central Netherlands on drift sand. This way of succession with encroachment of Deschampsia flexuosa and then P. sylvestris is the fastest way of pine forest formation (Fig. 56).

(a) (b)

Fig. 56. Pines forest in boarder of military training (a) ground and remnants of singles pines after forest degradation (b). Source: Rahmonov O. Plot III - On the contrary to other investigated plots, the processes of artificial planting are observed here. For this reason, stages of succession in this plot are advanced in respect of plant communities and soil formation. This plot is characterised by large differentiation of relief like hollows, elevations and valleys, which caused the formation of different type of ecological niches. They are covered with proper ecological groups of plants (hygrophilous, mesophilous, xerophilous and psammophilous plants). Within artificial plantation on the elevations, the psammophilous and xerophilous species like: C. canescens, T. arvense, Hypericum perforatum, H. arenarium, Potentilla argentea, H. pilosella; Oenothera biennis, Scleranthus annus, J. montana, H. glabra predominantly were noticed. Flat surfaces with plantation are predominantly occupied by Melilotus albus, T. arvense and sporadically by Artemisia absinthium and T. repens. Large number of depressions in this plot is covered with natural thicket of P. tremula, B. pendula, Salix caprea, and among herbaceous species. Bottoms of depressions are covered with higrophiious mosses. Physico-chemical soil properties - soils developing in the area after former military training ground have remarkably anthropogenic character. In the terrain of former military training ground earlier podzols soils developed. It is proved by well preserved iliuvial horizon (B), which is characterised by strong cementation and connected with significant amount of iron compounds and humus creating iron pan. Materials of this horizon are built of clay-silt fraction. Owing to that these areas did not undergo aeolian processes. In the whole research area the soil cover is characterised by differentiation of organic-humus horizon (Table 11). These horizons are of large thickness in depressions or directly under the canopy of tree species. Large thickness of horizons is connected with herbaceous vegetation and its annual litter. The humus horizon is made of fine- and medium-grained sand. The parent rock for the soil developing here is made by post-glacial deposits. The structure of investigated profiles was very strongly compact, because the range of vegetation roots was limited by the thickness of organic- humus horizon. In the investigated profiles the thickness of this horizon reached up to 38 cm in maximum. The surface of soil horizon was always dry and loose, whereas endopedons were strongly cemented, massive and characterised by the having of irregularly distributed iron plots. It should be emphasised that in some profiles (without sampling) pieces of iron of anthropogenic origin were met. Considering that, it is necessary to keep the special attention during doing similar research [RAHMONOV, 2007; JANKOWSKI and BEDNAREK, 2000].

In the investigated soil profiles the significant share have fine-, medium- and coarse-grained sands with large admixture of gravels and even locally boulders. The humus content in the investigated horizons evaluates between 0.15 and 2.5%. Whereas the reaction in KCl amounts approximately to 3.9 (pH) and in H20 - 4.4 (pH). These are soils of initial stage of development and fossil soil profiles (the last mentioned were not the object of investigation), on which the initial arenosol have formed. The profile building of soils in the investigated fields is presented as follows: O/A-C, A/C-C, 0-A- Bfos-C. Taking into account the direction of succession and forests predominating in the neighborhood, it can be stated the development of podzols here in the future. In the neighborhood of polygons there is preserved the soil characteristic for this region (Fig. 5). Table 11. Some chemical and physical features of soil. Granulometric size Depth pH Corg [mm] Horizon [cm] H2O KCl [%] 4-2 2-1 1-0.5 0.5-0.25 0.25-0.09 <0.0 9 Plot I Spergulo morisonii-Corynephoretum canescentis - plant associations O/A 0-20 4.4 3.7 4.4 4 4 7.5 60.4 21.4 3.3 A 20-38 4.5 4.0 1.5 0.6 2.5 15.3 59.2 20.3 2.7 C 38-60 4.3 4.1 1.2 - - 19.6 61.7 15.5 1.2 Plot II Community with Calluna vulgaris O 0-2 4.4 3.6 17 4.1 4.4 6.1 63.3 20.3 1.4 A 2-15 4.7 4.0 3.6 3 6 10.2 48.2 21.6 11 A/C 15-30 4.1 3.8 2.5 2.7 6.6 11.4 47.1 19.5 12.4 Plot III Festuco-Koelerietem - plant associations A 0-10 4.3 3.6 2.1 2.7 5.3 7.1 39.1 26 8 AC 10-25 4.4 3.9 1.1 7.7 7.3 17.4 30 32.2 5.5 Source: Rahmonov O.

Fig. 57. Preserved podzol soil in the undisturbed area of training ground. Source: Rahmonov O.

8.4. Conclusions The present structure of vegetation cover in the area of former military training ground in Borne Sulinowo is a result of anthropogenic activity. Among forests in the neighborhood of Borne Sulinowo the fresh coniferous forests of anthropogenic character predominate. These forests have homogenous vertical structure. The undergrowth is impoverished of species. In the forest field maple Acer campestre and Padus serotina often occur. In this place the occurrence of formerly German and later Russian Army was observed. Nearly 60 years-lasting period of these terrains use in military purposes caused the damage in the whole biogeocenosis. The open areas are covered by grass from the class Sedo-Scleranthetea, whereas areas with plantings occupy the significant part of former military training ground. To this purpose the following species were used: Pinus sylvestris, P. nigra, Quercus robur, Q. rubra, Betula pendula and others. In the result of strong anthropopression connected with military activity, the natural vegetation cover - especially coniferous forests with admixture of deciduous species - was damaged through intentional cutting and bomb explosions, running over by tank caterpillars or numerous fires. Actually, at the borders of former military training ground, the individual old pines can be sporadically met, which are the remaining after the previous forests. In the years 1945-1958 the Soviet Army has adapted the object for its own need and has made the successive cutting of tree stand in larger and larger areas.

9. THE LATE ROMAN SEABORNE TRADE IN THE EASTERN ADRIATIC The goal of the project “Archaeological Topography of Croatia in Classical Antiquity” is to build a geocoded database of the archaeological sites on the territory of the present- day Republic of Croatia. The collaborative project “A New GIS Procedure for the Reconstruction of the Landscape and maritime zones in Classical Antiquity” has the objective to reconstruct ancient landscapes, maritime zones and navigation routes and study long-term changes on coastal and islands territory in the Eastern Adriatic. We present same part of this studies. The relative importance of the Adriatic region within the Roman Empire increased in late antiquity. With the division of the Empire under Diocletian and growing insecurity of land routes, maritime communication was gaining in significance, both in the way of uniting the Empire and in supplying the imperial seats and provincial centers. In the 5th and 6th century maritime transport of both goods and troops, as well as secure harbors and food supply, had become paramount for the security and wellbeing of the Roman state. Reaching deep into the European continent, the Adriatic Sea became the safest arterial route connecting distant territories of the Byzantine Empire along the Byzantium-Ravenna axis.

Fig. 58. Map of Soline The evidence of shipwrecks has shown that maritime traffic went primarily along the eastern Adriatic, taking advantage of the channels between the islands and of their safe ports and food and water supplies along the way. The trans-Adriatic sailing between the western and eastern coasts used the sea currents in the northern area and the so-called “island bridge” in the southern half. The open-sea routes were the most direct and less expensive than the slower and costlier, but safer, coastal routes, according to the figures in Diocletian's Edict of Prices (Pascal Arnaud JRA 2007).

