lecture on capacity creation for land acquisition and resettlement

LECTURE ON CAPACITY CREATION FOR LAND

ACQUISITION AND RESETTLEMENT

ISSUES RELEVENT TO LINEAR PROJECTS

AYSE KUDATSOCIAL ASSESSMENT

2003

BTC TURKEY

0100200300400500600700800900

1000

Faz I(Bilecik-

Bozhuyuk)

Faz II(Sakarya-Bilecik)

KayseriBağlantı

Niğde-Aksaray

Kırşehir-Yozgat

number of plots

BOTAŞ acquired land using the Law of Expropriation of 2000 and acquired large number of plots

MOST PLOTS WERE ACQUIRED THROUGH THE COURT PROCESS

0102030405060708090

100

Faz I(Bilecik-

Bozhuyuk)

Faz II(Sakarya-

Bilecik)

KayseriBağlantı

Niğde-Aksaray

Kırşehir-Yozgat

0102030405060708090

100

Faz I(Bilecik-

Bozhuyuk)

Faz II(Sakarya-

Bilecik)

KayseriBağlantı

Niğde-Aksaray

Kırşehir-Yozgat

PAST EXPERIENCE FAILED

Percentage of plots in dispute

0102030405060708090

100

Faz I(Bilecik-

Bozhuyuk)

Faz II(Sakarya-

Bilecik)

KayseriBağlanti

Niğde-Aksaray

Kırşehir-Yozgat

Do we want to be in this situation?

Months/years it took for the disputes to settleAreas/cities it was expedited to reach settlement

Disputes are settled on average 4-5 months depending on the regions.

Disputes are not settled in any region/city in time that the law requires!!!Expropriation IS A LENGHTY PROCESS

Things get worse and project fails to start on time when original property owners cannot

be found

Our studies haveindicated that

the owners that liveoutside the village

are usually hard to find

Price disputes after expropriation

There only are 7 cases who have gone to court of appeals out of 1028 property owners

Do we know why?

Common problem of infrastructure projects

Expropriation and Resettlement

UNEQUAL TREATMENT CAUSE FRUSTRATION

Resettlement plan ensures equal distribution of income and mitigation benefits.

Although infrastructure projects like water, energy, etc. yield to enormous benefits for the majority they also cause some communities to lose their lands, houses, livelihoods and rights.

During the last ten years the pressure on the international financial institutions on infrastructure projects have increased.

Therefore these institutions are increasingly look for better RAPs which ensure fair and equal treatment of people who lost their lands, homes or jobs.

In the case of indemnity (in the cash form), people enjoy spending it carelessly for the short term, and suffer in the medium term

when there are no alternatives and no money left.

That’s why sustainability concept plays a more important rule.Many Action Plans started to combine compensation payments with

sustainable projects for the effected communities.

$

Reimbursementof lost Income

is the most Important

factor in a Resettlement

ActionPlan

RELATED WORLD BANK RULEOD. 4.30 AND THE NEW OP 4.12: RESETTLEMENT ACTION PLAN

Resettlement rule applies to the projectswhere people involuntarily lose their

lands, homes or other real estate.

Resettlement Action Plan

is not only an compensation

plan

BTC-TURKEYRAP MOSTLY

COMPOSED OFCASH

COMPENSATION!!THERE IS A

REASONBEHIND!!!

RAP is a must for the financial institutions. If the actions proposed in the RAP are not realized by the project company, financial institutions stop lending or cancel the lending contract.

Rap is not a joke!!!!!!!

RAP is NOT only an annex to a project document!!!

It’s a formal document which regulates the actions to be taken to in balancing the income and lives of the adversely impacted communities.

RESETTLEMENT TERM MAY BE MISLEADING. MITIGATING THE ECONOMIC AND PHYSICAL IMPACTS ARE MORE IMPORTANT THAN JUST

RESETTLEMENT

Physical impacts arise when the project location has to demolish homes or workplaces, ruin the lands

Economic impacts arise due to expropriation requirements of a project which in turn decreases the incomes or assets of the

households.

