Odra River Basin Flood Protection Project Public Disclosure Authorized
Total Page:16
File Type:pdf, Size:1020Kb
Regional Authority for Water Management in Gliwice Project Implementation Unit - Racibórz Dolny Dry Polder in Racibórz SFG2409 V3 Public Disclosure Authorized Resettlement Action Plan Racibórz Dolny Dry Polder in Racibórz Public Disclosure Authorized Poland – Odra River Basin Flood Protection Project Public Disclosure Authorized Public Disclosure Authorized Original: August 2005 Updated on 2010, 2014 Most Recent Update on March 2015 1 Regional Authority for Water Management in Gliwice Project Implementation Unit - Racibórz Dolny Dry Polder in Racibórz Content Introduction 7 Resettlement Plan. 7 Justification of the RAP update - March 2015 7 Construction of Raciborz Dolny Flood Protection Reservoir (polder) 8 1 General characteristics of the Flood Protection Reservoir Project 10 1.1 Project description 10 1.1.1 Background 10 1.1.2 The existing flood protection system 11 1.1.3 The planned Racibórz flood protection reservoir 11 1.1.4 Objective of reservoir construction 15 1.1.5 Social consequences of reservoir construction 16 1.2 Area of the planned reservoir 16 1.2.1 Total reservoir area 16 1.2.2 Land required for reservoir implementation - land for construction structures 17 1.2.3 Land required for investment implementation 17 1.2.4 Land required for reservoir functioning -– forest and agricultural areas in the reservoir bowl 18 1.3 Administrative decisions issued 20 2 Socioeconomic analysis 23 2.1 Socioeconomic data 23 2.1.1 Villages and their history 23 2.1.2 Population and demography 24 2.1.3 Economy and employment 25 2.1.4 Land use 30 2.1.5 Technical infrastructure 31 2.1.6 Access and transport 32 2.1.7 Public services 33 2.1.8 Education and healthcare 33 2.1.9 Church and cemetery 34 2.1.10 Historical and cultural sites 36 2.2 Buildings 36 2.2.1 Residential buildings 37 2.2.2 Farm and ancillary buildings 37 2.2.3 Commercial buildings 40 2 Regional Authority for Water Management in Gliwice Project Implementation Unit - Racibórz Dolny Dry Polder in Racibórz 2.2.4 Public utility buildings 40 2.3 Natural resources 41 2.3.1 Woodland habitats 41 2.3.2 Aggregate excavation 41 2.3.3 Tourist values 42 2.4 Categories of affected population 42 2.4.1 Residents - Project-Affected Persons (PAP) 42 2.4.2 Residents - Project-Affected Families (PAF) 45 2.4.3 Land owners 45 2.4.4 Enterprises 46 2.4.5 Lubomia Commune 47 2.4.6 Religious sites 47 2.4.7 ARKA shelter for the homeless 47 2.4.8 The House of Bread 47 2.5 Public consultations and report availability 48 2.5.1 Background 48 2.5.2 Residents’ opinion polls 48 2.5.3 Public meetings with Nieboczowy and Ligota Tworkowska residents 49 2.5.4 Notification of investment 54 2.5.5 Defence Committee 55 2.5.6 Land owners from outside the reservoir area 57 2.5.7 Individual consultations with owners of the sold properties 57 2.5.8 Process of RAP publication 59 3 Legal Framework 61 3.1 Introduction 61 3.2 Polish law applicable to resettlement 61 3.2.1 Definitions 61 3.2.2 Legislation 61 3.2.3 Voluntary resettlement 61 3.2.4 Involuntary resettlement 62 3.3 World Bank’s policies 63 3.3.1 Objectives 63 3.3.2 Eligibility 64 3.3.3 Compensation 64 3.4 Gaps between the national law and World Bank policies 64 3.4.1 Eligibility 64 3.4.2 Compensation 64 3.4.3 Adoption of World Bank Policies 65 3.5 Proposed entitlement policy 65 3.5.1 Eligibility 65 3.5.2 Compensation 65 3.6 Method of evaluation 66 3.6.1 Legal aspects 66 3 Regional Authority for Water Management in Gliwice Project Implementation Unit - Racibórz Dolny Dry Polder in Racibórz 3.6.2 Method 66 3.6.3 Houses already purchased 66 3.7 Compensation entitlements 66 3.7.1 Residents 66 3.7.2 Owners of farm and forest land 67 3.7.3 Leaseholders and other affected persons 68 3.7.4 Enterprise owners and employees 68 3.7.5 Religious sites 68 3.7.6 Summary 68 4 Action Plan Implementation 71 4.1 Purchase of properties developed with residential buildings 71 4.1.1 Voluntary house purchase (negotiation purchase) 71 4.1.2 Removal of rights to the property in administrative proceedings (expropriation) 75 4.1.3 Illegal occupiers, unregulated legal status 78 4.2 Other properties in the area of investment 78 4.2.1 Land necessary for implementation of the investment 79 4.2.2 Lands necessary for operation of the investment 79 4.2.3 The process of acquiring land necessary for implementation of the investment until the date of final decision to permit implementation of the investment. 