Fig. 59. Mosaic Source: Pascal Arnaud JRA 2007. In the last ten years Croatian studies and publications on the evidence from shipwrecks have greatly advanced our knowledge of the late antique maritime routes and trade in the Adriatic. Still, on the consumer end of the evidence, ceramic assemblages from only the coastal urban centers, such as Salona and Diocletian’s palace at Split, have been extensively published. As the map on the screen shows, imported wares are known from numerous coastal and island sites. It must be noted that such finds at inland sites are very rare after the mid 5th century. In the late Roman and early Byzantine times the empire-wide militarization and the system of annona militaris significantly shaped patterns of connectivity and seaborne trade between the provinces. The direction and intensity of trade in ceramics and foodstuff produced at various centers in the Mediterranean fluctuated according to the overall economic, socio-political and cultural conditions. The economically and politically integrated Mediterranean in the period of the 4th to mid 5th century reflected in the uniformity of ceramic assemblages, which were dominated by North African tableware, cookware, amphorae and lamps. North African grain, wine and olive oil supplied civilian and military markets, and household wares came with those shipments. In the first administrative division of the empire under Diocletian, most of the Adriatic region was within the western half. It remained there in the Theodosian division in 395, but in 437 Dalmatia, and the Adriatic islands were transferred to the control of the East Roman Empire. According to ceramic evidence this event seems to coincide with the more active trade relations with the Eastern Mediterranean. This trade followed the steady pattern of importation of Eastern Sigillata, glass vessels,

Aegean kitchenware and lamps in the preceding four centuries. The main consumers could have been immigrants from the eastern provinces settled in urban centers on the coast. In late antiquity, finds of the Phocaean Red Slip Ware are important indicators of the eastern trade. So far the earliest shape, Hayes type 1A of the late 4th century, has been found only in Diocletian’s palace at Split. Hayes type 2 of the late 4th-early 5th century is known from Split and from the town of Hvar on the island of the same name. These types have not been found north or west of the southern Adriatic, but were found in Puglia in Italy, and in much higher numbers in Athens and Thessaloniki. Importation of the Phocaean ware increased after the middle of the 5th century, when the expansion of this ware is also attested in the central and western Mediterranean and as far as the British isles. This was the time when the most widespread Hayes type 3 was produced and exported widely, again with shipments of grain and Syrian olive oil, judging by the amphorae. The rule of the Ostrogoths in the Adriatic from 481 to 554 did not disrupt the eastern trade. Quite contrary, the ceramic evidence from the coastal centers of Salona and Diocletian’s palace and from two island sites on Hvar and Mljet, shows intensified trade during that time. The presence of a Gothic ruling class in those centers is likely. A luxury villa estate at Polace on the island of Mljet, just north of Dubrovnik, could have belonged to Pierius, Odovacar’s comes domesticorum, based on a document quoting Odovacar’s donation. Underwater excavation in the villa’s harbor yielded significant amounts of African and Phocaean Red Slip Wares of the 5th-6th century. Justinian’s war with the Ostrogoths put the Early Byzantine Adriatic on the historical map in the writings of Procopius. There is also ample archaeological evidence of rebuilding of existing fortifications and building of new fortified sites (castra) and lookouts on the coast and especially the islands, to protect trade and military routes. The war effort and the subsequent Byzantine domination in Italy and the Adriatic were the period of the most intensive connectivity for the islands. Increased military and commercial activities are attested in numerous finds of Byzantine amphorae, coins and belt buckles. Those finds do not only indicate relations between the Byzantine center and its strategic points in the west, but also call for discussion on identities of their consumers. Belt buckles of the Bologna/Balgota type (the buckle mount is perforated in the form of a cross motif) were found in southern Italy and the south Adriatic – Calabria, Puglia, Sicily, Dyrachium and at Polace on the island of Mljet in southern Adriatic (underwater exploration in the harbor) in the 7th century contexts. The fact is that they are all found in the Byzantine dominated areas connected by seaborne trade. They are often found in burial contexts with coins of Heraclius and Constans II. Imports of the 7th century Phocaean ware are very rare. One fragment of Hayes type 10C was found in Diocletian’s palace at Split. The same habitation context produced a fragment of a late Sicilian lamp, common in Christian tombs of the 7th century in Syracuse. Such lamps were found at Carthage in contexts dated from mid to late 7th century. An important piece of evidence for the 7th century trade came from a shipwreck by the island of Lastovo, published by Zdenko Brusic. The shipwreck contained a bowl of ARSW Hayes Form 105, and a glazed pitcher (brown glaze with decoration in yellow). This group of finds is very similar to the cargo of the shipwreck at Yassi Ada, along the west coast of Turkey, where coins of Heraclius (610-641) were found. The focus of our recent studies and archaeological research have been two small islands, one in the northernmost Adriatic – the island of Veli Brijun, and the other one in the central Adriatic – the island of Sv. Klement or St. Clement. They are both small and a part of archipelagos in the territories of Roman regional urban centers: Pola in the north and Salona in the south. Both islands became linked to wider networks of commercial exchange on account of their agricultural economies, marine and mineral resources – salt and stone, fresh water, northern and southern ports, and safe anchorage for a large number of ships. We have taken the approach of island archaeology and seek to study our island societies in the context of maritime culture

93 and patterns of regional and long-distance connectivity. The islands’ landscape and seascape and the nature of settlements were dynamic and responded to changing historical scenarios. Island communities were always active players in the seaborne exchange. In the first three centuries of the Roman Empire, rural estates of colonial landowners played the largest economic role. Those landowners were also urban elite and consumers of imported goods. In late antiquity agglomerated settlements formed around some of the villa estates. They attained a certain level of urbanization, with narrow streets between building complexes and added fortification walls and gates. The economy of the estates and pseudo-urban settlements aided in the defense efforts of the Early Byzantine Empire. Agricultural production, salt and stone quarries were often closely located to safe harbors and fresh water supplies. The building of island churches in the 5th century added another dimension to connectivity. The churches played an important role in navigation as seascape markers, and in taking care of spiritual needs of settlers, soldiers and travelers. The island of Veli Brijun is an excellent example of those developments. Veli Brijun (Brion Grande) is the largest island of the Brijuni – Brioni – archipelago located in the vicinity of the Roman regional capital of Pola (today Pula) on the southern tip of the Istrian peninsula. It was an important node in the Adriatic coasting, especially in relation to the maritime centers of Aquileia and Classe, the harbor of Ravenna and the seat of the Roman Adriatic fleet since the time of Augustus. It gained even greater significance in late antiquity in relation to Ravenna. The island is best known as the site of a luxurious maritime villa in Verige Bay, known in older literature as “the Val Catena villa.” During the economic and building boom in Istria, beginning in the Augustan period, the archipelago had a network of seven rural estates (villae rusticae) producing olive oil and wine, alongside stone quarrying and salt production. The settlement in Madona Bay, the so called «Kastrum», is a multi-period, agglomerated settlement, which has a late Republican villa rustica at its core. It received fortification walls in the 5th century, when the Adriatic Sea became the vital communication line for the Empire and the island settlements were strategic bases in the maritime network. The Brioni settlement was one of the key maritime links in the northern Adriatic. Important strategic and commercial activities were located in Madona Bay, since that was the only site on the island that received fortifications. The commercial and defensive developments on Brioni in the Late Empire give indication of some state involvement on the island. The evidence may be found in the conversion to productive use of the central courtyard of the villa rustica in Madona Bay and the industrial activities related to the similar installations in the servicing sector of the maritime villa in Verige Bay. The findings of stone basins, drainage channels and presses in both villas indicated the installations of a fullonica. M. Suić argued on historical and linguistic grounds for the identification with the «baphium Cissense Venetiae et Histriae», an imperial fullonica recorded in the Notitia Dignitatum of around A.D. 435 (Suić 1987). Numismatic and ceramic evidence show a significant rise in the Empire-wide commercial contacts in the 4th century and support the argument for the presence of the fullonica and for officials and perhaps some troops associated with it. Another evidence for population increase and prosperity, and also for identity of the inhabitants of the «Kastrum» are the 4th and 5th century tombs found along the roads to the agglomerated settlement. The grave goods in built tombs and sarcophagi included silver and gold earrings and decorative elements of military dress (Marušić 1986, 84- 91). The fortifications were constructed in two phases, generally dated in the 5th and 6th century by the excavator (Mlakar 1976), but the construction date of either