RESETTLEMENTISSUES

Landlessness Joblessness Homelessness Marginalization Food security and loss of agricultural income Illness/Mortality Loss of Common Property Resources Social Disruption

Risks Associated with Resettlement

Adigeni

Akhaltsikhe

Borjom

i

Gardabani*

Tetritskaro

Tsalka

Land size within 44 meters corridor

Land that is directly impacted from the project

Total Land size

0

100

200

300

400

500

600

Plo

t siz

e (h

a)

Cities

Private Plots (ha)

Source: GIS Survey, BTC Georgia, 2002.

Many households in the Georgia portion of BTC lose all or majority of their lands…

Land size within 32 meters corridor

8 m corridor28 m corridor

Size of affected plotTotal household land ownership0

20000

40000

60000

80000

100000

120000

140000

160000

180000

aver

age

size

of l

and

(sq.

m.)

Province

Household Land Ownership and Affected Land


…although households in Turkey lost very few of their lands.

0.00 25.00 50.00 75.00 100.00

# of Affected Plot by 44 meter Corridor

0

25

50

75

# of

Affe

cted

Plo

ts

In Gardabani city, Georgia 51% of the households lost at least half of their total land holdings.



25.00 50.00 75.00 100.00var00001

0

100

200

300

Coun

tBTC PROJECT IMPACTS OF 44m. CORRIDOR RELATIVE TO

THE TOTAL SIZE OF AFFECTED PLOTS

# of

Aff

ecte

d Pl

ots

% of Plot Affected By 44 meter Corridor

In Georgia overall 27% of the households lost at least half of their total land holdings.

Interestingly, in BTC / Turkey very few households lost more than half of their land holdings.

Source: RAP, Survey Data, 2002.

Source: RAP Survey, 2002

Source: RAP Survey, 2002

1.00.90

.80.70

.60.50

.40.30

.20.10

0.00

140

120

100

80

60

40

20

0

Std. Dev = .15Mean = .17N = 666.00

# of

Affe

cted

Plo

ts

% of Plot Affected by 28 meter Corridor

TYPOLOGY OF LANDS NEEDED FOR BTC PROJECT AND SELECT PROCESSES INVOLVED IN LAND

ACQUISITION

THE CASE OF TURKEY

Land, Resource and Assets OwnershipCase of Turkey

Private Owners Public Owners

Registered Not RegisteredLocal Authority

State Authority

Private User

Tenant FarmersUsers of common property Resources

Squatters on Public & Private Lands


Grazing Lands

Othercommon areas

Treasury Lands

Forest Lands

Pastures


Title deed registered

Title deed and land registration system not available

Local AuthorityState Authority

Private User

Tenant Farmers

Users of common property Resources


Private Land, Resource and Assets Ownership

Private Owners



Clean deed with joint owners

Clean deed with one owner

Some owners in the community

All owners in the community

Deed in the name of a deceased person

Joint rights are not demarcated

Joint rights are demarcated

All heirs in the community

Some heirs in the community

Land used for 20 continuous years

Users outside the community have claims

All users of land are in the community

Land used for less than 20 years (displaced populations)

Owners of land in displaced communities


Private User

Tenant Farmers Users of common property Resources


With formal arrangement

Informal tenant arrangement

Tenant with infrastructure investment on land

Squatters on Public lands

Squatters on private lands

Public Land, Resource and Assets OwnershipCase of Turkey

Grazing LandsOther common areas Treasury LandsForest Lands Pastures

Public Owners

Local Authority State Authority


Grazing Lands

Other common areas

Treasury Lands

ForestLands

Pastures

Public Owners


Water resources

Irrigation network


Grazing Lands

Other common areas Treasury

LandsForestLands

Pastures

Public Owners


Water resources

Irrigation network

Riverbanks

Village common lands

Village specific network

Inter village networks

Lakes and other fresh water resources

2B

Under use by private persons

Demarcated for the useof individual households

Forest lands collectively used

Vacant treasury lands

Lands used by squatters

Many resettlement projects leave people unemployed

For example around the Ilısu Dam 40% of the households were wage earners and they would have

lost their jobs if the dam was built

If BP didn’t implement a development project to create employment for its Indonesia infrastructure project, affected people would have no other opportunities.

