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World Bank Document Improving Land Sector Governance in Georgia Public Disclosure Authorized Implementation of the Land Governance Assessment Framework David Egiashvili, Ph.D. Country Coordinator Public Disclosure Authorized E-mail: [email protected] Tel: 995 599 51 70 00 Public Disclosure Authorized Public Disclosure Authorized World Bank Study, August 2011 1 Table of Contents SECTION 1 .......................................................................................................................................................2 LGAF IMPLEMENTATION PROCESS .............................................................................................................2 1.1 What is LGAF? ...................................................................................................................................2 1.2 How the study was prepared? ..........................................................................................................2 SECTION 2 .......................................................................................................................................................6 GEORGIA: GENERAL DATA AND INFORMATION .......................................................................................6 2.1 Geography .........................................................................................................................................6 2.2 History ...............................................................................................................................................6 2.3 Economy ...........................................................................................................................................7 2.4 Land related issues ...........................................................................................................................9 SECTION 3 .................................................................................................................................................... 13 ASSESMENT OF LAND GOVERNANCE ...................................................................................................... 13 Legal and Institutional Framework ...................................................................................................... 13 Land Use Planning, Development and Taxation .................................................................................. 18 Management of Public Land ................................................................................................................ 22 Land Registration and Information Publicity ........................................... Error! Bookmark not defined. Dispute Resolution and Conflict Management .................................................................................... 28 Alienation of Large-scale Land ............................................................................................................. 32 Management of Forest Land ............................................................................................................... 33 SECTION 4 .................................................................................................................................................... 34 FINDINGS AND RECOMMENDATIONS ACCORDING TO THEMATIC AREAS.............................................. 34 Thematic Area 1. Legal and Institutional Framework .......................................................................... 34 Thematic Area 2. Land Use Planning, Management and Taxation ...................................................... 35 Thematic Area 3. Management of Public Land.................................................................................... 38 Thematic Area 4. Land Information Publicity ...................................................................................... 40 Thematic Area 5. Dispute Resolution and Conflict Management ....................................................... 42 ANNEXES ...................................................................................................................................................... 44 Annex 1. LGAF Georgia - Policy Matrix .................................................................................................... 44 Annex 2. Recommendations for statistic reports ................................................................................... 47 Annex 3. Scoring table ............................................................................................................................. 50 Annex 4. Aide Memoire Panel 1: Land Tenure ........................................................................................ 95 Annex 5. Aide Memoire: Panel 2. Land Tenure Urban Land Planning and Development ..................... 102 Annex 6. Aide Memoire: Panel 3. Rural Land Use and Land Policy ....................................................... 109 Annex 7. Aide Memoire: Panel 4. Land Valuation and Taxation .......................................................... 114 Annex 8. Aide Memoire: Panel 5. Public Land Management ............................................................... 118 Annex 9. Aide Memoire: Panel 6. Public Provision of Land Information............................................... 124 Annex 10. Aide Memoire: Panel 7. Dispute Resolution and Conflict Management .............................. 130 Annex 11. Aide Memoire: Panel 8. Module on Large-scale Acquisition of Land Rights ........................ 134 Annex 12. Aide Memoire: Panel 9. Forestry Module ............................................................................ 141 Annex 13. List of Panel Members .......................................................................................................... 146 Annex 14. Land Governance Scorecard ................................................................................................. 150 Annex 15. Georgian Laws and Regulations used in LGAF Implementation ........................................... 158 1 SECTION 1 LGAF IMPLEMENTATION PROCESS 1.1 What is LGAF? The Land Governance Assessment Framework (LGAF) is a diagnostic tool that makes it possible for government to objectively assess their efforts at land governance, identifying areas for improvement and new policies. The LGAF divides the issue into five thematic areas; (i) Legal and Institutional Framework; (ii) Land Use Planning, Management and Taxation; (iii) Management of Public Lands; (iv) Public Provision of Land Information; and (v) Dispute Resolution and Conflict Management. These areas include 21 Land Governance Indicators (LGI’s hereafter) covering 80 dimensions and sixteen additional parameters, which were evaluated by nine different panels of experts in property law, land management as well as planning and building issues 1.2 How the study was prepared? Modified indicators The LGI’s were inspected in advance to ensure that each was relevant to the Georgian reality. Only insignificant changes were made, such as deciding not to assess LGI 1, D iv, “Urban group rights are recognized in informal areas” – because, unlike most developing and post-Soviet countries, illegal group settlements don’t exist in urban areas. Expert Investigations During the preparation stage, the expert investigators, working closely with each other and the LGAF Country Coordinator for Georgia, gathered information on each of the five LGAF thematic areas. They reviewed the existing legal framework related to the topics and collected data from the relevant government institutions, NGOs and private sector participants in land and real estate projects. Panels Following LGAF guidelines, the Georgian team conducted nine meetings to share their findings with panels of three to five experts, including specialists in the legal and legislative issues regarding land use and property, land planning and development as well as managing public lands. A total of 37 such experts were involved: seven were from the public sector, selected on the basis of the relevance of their respective government bodies to the issues at hand and their field of expertise; the remaining 30 were from the private sector, including lawyers, architects, academics and NGO representatives selected on the basis of their qualifications and track records. (See Annex 13 for a full list of panel members.) 2 To assemble these experts, the Country Coordinator prepared a list of candidates from the government, the private sector, NGOs and academia, and then contacted each of them to find out if they were interested in sharing their knowledge and experience with the LGAF project. The response was very favorable; those who agreed to participate received extensive information about the investigation as well as materials for discussion prepared by the team’s investigators. The Country Coordinator began each panel with a presentation about the meeting’s objective, its agenda and working procedures. He also explained the dimensions related to each panel and the actual assessment procedures. Although panel members had received assessment tables in advance in order to grade each dimension in Georgia on a scale from A to D, not all of them had taken the time to jot down their scores before the meeting. Participants, therefore, were given time at the beginning of the gathering to do so. In order to provoke lively discussion, the moderator displayed on a screen the four preliminary grades that each panel member had given to the dimensions. The second part of the meeting was dedicated
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