94 phase is not documented. The incursions of the Huns into northern Italy in the mid 5th century could have prompted their initial building. The walls of the first phase were modest and probably represented the local initiative and organization. In the second, refortification phase the walls were strengthened to the width of 2.6 m (9 Roman feet), while at the corners and at the points of directional change, they reach 2.9 m (10 Roman feet). There were five gates: two on the east side, two at the seaside, and one at the south side. The construction has been generally related to the time of the Byzantine-Gothic Wars and to Justinian's building efforts, as elsewhere in the Adriatic (Tomičić 1993). The massive and solid construction would point to state involvement, and it may reflect a significant change in the function and identity of the settlement. The most logical conclusion would be to give it an official military function and to see a naval base in the bay. The area was of strategic importance and a port-fort on Brioni would secure maritime traffic of supplies and troops, like the port-forts in Italy (Christie 2006, 368-373). The entire landscape of Madona Bay and the identity of the island changed with a fortified settlement and with the likely presence of the military.

Fig. 60. Soline view Source: Begović V., Schrunk I. The maritime and defensive role became central. We presume that the term castellum (Greek kastron) was then used for this changed landscape. The settlement was known as Castello de Brioni on Venetian maps until the 16th century. Two churches were built on a higher ground just outside the castellum. They were visible from the sea, but are hidden by trees today. The better-preserved church of St. Mary (24x11 m) was built in the 5th century and enlarged and refurbished in the 6th. It had an adjacent hospice. A smaller, single-nave church of St Peter was constructed in the 6th century. The island of Sv. Klement is in the central Adriatic, on the navigational routes both in the south - north direction and on the east-west coastal connections, especially when sailing from Italy to the provincial capital of Salona (the island-bridge route). The

95 island has deep bays on north and south sides, important for safe anchorage during north and south winds that make navigation dangerous. Two Roman-period villa sites have been documented in relation to the two arable fields on the island, where settlement has continued until the present. The site of our 5-year long exploration is in the Bay of Soline on the south side of Sv. Klement, next to a village of Vloka. Standing architectural remains are located along the shore, on the edge of the larger field, still under cultivation. Parts of the villa architecture are today submerged, as the sea level rose about 2 m since antiquity. The site covers an area of 2500-3000 square meters.

Fig. 61. Aerial photo of Madona Bay. The magnetometric surveys conducted in 2007 and 2010 over the total area of 1050 square meters showed a complex layout of structures and the evidence of multi- period occupation. There are at least two phases of building. An architectural complex, oriented northwest-southeast, which apparently underlies the standing «long wall» (wall B1), should belong to an earlier phase (the Early Empire, or even earlier?). The majority of the visible architecture, oriented in the north-south direction, belongs to Late Antiquity. The walls are massive, but roughly constructed. Our excavation has been limited to test trenches. The 2010 findings of decorated Hellenistic pottery indicated that the Soline site was of some significance already in the Greek colonial network, probably due to the agricultural land and its location on the navigation routes. Two islands in the immediate vicinity of St. Clement, Vis and Hvar (Greek Issa and Pharos) had colonies of Greek settlers. Wine and olive oil were their cash crops, which continued unchanged into the Roman period. Fragments of African Red Slip Ware and amphorae of the 4th and 5th centuries and of Phocaean Red Slip Ware (Hayes type 3) and Byzantine amphorae of the 6th century indicated the significance of the site in the late Roman/early Byzantine period. Such imported wares have been found only on major sites in the Adriatic, Rich finds of the African and Phocaean fine ware of the 5th-6th century and of Byzantine amphorae of the 6th-7th century in the nearby town of Hvar on the island by the same name (known as Lisina to Procopius), adds to the suspected regional significance of Sv. Klement in

96 the early Byzantine military and trade activities. The architectural remains still standing and visible above ground belong to this period. The economy of the villa would have been connected with the production of salt and perhaps salted sardines and garum, beside other agricultural cash crops, notably wine and olive oil. The name of the bay – Soline – indicates the existence of Roman salt works, which have been confirmed in medieval documents and by our investigations in 2009. The walls of four submerged basins in the bay were visible on aerial photographs taken in August 2008 and even better on an archival photo from 1968. Jonathan Estes, a St. Thomas student explored and documented the submerged walls. He measured the lenght of the walls across the bay, but accurate measurements of the width and height of the walls were impossible due to the poor preservation of the walls and to the thick mud and sand sediment in the bay. The salt works remained operational until the 16th century. The rising the sea level must have made the maintenance no longer possible. Stone quarrying was another aspect of the island economy, which lasted well into the modern era. St. Clement, after whom the island is named, has been considered locally the patron saint of stonecutters. This was another island resource that was most economically transported by sea. At the beginning of the 5th century the navigation-route on the Adriatic becomes exceptionally important because of dangerous land routes and therefore important late antique settlements develop along this navigation-route. They develop on the long navigation routes and also along the coastal routes. The best known among them and explored at least to some extend are Epidaurum, Rausion, Polače on the island of Mljet, Vela Luka on the island of Korčula, Hvar on the island of Hvar, Soline bay on the island of St. Clement, Split, Novalja on the island of Pag, Korintija on the island Krk and Kastrum on the islands of Brioni, etc. These were safe harbours for travelers and the transit of ships, some meant for the long stay, even through the winter time. They were naval base and fortified settlements very important in late antique economy. In the course of the ongoing research project “Archaeological Topography of Croatia” the application of new GIS procedure made it possible to make reconstructions of late antique navigation routes on the base of archaeological sites on the eastern Adriatic Coast.