Villages not evacuated Evacuated Villages Total

Directly Impacted

Indirectly Impacted

Directly Impacted

Indirectly Impacted

1. 1990 forecast (a)

13,531 34,952 5,811 8,600 62,894

2. 1990 forecast (b)

13,531 34,952 12,468 13,152 74,103

Ilisu dam would have left people homeless. Someof the villages have already been evacuated.

In Indonesia, on the other hand, people wereprovided with new homes.

Due to the issue of misuse of the cash compensations most multinational institutions propose sustainable

development projects as part of the resettlement action plans.

For example, in Georgia, informal groups of young family members may try to force elderly to take their

cash compensation. Same incidents occurred in Azerbaijan.

In Turkey, number of elderly affected is very small. Informalgroups is not a potential issue.

Banking system is more developed. The cash

compensation may be kept in the bank and earn interest.

But overall BTC – Turkeyfocused only on cash compensation not in

sustainable developmentprojects.

Rural INCOMES in Georgiaare very low! Therefore the

project will have a huge adverseimpact on the livelihoods

of the households that are directly

affected.

In Georgia:• Average land size holding is very low (0.2 - 0.3 ha)• Average compensation is: $2,000• Average annual household income is lower than $1500 • Banking system is not developed. It is not realistic to expect that impacted households will survive on US$2,000 for 3-4 years

In Indonesia, most of the population work in agriculture and fisheries. Due to resettlement, affected population will lose their

agricultural income. They will partially lose fisheries income due to the protected area. If BP hasn’t provided employment, these

communities would have suffered.

BTC Project puts a ban on fishing around the Ceyhan Terminal …

We do not know the impacts yet.

BTC project puts limitations on the use of the land close to the pipeline in three countries. This decrease the land

value and income from land. BTC RAP does notcover the issue clearly.

Health related mitigation efforts have started 12 months before the project initiated in Indonesia, a geography

with swamps and tropic climate.

HEALTH ISSUES

One of the proposed resettlement locations was a swamp. Therefore RAP had to analyze the health

situation in detail.

Ilisi dam project did not propose to compensate for lost the common property such as water

Caves used as storage, stable, or even homes by the poor would go underwater and would not be accounted for by the government.

COMMON PROPERTY RESOURCES

Involuntary resettlement divides the communities during migration and social relations within families

breakdown.

SOCIAL DISRUPTION

YOUTH DEPRESSION

AND SUICIDES

Migrated communities with lost economic power, status feel alienation and face problems in integrating to the new social environment.Even if they don’t move to new communities, lossof assets change their social being.

For Example, if the Ilisu dam was built, it would cause a migration from the region to various parts of Turkey. Civil society organizations have particularly

opposed to this aspect of the project.

HOW TOMITIGATE

RISKS?

There are basic approaches to mitigate the resettlement risks:

Compensation of Land – Provide similar cultivatable land to people who lose all their land

This strategy is a must for certain communities in Georgia

Providing employment to people who lost jobs

This was a main concern for the ILISU Dam


Many RAPs give importance to training activities in developing new livelihoods for the affected groups. In

Georgia and Azerbaijan portion of BTC providing agricultural technical assistance is a crucial activity.

Education and training in rural areas can be difficult.


BTC has paid special attention since the project requireddemolishing some housing.

Providing housing to the homeless

Tangguh RAP

Many RAPs includes actions to increase agricultural yields with training and equipment

Food security and agricultural income issues

BTC can also prepare a similar project to help increase the agricultural and livestock yields.

Compensation for loss of the public resources

In many projects the loss of forests or pastures are compensated by providing livelihood development projects. For

instance both in Chad-Cameroon pipeline and Tangguh proposed these alternatives.

BTC Turkey,• Provided funds for forest development• In addition part of the compensation was given to Ministry of

Forestry, which in turn had to spend 1/3 of the funds in forestry development

Despite these efforts, BTC – Turkey portion lacks efforts to provide

sustainable livelihood projects for the affected people.

Forestry development projects with other donors may be one of many

effective alternatives

Therefore in BTC, we have included a development fund to the RAP

Principles

RAP is designed to address in order to provide answers to the

previously raised issues

RAP Main Features

Affected population and how they are effected

Compensation plan

Prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project

Budget

Implementation timetable

Institutional responsibility

Participatory planning elements

Resolution of complaints

Monitoring / Evaluation

Legal framework

First Principle----Adequate Legal Framework

Expropriation law resolves the main problems of the BTC project

There are some constraints to the execution of the law benefiting the affected community.

