Poland - Odra River Basin Flood Protection Project : resettlement action plan (Vol. 4 of 4) : Resettlement action plan - Raciborz dry polder component A

GOVERNMENT OF POLAND MINISTRY OF INTERIOR AND ADMINISTRATION OFFICE FOR NATURAL DISASTER RECOVERY MINISTRY OF ENVIRONMENT RZGW Gliwice RP316 Volume 4 l | F ODRA RIVER BASIN FLOOD l . PROTECTION PROJECT component A RACIBORZ DRY POLDER | Resettlement Action Plan . I lI' | ~~~~~~August 2005  Document control sheet Form IP180/B Client: PCU Project: Odra Flood Mitigation Job No: J24201A Title: Draft Resettlement Action Plan Prepared by Reviewed by Approved by ORIGINAL NAME NAME NAME P Devitt L J S Attewill see list of authors H Fiedler-Krukowicz J Loch _ATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE REVISION NAME NAME NAME DATE SIGNATURE SIGNATURE SIGNATURE This report, and information or advice which it contains, is provided by JacobsGIBB Ltd solely for intemal use and reliance by its Client in performance of JacobsGIBB Ltd's duties and liabilities under its contract with the Client. Any advice, opinions, or recommendations within this report should be read and relied upon only in the context of the report as a whole The advice and opinions in this report are based upon the information made available to JacobsGIBB Ltd at the date of this report and on current UK standards, codes, technology and construction practices as at the date of this report. Following final delivery of this report to the Client, JacobsGIBB Ltd will have no further obligations or duty to advise the Client on any matters, induding development affecting the information or advice provided in this report This report has been prepared by JacobsGIBB Ltd in their professional capacity as Consulting Engineers. The contents of the report do not, in any way, purport to include any manner of legal advice or opinion This report is prepared in accordance with the terms and conditions of JacobsGIBB Ud's contract with the Client Regard should be had to those terms and conditions when considenng and/or placing any reliance on this report Should the Client wish to release this report to a Third Party for that partys reliance, JacobsGIBB Ltd may, at its discretion, agree to such release provided that (a) JacobsGIBB Ltd's wrinten agreement is obtained prior to such release, and (b) By release of the report to the Third Party, that Third Party does not acquire any rights, contractual or othermse, whatsoever against JacobsGIBB Ltd, and JacobsGIBB Ltd accordingly assume no duties, liabilities or obligations to that Third Party, and (c) JacobsGIBB Ltd accepts no responsibility for any loss or damage incurred by the Client or for any conflict of JacobsGlBB Ltds interests arsing out of the Client's release of this report to the Third Party.  I Authors 3 The Report ,,Resettlement Action Plan" for Racib6rz flood protection reservoir project has been prepared by consortium of JacobsGIBB Ltd. and JacobsGIBB Polska. Following authors contributed to RAP: * JacobsGIBB Ltd team: - Laurence Attewill - Paul Devitt - Ros Vincent - Karina Zachodni * JacobsGIBB Polska team: -Jakub Loch - Joanna Tomaszkiewicz - Hanna Fiedler- Krukowicz I - Julia Cichoni - Krzysztof Czechowski 3 property surveyors team: - Ryszard Szymkiewicz - Leszek Krawczyk - Monika Burghart * lawyers team: - Anna Szczurek - Pawet Kaminski * sociologists team: Katarzyna Puchalska - Pawet Kuczynski *computer systems and data bases team: - Bartosz Czyzkowski - Aleksandra Paterek - Michal Juda I I I U U  Contents 1 General Information about Raciborz Project 1-1 1.1 Project Description 1-1 1.1.1 Background 1-1 1.1.2 The existing flood protection scheme 1-1 1.1.3 The planned reservoir 1-1 1.1.4 Objective 1-1 1.1.5 Social Impact 1-1 1.2 Project area 1-1 1.2.1 Total reservoir footprint 1-1 1.2.2 Area required for reservoir construction 1-1 1.2.3 Areas of buildings within the reservoir 1-1 1.2.4 Other areas within the reservoir 1-1 1.3 Minimising resettlement 1-1 1.3.1 Alternative embankment