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Acts of law KONSTYTUCJA Rzeczypospolitej Polskiej z dnia 2 kwietnia 1997 r. (Constitution of the Republic of Poland of 2nd April 1997) O.J. of 1997 No. 78, item 483, (Pol.) USTAWA z dnia 23 kwietnia 1964 r. Kodeks Cywilny (The Act of 23rd April 1964, Civil Code). O.J. of 2013, item 121, (Pol.). USTAWA z dnia 19 października 1991 r. o gospodarowaniu nieruchomościami rolnymi Skarbu Państwa (ACT of 19th October 1991 on management of the agricultural real properties of the State Tresury) O.J. of 2012, item 1187, (Pol.). USTAWA z dnia 7 lipca 1994 roku Prawo budowlane (The Act of 7th July 1994, Construction Law). O.J. of 2013, item 1409, (Pol.). USTAWA z dnia 3 lutego 1995 r. o ochronie gruntów rolnych i leśnych (The Act of 3rd February 1995 on protection of agrocultural and forest land), O.J. of 1995 No 16, item. 78,(Pol.). USTAWA z dnia 21 sierpnia 1997r. o gospodarce nieruchomościami. (Act of 21st August 1997 Real Property Management, O.J. 2014 item 518,(Pol.). USTAWA z dnia 27 kwietnia 2001 r. Prawo ochrony środowiska (Act of 27th April 2001 Environmental Protection Law) O.J. of 2008 No 25, item 150, (Pol.). USTAWA z dnia 18 lipca 2001 r. Prawo wodne (Act of 18th July 2001 Water Law) O.J. of 2001 No 115, item 1229, (Pol.). USTAWA z dnia 27 marca 2003 r. o planowaniu i zagospodarowaniu przestrzennym (Act of 27th March 2003 on Spatial Planning and Development,), O.J. 2012, item 647,(Pol.). USTAWA z dnia 23 lipca 2003 r. o ochronie zabytków i opiece nad zabytkami ( Act of 23rd July 2003 on the protection and conservation of monuments), O.J. of 2003 No 162, item 1568,(Pol.) USTAWA z dnia 28 listopada 2003 r. o zmianie ustawy o gospodarce nieruchomościami oraz o zmianie niektórych innych ustaw. (Act of 28th November 2003 on amendment of the Real Property Management Act and certain acts,) O.J. 2004 No. 141, item 1492, (Pol.). USTAWA z dnia 16 kwietnia 2004 r. o ochronie przyrody (Act of 16th April 2004 on Nature conservation) O.J. of 2004 No 92, item 880, (Pol.) USTAWA z dnia 4 marca 2010 r. o infrastrukturze informacji przestrzennej (Act of 4th March 2010 on spatial information infrastructure) O.J. 2010 No. 76, item. 489 (Pol.) USTAWA z dnia 15 kwietnia 2011 r. o działalności leczniczej (Act of 15th April 2011 on medical activity) O.J. of 2011 No 112, item 654, (Pol.) USTAWA z dnia 26 maja 2011 r. o zmianie ustawy o planowaniu i zagospodarowaniu przestrzennym (Act of 26th May 2011 on amendment of the Spatial Planning and Development Act,) O.J. 2011 No. 153, item 901,(Pol.). ROZPORZĄDZENIE, 2004. Rozporządzenie Rady Ministrów z dnia 14 lipca 2011r. zmieniające rozporządzenie w sprawie wyceny nieruchomości i sporządzania operatu szacunkowego Dz. U. Nr 165, poz. 985. (Regulation of the Council of Ministers of 21st September 2004 on real property appraisal and appraisal study preparation), O.J. of 2004 No. 207, item 2109, (Pol.). ROZPORZĄDZENIE, 2011. Rozporządzenie Rady Ministrów z dnia 14 lipca 2011r. zmieniające rozporządzenie w sprawie wyceny nieruchomości i sporządzania operatu szacunkowego. (Regulation of the Council of Ministers of 14th July 2011 on amendment of the Regulation of the Council of Ministers on real property appraisal and appraisal study preparation,) O.J. of 2011No. 165, item 985), (Pol.). ROZPORZĄDZENIE Rady Ministrów z dnia 3 października 2011 r. w sprawie rodzajów kartograficznych opracowan tematycznych i specjalnych (Regulation of the

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Council of Ministers of 3rd October 2011 on the types of cartographic thematic and specialist products), O.J. of 2011 No. 222, item 1328, (Pol.) ROZPORZĄDZENIE Ministra Rolnictwa i Rozwoju Wsi z dnia 30 kwietnia 2012 r. w sprawie szczegółowego trybu sprzedaży nieruchomosci Zasobu Własności Rolnej Skarbu Panstwa i ich części składowych, warunków obniżenia ceny sprzedaży nieruchomosci wpisanej do rejestru zabytków oraz stawek szacunkowych gruntu (Regulation by the Minister of Agriculture and Rural Development of 30th April 2012 on the detailed procedure for sale of the real properties of the Resource of Agricultural Property of State Treasury and their components, conditions for decreasing sale prices of real property registered with the register of monuments and estimated rates for land) O.J. of 2012, item 540, (Pol.). UCHWAŁA Nr XII/87/03 Rady Miasta Krakowa z dnia 16 kwietnia 2003 r. w sprawie uchwalenia Studium Uwarunkowań i Kierunków Zagospodarowania Przestrzennego Miasta Krakowa UCHWAŁA nr XI/80/07 Rady Gminy Liszki w sprawie miejscowego planu zagospodarowania przestrzennego gminy Liszki, Baczyn, Mników, Morawica, Cholerzyn, Budzyń, Kryspinów, Liszki UCHWAŁA nr LXXXI/1061/09 Rady Miasta Krakowa z dnia 23 września 2009 r. w sprawie uchwalenia miejscowego planu zagospodarowania przestrzennego obszaru "Ruszcza" - ogłoszona w Dzienniku Urzędowym Województwa Małopolskiego nr 631, poz. 4777 z dnia 9 października 2009 r. UCHWAŁA Nr XCIII/1256/10 Rady Miasta Krakowa z dnia 3 marca 2010 r. w sprawie uchwalenia zmiany Studium uwarunkowań i kierunków zagospodarowania przestrzennego Miasta Krakowa w rejonie Sanktuarium Bożego Miłosierdzia w Łagiewnikach oraz przyjęcia tekstu jednolitego Studium uwarunkowań i kierunków zagospodarowania przestrzennego Miasta Krakowa wynikającego z tej zmiany Studium UCHWAŁA nr XII/131/11 Rady Miasta Krakowa z dnia 13 kwietnia 2011 r. w sprawie uchwalenia miejscowego planu zagospodarowania przestrzennego obszaru "Stare Miasto" - ogłoszona w Dzienniku Urzędowym Województwa Małopolskiego nr 255, poz. 2059 z dnia 17 maja 2011 r. UCHWAŁA (2012a) nr LII/688/12 Rady Miasta Krakowa z dnia 11 lipca 2012 r. w sprawie uchwalenia miejscowego planu zagospodarowania przestrzennego obszaru "Żabiniec-Południe" - ogłoszona w Dzienniku Urzędowym Województwa Małopolskiego z dnia 24 lipca 2012 r. poz. 3652 UCHWAŁA (2012b) nr LXII/888/12 Rady Miasta Krakowa z dnia 5 grudnia 2012 r. w sprawie uchwalenia miejscowego planu zagospodarowania przestrzennego obszaru "Osiedle Oficerskie" - ogłoszona Dzienniku Urzędowym Województwa Małopolskiego z dnia 14 grudnia 2012 r. poz. 7281 UCHWAŁA (2013a) nr LXVIII/978/13 Rady Miasta Krakowa z dnia 27 lutego 2013 r. w sprawie uchwalenia miejscowego planu zagospodarowania przestrzennego obszaru "Piastowska" - ogłoszona w Dzienniku Urzędowym Województwa Małopolskiego z dnia 11 marca 2013 r. poz. 1976 UCHWAŁA (2013b) nr LXX/1007/13 Rady Miasta Krakowa z dnia 27 marca 2013 r. w sprawie uchwalenia miejscowego planu zagospodarowania przestrzennego obszaru "Bieńczyce-Osiedle" - ogłoszona w Dzienniku Urzędowym Województwa Małopolskiego z dnia 8 kwietnia 2013 r. poz. 2746 UCHWAŁA (2013c) nr XCII/1362/13 Rady Miasta Krakowa z dnia 4 grudnia 2013 r. w sprawie uchwalenia miejscowego planu zagospodarowania przestrzennego obszaru "Centrum Nowej Huty" w Krakowie - ogłoszona w Dzienniku Urzędowym Województwa Małopolskiego z dnia 16 grudnia 2013 r. Poz. 7596