Legal Framework



Registered Not RegisteredLocal Authority State Authority

Private User



Gaps between the local laws and the World Bank policies in Compensation

Potential Actual

Typology of Affected Lands and the Discrepancybetween local and international entitlement policies

Users of Grazing Lands

userscommon areas

Users of Treasury Lands

Users of Forest Lands

User ofPastures





Private User

Tenant Farmers

Users of common property Resources


Gaps between the local laws and international policies of entitlements


Private User



With formal arrangement

Informal tenant arrangement

Tenant with infrastructure investment on land

Squatters on Public lands

Squatters on private lands

Gaps between the local laws and the World Bank policies in Compensation

Potential Actual

RAP Main Features


Compensation plan


Budget


Corporate responsibility




Legal framework

Second principle---Affected population and

how they are effected

Affected population is spread over a large area

• Pipeline length : 1070 km• Affected number of cities : 10• Affected number of villages : 298• Affected parcels : 10066 * • Expropriated land area : 2996 ha• Forestry land : 270 ha

BTC / Turkey snapshot

Accurate census information is crucial

Identification of property owners Initiation of required

administrative procedures Preparation of socio-economic

research Establishment of monitoring and

evaluation system

Source: BTC Turkey RAP, Chapter 1

İller Toplam

Köy Sayısı

Toplam KöyNüfusu2000

ToplamKöy Nüfusu

İllerdeki KentAlanı

ToplamKentNüfusu 2000

Toplam KentNüfusu1997

Etkilenen Yerleşim Yerleri

DolaysızEtkilenen Nüfus 2000

DolaysızetkilenenNüfus1997

Ardahan 243 94,031 98,534 6 39,725 34,779 28 30,554 29,386 Kars 385 182,871 182,495 8 142,145 138,546 24 13,226 12,444 Erzurum 1,052 376,838 374,390 19 560,551 515,704 66 56,009 61,315 Erzincan 560 144,635 123,287 9 172,206 156,548 37 35,628 29,738 Gümüşhane 336 109,383 93,125 6 77,570 64,672 5 1,068 1,070

Sivas 1,267 333,287 317,177 17 421,804 390,468 46 22,634 22,190 Kayseri 486 328,078 299,021 17 732,354 679,906 29 12,472 13,683 K.Maraş 529 466,377 469,265 10 536,007 555,976 32 63,107 61,736

O smaniye 170 146,788 144,212 7 311,994 297,335 13 10,089 9,884 Adana 547 451,625 418,515 14 1,397,853 1,270,640 13 16,036 13,992

TOTAL 5,575 2,633,913 2,520,021 113 4,392,209 4,104,574 293 260,823 255,438

Source: BTC, and State Institute of Statistics 2002

BTC / Turkey affected population

BTC / Turkey: Identification of impacts

Resettlement has to identify all population that have the possibility of loosing their property, income and wealth due to the project.

Identification steps can include:

Thematic maps showing the land quality, flora/fauna and infrastructure.

Census

Inventory of affected immovables

Socio-economic survey

Main features of the compensation

Consultative and participatory planning

0

100

200

300

400

Are

a (H

a)

AD

AN

A

AR

DA

HA

N

ER

ZIN

CA

N

ER

ZU

RU

M

GU

MU

SHA

NE

K.M

AR

AS

KA

RS

KA

YSE

RI

OSM

AN

IYE

SIVA

S

8m. 28m.

Affected private parcels - 8m ve 28m corridor

% Of Affected Districts In Ardahan District

33%

67%

DAMAL

HANAK

MERKEZ

POSOF

Not AffectedDistricts

% Of Affected Districts In K.Maras District

20%

80%

ANDIRIN

GÖKSUN


% Of Affected Districts In Erzurum District

58%

42%

ASKALE

AŞKALE

HORASAN

ILICA

KÖPRÜKÖY

MERKEZ

PASİNLER

ŞENKAYA


Pipeline goes through limited number of towns in the affected cities and that limits the effects of the project at the city level

Private Lands

Kahramanmaraş ProvinceAndırın DistrictGeben Village

IPT1 Area

IPT1 Camp Site

Examples of permanent and transitionary impacts

Most of the affected parcels are parcels created by cadastre

Newly created parcels (rivers, roads, cadastral roads, etc)

Land

Housing and other buildings

Trees , private forests, etc.