80 4.2.4 Acquisition of the State Treasury land necessary for implementation 80 4.3 Leaseholders 81 4.4 Purchase of enterprises 81 4.5 The tasks of institutions and authorities 81 4.5.1 RZGW 82 4.5.2 Voivodeship level 82 4.5.3 Starosty (Poviat) 83 4.5.4 State Poviat Sanitary Inspectorate 83 4.5.5 Municipality 84 4.5.6 Agriculture Properties Agency (ANR) 84 4.5.7 Church authorities (Curia) 84 4.6 Archaeological research 85 4.7 Coordination and management 93 5 Resettlement village 95 5.1 Introduction 95 5.2 Location description 95 5.3 Residential area concept 96 5.4 Construction options of the New Village 100 4 Regional Authority for Water Management in Gliwice Project Implementation Unit - Racibórz Dolny Dry Polder in Racibórz 5.4.1 Implementation variant of the New Village 100 5.5 External system of technical infrastructure associated with the construction of new village and necessary for its operation 101 5.6 Land in the New Village. 101 5.7 Resettlement 104 5.8 Investor in the New Village 109 5.9 Multi-family residential building. 110 5.10 Investment preparation status 111 5.11 Costs of new village construction 119 5.11.1 Land 120 5.11.2 The cost of single-family houses construction 120 5.11.3 Construction costs of public utility structures and facilities; apartments in multifamily (municipal) buildings 120 5.11.4 Construction costs of technical infrastructure structures and facilities 121 5.11.5 Summary 122 5.11.6 Reconstruction of other structures - Ligota Tworkowska 122 6 Cost estimates 124 6.1 General conditions 124 6.2 Residential houses and associated property 124 6.3 Residential area 127 6.4 Legal services, valuation and administration 127 6.5 Summary 128 6.6 Schedule 128 7 Participation and consultation during implementation 131 7.1 Communication 131 7.1.1 Written Communication 132 7.1.2 Press, radio and television 133 7.2 Festivals 133 8 Appeal measures 135 8.1 Appeal procedures in the Polish law 135 8.2 Complaints to international institutions 135 9 Monitoring and evaluation 137 5 Regional Authority for Water Management in Gliwice Project Implementation Unit - Racibórz Dolny Dry Polder in Racibórz 9.1 Monitoring 137 10 References 138 6 Regional Authority for Water Management in Gliwice Project Implementation Unit - Racibórz Dolny Dry Polder in Racibórz Introduction Resettlement Plan. The resettlement plan is the document updated in year 2010, adopted by the Polish Government as a party of the loan agreement dated May 11th, 2007 concluded with the International Bank for Reconstruction and Development for financing the construction of Racibórz reservoir. The Resettlement Action Plan is establishing the legal, economic, sociological and organizational frameworks for the resettlement of residents from the area of Reservoir Raciborz. This update of the Resettlement Plan (the previous update was developed as on 31.05.2014) was developed as on March 2015 due to the evolving preparation process of the investment. Justification of the RAP update - March 2015 The Resettlement Plan (RAP) constitutes the basis for the implementation of the resettlement process as part of preparation of the Racibórz Dolny flood protection Polder. The Investor - the Regional Authority for Water Management in Gliwice, represented by the Project Implementation Unit in Racibórz, complies with the solutions adopted and accepted in the Plan in all activities leading to the implementation of the New Village. The following are of key importance for Resettlement Action Plan implementation: the decision of the Silesian Voivode of 26 November 2012 (the final decision as of 12 January 2013) on a permission to implement a flood protection investment titled “Flood protection reservoir Raciborz Dolny on the Odra River in Silesian Voivodeship (polder)”; and the related right to the investment site obtained by the Investor (RZGW GL) and the payment of due compensation to owners; the replacement areas transferred in 2012-2103 by the Investor (RZGW GL) to the inhabitants of the liquidated villages of Nieboczowy and Ligota Tworkowska; funding agreements concluded between the Investor (RZGW GL) and the Lubomia Commune for construction of road and technical infrastructure in the New Village (20.12.2012) financing the construction of municipal infrastructure in the New Village (27.03.2013); an agreement concluded between the Investor (RZGW GL) and the Roman- Catholic Parish Church in Nieboczowy for the financing of church construction in the New Village (27.03.2013); the permits obtained for technical infrastructure construction in the New Village of Nieboczowy and commencement of its construction (2013-2014); 7 Regional Authority for Water Management in Gliwice Project Implementation Unit - Racibórz Dolny Dry Polder in Racibórz construction of single-family houses by the inhabitants in the New Village of Nieboczowy; obtaining construction designs and construction permits in connection with municipal infrastructure construction in the New Village (in particular: fire station building with the community’s common room, multi-house buildings, public space, sports areas, cemetery).