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UCHWAŁA 5 sędziów NSA z dnia 17 maja 1999 r., OPK 17/98 (ONSA 1999, nr 4, poz. 121). (Resolution of 5 judges of the Supreme Administrative Court of 17th May 1999, ref. no. OPK 17/98 (ONSA 1999, no. 4, item 121)), (Pol.). UCHWAŁA 7 sędziów NSA z dnia 10 grudnia 2009r. sygn. II OPS 3/09 (ONSAiWSA 2010/2/22). (Resolution of 7 judges of the Supreme Administrative Court of 10th December 2009, ref. no. II OPS 3/09 (ONSA & WSA 2010/2/22)),(Pol.). WYROK Wojewódzkiego Sądu Administracyjnego w Warszawie z dnia 13 lipca 2005 r. sygn. akt IV SA/Wa 316/05 (Judgement of the Voivodeship Administrative Court in Warsaw of 13 July 2005, sign. IV SA/Wa 316/05), LEX No 190735,(Pol.). WYROK Wojewódzkiego Sądu Administracyjnego w Krakowie z dnia 19 listopada 2010r. Sygn. akt II SA/Kr 998/10. (Judgement of the Voivodeship Administrative Court in Krakow of 19th November 2010, file ref. no. II SA/Kr 998/10), LEX No 753734, (Pol.). COMMISSION DECISION of 5 June 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards monitoring and reporting (2009/442/EC) COMMISSION REGULATION (EC) No 1205/2008 of 3 December 2008 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards metadata. Commission Regulation (EC) No 976/2009 of 19 October 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the Network Services Directive INSPIRE 2007/2/EC of the European Parliament and of the Council of 14 March 2007 establishing an Infrastructure for Spatial Information in the European Community (INSPIRE) Cases: Mary Jean MURRAY et al., and Nancy Jeanne M. Droubay et al., Plaintiffs, v. UNITED STATES of America, Defendant, 327 F. Supp. 835 (D. Utah 1971), available at: https://www.courtlistener.com/utd/8qUG/murray-v-united-states/ Gertrude REMINGA, Executrix of the Estate of Thomas H. Reminga, Deceased, and Barbara Sue Breeden, Executrix of the Estate of James Robert Breeden, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant, 448 F.Supp. 445 (1978), available at: http://www.leagle.com/decision/1978893448FSupp445_1808.xml/REMING A%20v.%20UNITED%20STATES AETNA CASUALTY AND SURETY COMPANY, a Connecticut Corporation, et al., Plaintiffs, v. JEPPESEN & COMPANY, a Colorado Corporation, Defendant, 463 F.Supp. 94 (D. Nevada 1978); 642 F.2d 339; 1981 U.S. App. LEXIS 14149; 31 Fed. R. Serv. 2d (Callaghan) 811; 16 Av. Cas. (CCH) P17,644, available at: http://www.leagletax.com/decision/1978557463FSupp94_1536.xml/AETN A%20CAS.%20&%20SUR.%20CO.%20v.%20JEPPESEN%20&%20CO and http://courses.ischool.berkeley.edu/i205/s05/Aetna%20v.%20Jeppesen.pdf Katherine H. SALOOMEY, Administratrix, Estate of Willard Vernon Wahlund, Deceased, Plaintiff-Appellee, v. JEPPESEN & CO., Defendant-Appellant. Peter C. HALSTEAD, Administrator, Estate of Erik F. Wahlund, Deceased, Plaintiff- Appellee, v. JEPPESEN & CO., Defendant-Appellant; 707 F.2d 671 (1983); available at: http://www.leagle.com/decision/19831378707F2d671_11242.xml/SALOO MEY%20v.%20JEPPESEN%20&%20CO Barbara A. BROCKLESBY, et al., Plaintiffs-Appellees, v. UNITED STATES of America, Defendant-Appellee, and Jeppesen and Company, Defendant-Appellant; 767 F.2d 1288; available at: http://openjurist.org/767/f2d/1288

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Judgement Cass. Civ., Chapt. III, 2938/75 V. Cassazione civile, sez. I I I , 2 febbraio 2005, n. 2042 V. Cassazione civile, sez. I I , 23 aprile 2002, n. 5928 V. Cassazione civile, sez. I I I , 15 gennaio 2001, n. 499