Institutions

Natural resources

Immovables owned by public; school, cemetery, etc.

Cultural assets

Infrastructure

Inventory of immovables

Lessons learned from the socio-economic survey about

the affected population of BTC / Turkey Project

What are the effects of socio-economic surveys?

Calculates the ratios of effects

To calculate the loss and the compensation on community level

To inform the community and collect information from them

To document the needs of the community systematically.

Analyze/profile the affected community and determine the risk factors.

Analyze the income and living standards of the community.

Ratio of yearly income loss over total income due to the project

Ratio of agricultural income over yearly income loss

Adana 0.23 1.03

Osmaniye 0.41 1.36

Kars 0.18 0.61

Ardahan 0.52 1.18

Kahramanmaraş 0.27 1.33

Kayseri 0.20 0.72

Erzurum 1.14 2.37

Erzincan 0.33 0.81

Gümüşhane 0.20 0.57

Sivas 0.27 0.58

Total 0.47 1.17

BTC / Turkey has determined the problems and resolutions by the

conducted survey

Georgia ?

Generic results of the survey

The impact of the project on income and wealth is modest

Results of the socio-economic survey

The amount of land that will be used permanent and transitionary in the project is small when compared to the total property

ownership of the community The amount of the agricultural income loss is also small when

compared to total income

8 m corridor28 m corridor

Size of affected plotTotal household land ownership0

20000

40000

60000

80000

100000

120000

140000

160000

180000

aver

age

size

of l

and

(sq.

m.)

Province

Household Land Ownership and Affected Land

Only a small portion of the total land ownership will be expropriated by the project

Current use of the affected plot by landowners

0%10%20%30%40%50%60%70%80%90%

100%

Province

Perc

ent o

f hou

seho

lds

Self cultivate

Rent orsharecrop

Not undercultivation

Most of the plot owners self cultivate

Therefore plots cultivated by tenants do not exceed 1/5 of the total plots

Income Levels and Household Asset Ownership

020406080

100120140160180200

Color T

V

Satellit

e dish

Car, m

inibu

s, tru

ck

Tractor

Honey

comb

Assets

mon

thly

inco

me,

US

D

Household hasthe asset

Householddoes not havethe asset

BTC / Turkey

Georgia ?

In Georgia, some of the government land is rented for 50 years.

And this may require a longer term compensation plan to be provided to

these people.

0

1020

3040

5060

70

8090

100

Nobody leases land Harvest is sharedequally between

owner andsharecropper

Sharecroppers payfixed fee per decare

perc

ent o

f hou

seho

lds

Different forms of tenant arrangements exist

0

10

20

30

40

50

60

70

80

90

100

Other leasearrangements

50/50 harvestsharing

Sharecroppers payfixed fee per acre

perc

ent o

f sha

recr

oppe

r hou

seho

lds

…but in most cases land is rented for cash

0

200

400

600

800

1000

1200

1400

usd/

mon

th

Adana

Osman

iye Kars

Ardaha

n

Kahram

anmara

s

Kayse

ri

Erzurum

Erzinc

anSiva

sTotal

Tota

l lan

d-ba

sed

inco

me

Tota

l hou

seho

ld in

com

e*

* Based on expenditures

Total Income and Land-based Income

Land-based income is a large part of total income

Consumption of Self-produce as Part of Total Income

0

5

10

15

20

25

30

Provinces

perc

ent o

f tot

al e

xpen

ses

Subsistence income is also very high but not compared to other countries

Monthly Household Consumption of Self-produce (USD)

0

40

80

120

160

200

Provinces

US

D/m

onth

Both in absolute dollar terms

…and in relativeterms

Most of the affected land has private ownership excluding the small plots

68 percent of the property owners have titles. In addition, 24 percent of the owners have customary title (zilyet) to the land. The rest are either in the process of receiving the title or do not intend to ever complete the paperwork