alignment 1-1 1.3.2 Other alternatives 1-1 1.3.3 Reservoir area not required for construction 1-1 1.3.4 Summary 1-1 1.4 Decisions already taken 1-1 2 Socio economy 2-1 2.1 Socioeconomic data 2-1 2.1.1 The villages and their past 2-1 2.1.2 Population and demography 2-1 2.1.3 Economy and employment 2-1 2.1.4 Land use and agriculture 2-1 2.1.5 Infrastructure 2-1 2.1.6 Access and transport 2-1 2.1.7 Communal Facilities 2-1 2.1.8 Education and healthcare 2-1 2.1.9 Church and cemetery 2-1 2.1.10 Historical and cultural features 2-1 2.2 Built assets 2-1 2.2.1 General 2-1 2.2.2 Residential buildings 2-1 2.2.3 Farm- and other ancillary buildings 2-1 2.2.4 Commercial buildings 2-1 2.2.5 Community assets 2-1 2.3 Natural assets 2-1 2.3.1 Woodland habitats 2-1 2.3.2 Gravel excavation 2-1 2.3.3 Tourism opportunities 2-1 2.4 Categories of impacts and people affected 2-1 2.4.1 Resident Project-Affected Persons 2-1 2.4.2 Resident Project-Affected Families 2-1  l 2.4.3 Land owners 2-1 2.4.4 Businesses 2-1 2.4.5 Lubomia Gmina 2-1 2.4.6 The church 2-1 2.4.7 Arka Hostel for the Homeless 2-1 2.5 Public consultations & disclosure 2-1 1 2.5.1 Background 2-1 2.5.2 Residents surveys 2-1 2.5.3 Public meetings with Nieboczowy and Ligota Tworkowska residents 2-1 2.5.4 Notification of investment 2-1 2.5.5 Defence Committee 2-1 2.5.6 Non-residents land owners 2-1 2.5.7 Individual consultations with owners of sold property 2-1 2.5.8 Other consultations (local institutions) 2-1 2.5.9 Disclosure of RAP 2-1 I 2.6 Appeals against location decision 2-1 2.7 Conclusions 2-1 3 Legal Framework 3-1 l 3.1 Introduction 3-1 3.2 Polish law applicable to resettlement 3-1 3.2.1 Definitions 3-1 J 3.2.2 Legislation 3-1 3.2.3 Voluntary resettlement 3-1 11 3.2.4 Involuntary resettlement 3-1 3.3 World Bank policies 3-1 3.3.1 Objectives 3-1 l 3.3.2 Eligibility 3-1 3.3.3 Compensation 3-1 3.4 Gaps between local laws and World Bank policies 3-1 3.4.1 Eligibility 3-1 3.4.2 Compensation 3-1 * 3.4.3 Adoption of World Bank Policies 3-1 3.5 Proposed entitlement policy 3-1 3.5.1 Eligibility 3-1 3.5.2 Compensation 3-1 3.6 Method of evaluation 3-1 l 3.6.1 Legal aspects 3-1 3.6.2 Method 3-1 3.6.3 Houses already purchased 3-1 3.7 Compensation entitlements 3-1 3.7.1 Residents 3-1 3.7.2 Land owners 3-1 3.7.3 Land leasers and other PAP's 3-1 3.7.4 Loss of enterprises 3-1 3.7.5 Religious property 3-1 1 3.7.6 Summary 3-1 lIl 1 1 1 1 1 1 1  4 Implementation 4-1 4.1 House purchase 4-1 4.1.1 Voluntary house purchase (negotiation purchase) 4-1 4.1.2 Involuntary house purchase (expropriation) 4-1 4.1.3 Illegal occupiers 4-1 4.2 Land acquisition for construction purposes 4-1 4.2.1 Negotiated purchace 4-1 4.2.2 Land Exchange 4-1 4.2.3 Acquisition of State Treasury land 4-1 4.3 Lease holders 4-1 4.4 Enterprise 4-1 4.5 Resettlement village 4-1 4.6 Allocation of responsibilities 4-1 4.6.1 RZGW 4-1 4.6.2 Voivodship 4-1 4.6.3 Starosty (Poviat) 4-1 4.6.4 State Poviat Sanitary Inspector 4-1 4.6.5 Gmina 4-1 4.6.6 Agriculture Real Property Agency (ARPA) 4-1 4.6.7 Church authorities (Curia) 4-1 4.6.8 NGO's 4-1 4.7 Coordination and management 4-1 5 Resettlement sites 5-1 5.1 Introduction 5-1 5.2 Description of possible sites 5-1 5.2.1 Lubomia - Paprotnik 5-1 5.2.2 Lubomia-Zagrody 5-1 5.2.3 Syrynia-Dabrowa 5-1 5.3 Village layouts 5-1 5.3.1 AGO-Projekt proposals 5-1 5.3.2 Recommended layout 5-1 5.4 Provision of public services 5-1 5.5 Cost of houses and infrastructure 5-1 5.5.1 Land 5-1 5.5.2 Infrastructure 5-1 5.5.3 Buildings 5-1 5.5.4 Summary 5-1 6 Cost estimates 6-1 6.1 General 6-1 6.2 Houses and associated property 6-1  6.3 Resettlement village 6-1 6.4 Other buildings 6-1 6.4.1 Public buildings 6-1 6.4.2 Religious property 6-1 6.4.3 Commercial property 6-1 3 l 6.5 Infrastructure 6-1 6.6 Land 6-1 1 6.7 Legal, evaluation and administration 6-1 l l 6.8 Summary 6-1 6.9 Cash flow and schedule 6-1 6.9.1 Cash flow 6-1 6.9.2 RAP Implementation schedule 6-1 7 Participation and consultation during implementation 7-1 7.1 Communication 7-1 