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LIST OF FIGURES

Fig. 1. Data quality evaluation methods...... 8 Fig. 2. Analysed data...... 9 Fig. 3. Steps of geospatial data quality control...... 10 Fig. 4. Omission and commission of buildings. In blue are buildings stored in BDOT database, in red – in Lands and Buildings Register...... 11 Fig. 5. Positional accuracy of buildings location...... 11 Fig. 6. Errors in assigning address points to buildings...... 12 Fig. 7. Building objects: a) in BDOT data, b) and c) in real world ...... 12 Fig. 8. Examples of model fragment of planning space ...... 17 Fig. 9. Examples of situations requiring modification pattern ...... 18 Fig. 10. Arrangement of analyzed land use plans in Krakow ...... 20 Fig. 11. Histortical centre of Krakow a) setting centre of town-planning arrangement of Krakow Great Foundation b)ortohfotomap from 2009 roku, c)study plan of conditions and spatial development of Krakow – previous lands destination ...... 21 Fig. 12. Land use plan for area „Nowa Huta Centre” ...... 22 Fig. 13. Fragment of land use plan for area „Ruszcza” ...... 23 Fig. 14. Fragment of land use plan for area „Żabiniec-Południe” ...... 23 Fig. 15. Fragment of land use plan for area „Osiedle Oficerskie” ...... 24 Fig. 16. Fragment of land use plan for area „Bieńczyce-Osiedle” ...... 25 Fig. 17. Fragment of land use plan for area „Piastowska” ...... 25 Fig. 18. Algorithm for determination of increase in real property value resulting from local spatial development plan adoption...... 31 Fig. 19. Map of average transaction prices for undeveloped agricultural real properties 1 ha to 5 ha in size in case of sale to the current tenants...... 39 Fig. 20. Map of average transaction prices for real properties 1 ha to 5 ha in size sold through open tender...... 39 Fig. 21. Map of average transaction prices for real properties 1ha to 5 ha in size sold through restricted tender...... 40 Fig. 22. Map of average transaction prices for undeveloped agricultural real properties 5 ha to 20 ha in size in case of sale to the current tenants...... 40 Fig. 23. Map of average transaction prices for real properties 5 ha to 20 ha in size sold through open tender...... 41 Fig. 24. Map of average transaction prices for real properties 5 ha to 20 ha in size sold through restricted tender...... 41 Fig. 25. Map of average transaction prices for undeveloped agricultural real properties 20 ha to 50 ha in size in case of sale to the current tenants...... 42 Fig. 26. Map of average transaction prices for real properties 20 ha to 50 ha in size sold through open tender...... 42 Fig. 27. Map of average transaction prices for real properties 20 ha to 50 ha in size sold through restricted tender...... 42 Fig. 28. Map of average transaction prices for undeveloped agricultural real properties over 50 ha sold to the current tenants...... 43 Fig. 29. Map of average transaction prices for real properties over 50 ha sold through open tender...... 43 Fig. 30. Map of average transaction prices for undeveloped agricultural real properties over 50 ha sold according to the restricted tender procedure...... 44 Fig. 31. Benchmarks for Zagreb smart city ranked on http://www.smart-cities.eu/ranking.html ...... 45 Fig. 32. First 20 smart cities ranked on http://www.smart-cities.eu/ranking.html ...... 46 Fig. 33. Development Strategy of the City of Zagreb (ZagrebPlan) ...... 47 Fig. 34. First gas mantles in Zagreb got back in the 1863rd year in parts of the Upper and Lower Town ...... 48 Fig. 35. Use of full cutoff lighting fixtures for the reduction of light pollution ...... 49 Fig. 36. Zagreb LED public lighting ...... 49 Fig. 37. Street lighting ...... 50

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Fig. 38. Snapshot of VodGIS main working screen – showing existing position of poles and electricity distribution lines ...... 52 Fig. 39. VodGIS – predefined styles for the object class Pole ...... 53 Fig. 40. VodGIS – predefined styles for the object class Lighting site (luminary) ...... 54 Fig. 41. VodGIS – presentation of Poles and Lighting sites (luminary) ...... 55 Fig. 42. Interoperability initiatives supporting the establishment of European public services. 57 Fig. 43. The scope of research ...... 59 Fig. 44. Interface of Polish geoportal ...... 62 Fig. 45. Polish map service...... 62 Fig. 46. Interface of Dutch geoportal ...... 63 Fig. 47. PDOK (Publieke Dienstverlening Op de Kaart), the Dutch map service...... 63 Fig. 48. Visualization of cadastral data in Kademo-Lab...... 64 Fig. 49. Interface of Slovak geoportal ...... 64 Fig. 50. Slovak map service...... 65 Fig. 51. The functionality rating of the national geoportals...... 67 Fig. 52. List of measurements of the speed resource loading in selected geoportals...... 68 Fig. 54. The grasses of Koeleria glauca (a) and Corynephorus canescens (b)...... 85 Fig. 53. The courses of succession in former military training ground...... 86 Fig. 55. Artificial pine plantation whitin Calluna vulgaris community...... 87 Fig. 56. Pines forest in boarder of military training (a) ground and remnants of singles pines after forest degradation (b)...... 88 Fig. 57. Preserved podzol soil in the undisturbed area of training ground...... 89 Fig. 58. Map of Soline ...... 91 Fig. 59. Mosaic ...... 92 Fig. 60. Soline view ...... 95 Fig. 61. Aerial photo of Madona Bay...... 96

110

LIST OF TABLES Table 1. Descriptive characteristic of evaluated data ...... 9 Table 2. Results of BDOT quality assessment ...... 13 Table 3. Characteristic of analyzed land use plans ...... 19 Table 4. Analysis of regulations defining the principles of real property value determination for zoning fee purposes...... 32 Table 5. Political and socio-economic situation ...... 60 Table 6. National Spatial Data Infrastructure - basic information ...... 61 Table 7. Functionality of selected geoportals ...... 66 Table 8. List of the rate measurements data loading in the geoportals ...... 68 Table 9. List of websites emergency situations ...... 69 Table 10. Implementation indicators of data, metadata and services according to annexes of the INSPIRE Directive ...... 71 Table 11. Some chemical and physical features of soil...... 89

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NOTES ON THE SCIENTIFIC EDITORS

Ryszard Źróbek, Prof. Department of Real Estate Resources Faculty of Geodesy and Land Management University of Warmia and Mazury Olsztyn, Poland e-mail: [email protected]

Doctorate (PhD) in Engineer Science (Dr-Ing) in 1983 at the Academy of Agriculture and Technology in Olsztyn; Higher Doctorate (HD) Examination on a thesis presented to qualifying oneself as assistant professor in 1995 at the Academy of Agriculture and Technology in Olsztyn; Professor in 2001 in University of Warmia and Mazury in Olsztyn. Present Position: The Chair of the Real Estate Resources Department at University of Warmia and Mazury in Olsztyn; Faculty of Geodesy and Land Management, Member of the Faculty Board and the University Senate. Selected professional achievements He completed among others postgraduate training ELIS at UT Delft - Netherlands. Has professional qualifications of property valuation, real estate management, geodesy and cartography. Author and co-author of over 100 scientific articles related to the estimation and analysis of real estate markets. Co-author of textbooks and scripts in this area. The participant of many international academic internships (Czech Republic, the Netherlands, Germany, USA, United Kingdom) and lectures speaker at foreign research centers among others in Brazil and Vietnam. The holder of 10 awards of the President of the University of Warmia and Mazury in Olsztyn for scientific and didactic activity. Since 1990, he has actively participated in the creation of property valuer profession in Poland. Author of many expertise in the field of property valuation. In 1992-2000 editor-in-chief of the magazine "Valuation". Since 1995, member of the Editorial Board of the journal "Real Estate Management and Valuation", and since 2010 editor-in-chief of the journal “Acta Scientiarum Polonorum Administratio Locorum”. Discipline and scientific specialization: technology science; geodesy and cartography; real estate management. Topics of scientific research: the development and application of spatial information systems; property management systems analysis; legal relations on the economy and real estate management; specificity of underground economy in the peripheral areas of cities; specificity of property valuation, cost approach; principles of public real estate resources management; the basis of urbanized property valuation; procedures for revitalization and urban management.