Formal title

No formal title

Customary ownership

Do not have title for other reasons*

Most of the property owners have titles

…but still a lot remaining without the titles

*Other reasons include forgetting, lack of cadastre work, and ongoing paperwork

Adana

Ardahan

Erzincan

Erzurum

Güm

üshane

K.Maras

Kars

Kayseri

Osm

aniye

Sivas0

2

4

6

8

10

12

Perc

enta

ge o

f Peo

ple

Percentage of Project Affected Population

% of Deeded Ownership

% of Customary Ownership(zillet)

In Sıvas, Erzurum and Erzincanmost of the plots have titles

But not everybody has the title registration

There are complaints about the mistakes in the titles and the other complaints are;

•Some claim that land consolidation was done incorrectly

•Some have not registered their inheritance

•Problems land registration records complicate expropriation procedures

Average Number of Plot Owners

012345678

Provinces

num

ber o

f ow

ners

Average number of owners accordingto deedAverage number of owners accordingto respondent

Property owners lack information of the others who are also registered to their property titles.

This may be problematic

POSOF(ARDAHAN-TURKEY)

TOTAL 618 PARCELS AFFECTED BY BTC PROJECT

REGISTERED 53 PARCELS

UNREGISTERED 565 PARCELS (CUSTOMARY

OWNERSHIP)

SI NGLE OWNER (383 PARCELS)2 OWNERS (82 PARCELS)3 OWNERS (33 PARCELS)4+ OWNERS (67 PARCELS)

ONLY 1 WOMAN AMONG OWNERS

ONLY 2 WOMEN AMONG OWNERS

SI NGLE OWNER(20 PARCELS)2+ OWNERS (24PARCELS)FOREST PARCELS(4 PARCELS)PASTURE PARCELS(3 PARCELS)

Woman are worse of in

cases where the owners

have customary title of the land

Female Ownership of Affected Plots by province

0

1020

30

40

5060

70

8090

100

Provinces

perc

ent o

f plo

ts w

ith a

t lea

se o

ne

fem

ale

owne

r

GIS inputs show that in Ardahan only 10% of the affected plots has female property owners where as in Osmaniye 70% of the affected plots has at least one female owner

87 percent customary ownership

510 plots identified using GIS inputs.

18% answered40% no answer33% could not be found9% still in search

0

20

40

60

80

100

120

140

US

D

Province

Estimated annual income from trees on affected plot (USD)

Only a few percent of the affected plots have trees on them but their contribution to income is a lot

Do not derive

income from trees

Derive income

from trees

Communities near the forests

Communities away from the forest

Communities which are directly affected that are living in the forest or near it.

100% benefit from the forest resources

0

10

20

30

40

50

60

Firewoodcollection

Animal grazing Mushrooms andspice for self-consumption

Working forwages

perc

ent o

f hou

seho

lds

clos

e to

a fo

rest

Affected

Not affected

Negative effects of the pipeline has been observed.

Community resource loss

A relatively large percent of owners-users are informed of the project but few have specific information on the size of the land affected and of the legal framework that provides protection to them.

Few people are informed!!

In fact, as late as May 2002, over 95 percent of the people did not know that the expropriation law had been changed.

A substantial proportion of the affected communities are forest communities and residents are concerned of adverse impacts

Absentee land owners

It is not easy to locate these owners although the new law requires for it.

POPULATION LIVING OUTSIDE THE VILLAGE CAUSE PROBLEMS

o BOTAS’s new report shows the number of property owners living outside the village as 4,600+

o Still there will be a lot of unidentified people remaining.

o Can we afford disputes just because of this reason?

20% of the property owners out side of the village do not want to give representation

37% do not have relatives living in the village

30% of the community has more than one plot affected

In Georgia community resource loss is also huge

Rented Land Not-rented Land

Rented to Municipality

Pasture Arable Land

Long term rental

Short term rental

Customary Forest Pasture Arable Land

Rented to individual

Common area

Projects in progress in order to prevent information loss

Rented to individuals

Solutions to the complaints of tenants

Solutions to the users of forests and pastures from the RAP fund

RAP fund

RAP Main Features


Compensation plan


Budget


Corporate responsibility




Legal framework

Route Selection, Site Investigation and Land Acquisition

Identification of the land owners along the route considering 500 m. corridor (22m. Cor. -250m. + 250m.)