7.1.1 Written communication 7-1 7.1.2 Media 7-1 7.1.3 New web site 7-1 3 7.2 Participation in design of resettlement village 7-1 8 Grievance redress 8-1 3 8.1 Grievance procedure according to Polish regulations 8-1 8.2 Appeals to international bodies 8-1 1 9 Monitoring and evaluation 9-1 9.1 Monitoring 9-1 9.1.1 Need 9-1 9.1.2 Methodology 9-1 l 9.2 Independent evaluation 9-1 10 List of sources used 10-1 Appendix A - Socio -economic database Appendix B - Legal framework Appendix C - Property evaluation and cost estimates Appendix D - Public opinion documentation Appendix E - Proposals for public related actions I 1I .  General Information about Raciborz Project 1.1 Project Description 1.1.1 Background Large floods on the Odra and its tributaries are frequent: four floods were recorded in the 19th century and twelve in the 20th, that of July 1997 being the largest ever recorded. It was caused by extremely heavy rain, with some meteorological stations recording as much as 400mm over a four day period: the total July rainfall was four times that of the long term average. As a result an area of some 750km2 was inundated in the three Voivodships of Slaskie, Opolskie and Dolnoslaskie damaging 37,000 buildings, 866 bridges and over 2,000 km of roads. The intangible damages comprising the costs of rescue, stress, loss of production etc were also considerable. 1.1.2 The existing flood protection scheme The existing flood prevention system of the Upper and Middle Odra River was completed in its main outline in the 1930's following the flood of 1903. Subsequently the system, which comprises reservoirs, polders, relief channels and dykes has been extended and modernised. Although the Racib6rz Reservoir was first conceived in the 1 gth century the project was not implemented so far. The magnitude of the 1997 flood substantially surpassed the capacity of the flood defence system, resulting in overtopping and breaching of the flood protection dikes. 1.1.3 The planned reservoir Racib6rz Dolny reservoir - operated as dry flood protection reservoir - was subject of the Feasibility Study completed in 2003 and RZGW Gliwice now pursues its construction. The Raciborz Dolny Flood Reservoir (hereafter referred to as Raciborz reservoir) with a flood storage volume of 185Mm3 will be created in an area situated on either side of the river between the town of Raciborz and the Czech Republic border. The alignment finally selected, after a technical and economic consideration of alternatives performed within Feasibility Study, is that originally proposed as the base option. The plan of the reservoir is shown in Figure 1.1 at the end of this section. The reservoir will be formed by an earth embankment with a maximum height of 10.5 m and some 22 km length. In addition to the embankment, which will be constructed entirely of materials excavated from within the reservoir area, the project involves the following ancillary structures: - Outlet works and other appurtenant structures - Raciborz town outlet - Psina river diversion - Drainage system RAP-August-PrintVAug-05 1-1  1 1.1.4 Objective The prime role of the project is to reduce the frequency and severity of flooding in the upper Odra. This will be achieved in two ways: i) the reservoir will provide flood storage so that the flow rate downstream of the reservoir will be greatly reduced, as the effectiveness of the existing flood I defence system in containing the flows will be improved. ii) Secondly the reservoir will delay the timing of the flood peak at the confluence of the Nysa Ktodzka with the Odra so that the adverse l combination of the two floods that was so damaging in 1997 is very much less likely. I 1 .1.5 Social Impact Raciborz Dolny reservoir is a public project, that will secure flood safety for many cities, towns and villages in upper and middle Odra river valley. The residents of Raciborz, Kedzierzyn-Kozle, Opole, Brzeg, Krapkowice, Otawa, Wroclaw and many riverside municipalities in slaskie, opolskie and dolno