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Agnieszka Dawidowicz, Ph.D. Department of Real Estate Resources Faculty of Geodesy and Land Management University of Warmia and Mazury Olsztyn, Poland e-mail: [email protected]

An Assistant Professor working in Department of Real Estate Resources, Faculty of Geodesy and Land Management, University of Warmia and Mazury in Olsztyn, Poland. She holds a PhD in Real Estate Cadastre from the University of Warmia and Mazury. She also holds degrees in Engineering (Land Management) Science (Geodesy and Cartography) from the same institution. From the University of Warmia and Mazury in Olsztyn she holds a university teaching qualification. Her research focuses on technological and functional development of cadastres and land administration systems. She is currently working on methodology for testing the flexibility of the land administration systems. She is an expert in GIS and other spatial information systems. She participated in scientific and teaching trainings in Germany (Leibnitz University of Hannover) and in the Netherlands (University of Twente). She is also a scientific secretary of the board and the editorial team of Journal “Acta Scientiarum Polonorum Administratio Locorum” (eng. Real Estate Management). Agnieszka Dawidowicz acts as a reviewer on many journal and conference series.

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NOTES ON THE AUTHORS

Tomasz Adamczyk, Ph. D. AGH University of Science and Technology Faculty of Mining Surveying and Environmental Engineering Krakow, Poland e-mail: [email protected]

Tomasz Adamczyk received his PhD degree in real estate management from AGH University of Science and Technology in Cracow, Poland. He currently works as a lecturer and researcher in the Department of Geomatics at the Faculty of Mining Surveying and Environmental Engineering, AGH Cracow. His research interests include real estate management, cadaster, statistical models in surveying and in real estate valuation. The current activities concern problems of valuation, his research is focused on application of the cost approach in estimating market value. He is a member of Polish Real Estate Scientific Society. The work is financed from funds for science realized at AGH University of Science and Technology, Department of Geomatics, allocated for the year 2014.

Vlasta Begović, Ph. D. Institute of Archaeology Zagreb, Croatia e-mail: [email protected]

Vlasta Begović was born in Zagreb, in 1950, where she graduated from the School of Architecture, University of Zagreb. She has an M.A. in architecture and urban studies from ICCROM, UNESCO's centre in Rome and the School of Architecture in Zagreb. Her Master's thesis dealt with the Roman villa in Verige Bay on Brioni. She has attended the course “Conservation of historic structures” at the Institute of Advanced Architectural Studies, University of York, England. She holds a Ph.D. from the Faculty of Humanities and Social Sciences in Zagreb, with the dissertation on the Roman and late-antique architecture on Brioni. She has worked on projects in revitalization of historical towns and fortress and on arheological excavations and underwater explorations in her position in the State Agency for the Protection of Cultural Heritage in Zagreb, from 1974 to 1991, and in the Ministry of Culture from 1991 to 2000. From 2000 to 2014, she has worked in the Institute of Archeology, in the Ministry of Science. She is the author of several exhibits on the architectural heritage of Brioni in Denmark, Italy and USA. Since 1996 she has worked as a visiting lecturer in architectural history on the University of Zagreb, Croatian Studies and University of Rijeka, Faculty of Humanities and Social Sciences, Department of Art History. She is the co-author with Ivančica Schrunk of the book, „Brijuni“ and „The Brioni islands“. Presently she is the leader of the scientific project, „Ancient Archeological Topography of Croatia“ in the Institute of Archeology.

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Agnieszka Bieda, Ph. D. AGH University of Science and Technology Faculty of Mining Surveying and Environmental Engineering Krakow, Poland e-mail: [email protected]

Agnieszka Bieda obtained PhD at the Faculty of Mining Surveying and Environmental Engineering, AGH University of Science and Technology in Cracow, Poland. She is a faculty members since 2011 and works in the Department of Geomatics as a lecturer and researcher. Her interests are cadastre, real estate management and spatial planning. The recent activites concern problems of establishing river cadastral boundaries and its changes in time. She is a member of Polish Real Estate Scientific Society and Polish Association of Surveyors. She is also the editorial committee secretary of scientific journal "Geomatics and Environmental Engineering". The work is financed from funds for science realized at AGH University of Science and Technology, Department of Geomatics, allocated for the year 2014.

Elżbieta Bielecka, Ph.D. GIS Department Faculty of Civil Engineering and Geodesy, Military University of Technology Warsaw, Poland e-mail: [email protected]

Prof. Elzbieta Bielecka research interests focus on: − Geographic Information Science and Technology (GIS&T), − geographic data quality (especially methods and measures for assessing fitness for purpose, quality visualization, VGI quality), − computational, cognitive and visual representation and analysis of geographic data and information, especially in land use and land cover; − geographic data and information modeling (ISO standards, SDI, data integration and harmonisatiom). She managed many national and international projects on applications of GIS in environmental monitoring, agriculture, geodesy, and cartography. The author of dozens research papers, co- author of several monographs, and the author of two textbooks. Member of many national and international bodies e.g. INSPIRE TWG Land Cover. This work was founded by the statutory research no. PBS/854/2013, conducted at the Military University of Technology, Faculty of Civil Engineering and Geodesy, Institute of Geodesy

115

Piotr Bugaj, B.Eng. Faculty of Geodesy and Land Managment University of Warmia and Mazury Olsztyn, Poland e-mail: [email protected]

A student of master's degree of Spatial Management with specialization Real Estate Management at the Faculty of Geodesy and Land Management at the University of Warmia and Masuria in Olsztyn. In 2014 he graduated with a engineer's degree of specialization Planning and Spatial Engineering Management at the University of Warmia and Masuria in Olsztyn. He participated in many national student conferences of a urban planning and environmental. The main scientific interests is the use of GIS in spatial planning, urban planning and development of SDI systems.

Agnieszka Dawidowicz, Ph.D. Department of Real Estate Resources University of Warmia and Mazury Olsztyn, Poland e-mail: [email protected]

Irena Džunić, Dipl. Ing. City office for Cadastre and Geodetic activities City of Zagreb Zagreb, Croatia e-mail: [email protected]

Field of my work is performing tasks related to the application of geoinformation technologies in the process of establishing and developing management systems for geodetic and cadastral databases from which data is collected and stored in accordance with Croatian state regulations. It also include activities related to digitization, spatial data analysis and statistics, quality improvement and homogenization of digital cadastral plan, activities supporting the development and proposing measures for improvement of geoinformation system, tasks on establishing, managing and maintaining the Register of Spatial Units for the City of Zagreb, data processing and preparation, production of spatial base maps for the City and other users and issuing various statements from digital database. For a specified area, with a proper quality and dynamics of execution, planning user management prior digitization and efficiently resolving input processes into the system for utility data management -VodGIS system is also part of my daily job description

116

Małgorzata Gajos, Ph. D. Faculty of Computer Science and Materials Science University of Silesia Sosnowiec, Poland e-mail: [email protected]

Doctor of Information Science at Department of Computer Science and Material Science, University of Silesia in Katowice, Poland. She is informatologist, with a particular focus on geoinformation and patent information. She has special expertise in Geographical Information Systems. She is a member among others of International Society for Knowledge Organization, Polish Society of Scientific Information, Polish Association for Spatial Information and SILGIS Association. She co-organizes Geographical Information Systems International Conferences and Exhibitions. She participated in the implementation of seven tasks in the project University as a Partner in Knowledge-Based Economy, co-financed by the European Union under the European Social Foundation. She is realising project ISS-EWATUS (Integrated Support System for Efficient Water Usage and Resources Management) which has received funding from the European Union's Seventh Framework Programme for research, technological development and demonstration.