Identification of the route axis of 28m. and connection of IP points to national GPS Network

Preparation of the construction corridor to maps and expropriation maps

Cadastral Survey and Title Deed Registers

Definition of specified corridor (100m.) through environmental and social consideration

Further narrowing the corridor to 28m.

Registering to the public owned areas on behalf of the treasury and transferring the treasury registrations to Botas

Application for expropriation of forest areas and pastures

Surveying assets (Tree, Building, Wall, Well etc.) Along the construction corridor

Obtaining the list of the owners of the areas which will be expropriated

Announcing the expropriation and securing provisional rights to permanent land

Starting the compensation process

Valuation of the land

Process of Private Land AcquisitionTurkish Case

All assets on plots identified and inventory prepared

Valuation commission established, each plot is visited, all agencies contacted as specified by the Law to provide information relevant for land valuation

Land owners contacted to attend negotiations

Agreement on land transition reached

Addresses of all owners for each plot obtained

Land owner certifies disagreement

Land owners non-responsive

Negotiation commission established

No agreement possible

Road to acquisition open

Land owners attend negotiations

All Steps for plot and ownership identification completed

Land owner refuses to certify disagreement

New letter sent to owner

Court

Steps involved in Disputed Land Acquisition

Establish commission at the county level

Show actual land to the valuation commission

Establish and document land value in accordance with Law

Go to court

Send documents to the defendant (landowner)

First Court Date Settlement arrived

Inspectors visit land

Commission prepares report

Second court date

Second commission valuation

Opposition from administration

Third court date

2nd commission report

Court Decision

Court Process

Inform Directorate of Land Announce decision in local paper

Wait for opposition to decision

Opposition to decision

Resolve in 180 days

No opposition to decision

Deposit money for landand transfer deed

Steps in Land Acquisition When Deed is in the Name of a Deceased Person

Confirmation through communities that the owner is deceased

Gendarmerie confirmation of heirs addresses

Contacting heirs asking them to register their inheritance

In case of failure seek Court authorization for inheritance determination

Obtaining necessary documentation from registration office and village elderly committee

Submitting to the court necessary documentation

Court issues legal inheritance documentation recognizing the claims of heirs

Court date set and heirs are called to court

Land acquisition proceeds according to applicable law (see Chart on “Time Necessary for Acquisition – Public Acquisition Law No 2942 (D. 4650)”)

Land acquired

Requesting birth registration documents to identify heirs

Informal investigation of heirs’ addresses

If addresses cannot be found, public notices are sent out

If there is success, invitations are sent for negotiations

Estimated Process completion minimum 9 months

Land Acquisition with joint owners of Registered land

Commission evaluates land / assets and determines a value

A formal letter is sent to each owner, inviting them for negotiation

Negotiations held

Specific shares of individuals are known Specific shares of individuals are not known

Land deed available but jointly owned

No agreement Agreement

Some owners agreeAll owners disagree Determination of shares and representative(s) by court, according to civil law

Court

Share of agreeable owner meets the needs

Share of disagreeing owner is needed

Road to acquisition of land open

Time Necessary for Acquisition – Public Acquisition Law No 2942 (D. 4650)

Process Involved in Non-negotiated Cases

Court

1st Court Session

Invitation for negotiation30 days

1st Inspection by the Court Appointed Valuation Commission

10 days

2nd Court Session30 days

Valuation Report15 days

2nd Inspection by the Court Appointed Valuation Commission

15 days

3rd Court Session

15 days 15 days

Appeals to the decision of this session can be made only to the High Court (Yargitay)

Value of Land Deposited in the Bank

10 daysCourt Decision

Road to Land Acquired Open

15 daysIf necessary, additional time for

bank deposit15 daysDeed transfer made

Estimated Process Completion Minimum 150 days

Owners certifies disagreement Owners does not certifies disagreement

Authority Informs Owner of Decision in by writing

Authority Prepares Files

Disagrees Agreement

Agreement

Disagrees

Valuation Report

15 days

lecture on capacity creation for land acquisition and resettlement

Documents