Marlena Jankowska, Ph.D. Department of Private Law and Private International Law, Faculty of Law and Administration, University of Silesia Katowice, Poland e-mail: [email protected]

Doctor of Juridical Sciences, assistant professor at the Department of Private Law and Private International Law at the Faculty of Law and Administration at the University of Silesia in Katowice. Has postgraduate degree in the copyright, press, and publishing law at Jagiellonian University (Intellectual Property Law Institute), as well as has graduated from the German Law School organised by the University in Heidelberg, Johannes Gutenberg University of Mainz and Jagiellonian University in Kraków. Her areas of scientific interest include foremost the intellectual property law (PhD dissertation entitled “Author and right to authorship”, 555 pp., published by Wolters Kluwer, 2011), and also energy law, and broadly understood private and commercial law. Since 2013 Marlena Jankowska is an active member of BILETA (British and Irish Law Education and Technology Association), ATRIP (International Association for the Advancement of Teaching and Research in Intellectual Property), SILGIS, and also the Council Member for the Polish Foundation of Competition Law and Sector Regulation. She is also a co- editor and co-author of the newly published book “Geoinformation. Law and practice”, 232 pp., published by Wydawnictwo Polskiej Fundacji Prawa Konkurencji i Regulacji Sektorowej Ius Publicum, 2014.

117

Davorin Kereković Croatian Information Technology Society GIS Forum Zagreb, Croatia e-mail: [email protected]

Davorin Kereković was born in Zagreb, where he graduated BA at University of Zagreb, Sociology and Philosophy.Work experience started on urban revitalisation projects,after that carier continued with GIS projects in INA. During war in Croatia 1991 - 1995 author designed own method for cultural heritage reconstruction and management “BIS Machine”. Last years he spend on introduction new technologies in art design and stone craft production. He prepared numerous exhibition of cartografphy, art photographies, sculptures and space instalations. D.K. was editor of more than 20 monographies dealing with GIS on various field of research - from geodesy to ecology and reconstruction projects.

Katarzyna Krukowska, B.Eng. Faculty of Geodesy and Land Managment University of Warmia and Mazury Olsztyn, Poland e-mail: [email protected]

A student of masters degree of Spatial Management with specialization Real Estate Management at the Faculty of Geodesy and Land Management at the University of Warmia and Masuria in Olsztyn. In 2014 she graduated with a engineer’s degree of specialization Planning and Spatial Engineering. Vice President of Student Scientific Association of Land Management operating at the Faculty of Geodesy and Land Management. She participated in many national student conferences of a urban planning and environmental. The main scientific interests is the use of GIS in spatial planning, urban planning and development of SDI systems.

Hubert Kryszk, Ph.D. Faculty of Geodesy and Land Management University of Warmia and Mazury in Olsztyn Olsztyn, Poland e-mail: [email protected]

Hubert KRYSZK PhD, Eng. Department of Planning and Spatial Engineering, Faculty of Geodesy and Land Management University of Warmia and Mazury in Olsztyn, ul. Prawocheńskiego 15, Zip code: 10-724, City: Olsztyn, State: Poland. e-mail: [email protected] Tel. +48 89 523 42 09, Fax +48 89 5240648. Scientific investigation area: GIS, property valuation, renewable energy, development of rural areas.

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The work was prepared as part of a project on "Spatial analysis of prices of agricultural properties that are in the APA (ANR) resource using GIS tools", Contract No. 02/SFKiW/2014

Krystyna Kurowska, Ph.D. Faculty of Geodesy and Land Management University of Warmia and Mazury in Olsztyn Olsztyn, Poland e-mail: [email protected]

Krystyna KUROWSKA, PhD, Eng. Department of Planning and Spatial Engineering, Faculty of Geodesy and Land Management University of Warmia and Mazury in Olsztyn, ul. Prawocheńskiego 15, Zip code: 10-724, City: Olsztyn, State: Poland. e-mail: [email protected] Tel. +48 89 523 42 81, Fax +48 89 524 06 48 Scientific investigation area: development of rural areas, spatial planning, GIS, environmental protection, renewable energy The work was prepared as part of a project on "Spatial analysis of prices of agricultural properties that are in the APA (ANR) resource using GIS tools", Contract No. 02/SFKiW/2014

Piotr Parzych, Assoc. Prof. AGH University of Science and Technology Department of Geomatics Kraków, Poland e-mail: [email protected]

Piotr Parzych obtained PhD in the year 2000 and habilitation degree in 2010 at the Faculty of Mining Surveying and Environmental Engineering, AGH University of Science and Technology in Cracow, Poland. At 2010, Piotr Parzych was granted the position of associate professor at the Department of Geomatics at AGH-UST. Since 2012 he is the head of this department. Piotr Parzych is a member of scientific council of Polish Real Estate Scientific Society and editor-in- chief of scientific journal “Geomatics and Environmental Engineering”. His scope of interests are cadastre land management and real estates valuation. The work is financed from funds for science realized at AGH University of Science and Technology, Department of Geomatics, allocated for the year 2014.

Oimahmad Rahmonov, Prof. dr. Department of Physical Geography, Faculty of Earth Sciences University of Silesia Sosnowiec, Poland e-mail: [email protected]

Oimahmad Rahmonov – was born in Artuch (Tajikistan). He studied at the Faculty of Biology

119 and Environmental Protection in University of Silesia. His doctoral dissertation and habilitation include the issues of the relationship between vegetation succession and the soil forming processes on sandy areas. He has published numerous publications in the field of vegetation ecology, soil science and environmental protection. Scientific interest mainly relate to the formation and functioning of an ecological systems in different climatic zones. He is a professor at the University of Silesia, teaches and works at the Faculty of Earth Sciences.

Ivančica Schrunk, University of St. Thomas St Paul, USA USA - 55105 Minnesota

Ivančica Schrunk was born in Zagreb, in 1948, where she graduated from classical High School and is a graduate in archaeology and classical philology from the Faculty of Philosophy, University of Zagreb. She holds an MA and Ph.D from the University of Minnesota, with the dissertation on Roman pottery from Diocletian's Palace in Split. From 1975 to 1996 she lectured in classical archaeology, Greek and Latin, and Croatian language at the University of Minnesota in Minneapolis and at MacAlester College in St. Paul. Since 1994 she had lectured in ancient history and archaeology at the University of St Thomas in St. Paul and has been a visiting lecturer in ancient art history at the University of Minnesota. She worked on archaeological projects in Croatia, Syria, Tunisia and Egypt. She has published articles on production and trade of Roman pottery in Dalmatia and Egypt, in Croatian and American periodicals.

Ewelina Wójciak, M.Sc. AGH University of Science and Technology Department of Geomatics Kraków, Poland e-mail: [email protected]

A property appraiser, analyst and real estate market advisor. In scientific research focuses on real estate market issues from the perspective of land and building register, including property evaluation. The author of numerous theses on property evaluation for special purposes and land property market analyses. At present deals with spatial modelling of transactional prices of land properties for the needs of the land value maps. The work is financed from funds for science realized at AGH University of Science and Technology, Department of Geomatics, allocated for the year 2014.

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Ryszard Źróbek, Prof. Department of Real Estate Resources University of Warmia and Mazury Olsztyn, Poland e-mail: [email protected]

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