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4.
PAP will receive compensation or support of various kinds in accordance with the
entitlement matrix included in this RPF and in compliance with the active legislation of
Georgia and the World Bank safeguard policy;
5.
PAP will be informed about their rights and existing alternatives;
6.
PAP will be consulted on, offered choices among, and provided with technically and
economically feasible resettlement alternatives;
7.
PAP will be offered effective compensation at full replacement cost for losses of assets
relying of the information received from the Independent authorized valuation company
hired by MDFG;
8.
PAP will be offered additional support (see section 7.3) to support their livelihood during
the transition period, based on a reasonable estimate of the time likely to be needed to
restore their livelihood and standards of living;
9.
PAPs with livelihood impacts will be provided with development
assistance in addition to
compensation measures described, such as land preparation, credit facilities, training, or
job opportunities;
10.
Special attention will be paid to the needs of the most vulnerable groups of the population
– children, women, the elderly, those below the poverty line, disabled, IDPs, refugees, etc.;
11.
A fair and accessible grievance redress mechanism will be developed;
12.
Compensation measures are completed prior to start-up of the particular construction
activities that trigger OP 4.12.
A Resettlement Action Plan (RAP) will be developed as per the RPF prepared for RDP III and
Bank OP 4.12 as well as Georgian legislation for each sub-project of the Regional Development
Project III.As discussed above, there are gaps between OP 4.12 and Georgian legislation If a
discrepancy is observed between this RPF and OP 4.12 and Georgian legislation any land
acquisition required for the Project will be carried out as per the principles and procedures laid out
in OP 4.12.
A market survey will be conducted to assess the prevailing market prices of land, construction
materials for affected structures, crops and other relevant items, which will be used to find
adequate replacements when necessary. After this is done, each individual PAP’s property will be
valued by an independent valuation company. This will additionally ensure that the market prices
will allow PAPs to purchase replacement land.
Loss of income and assets will be compensated on a net basis without tax, depreciation or any
other deduction. The final RAP should be submitted to, cleared by the Bank, and it should be
implemented and PAPs should be fully compensated prior to the execution of civil works for
relevant sections.
3.6
Eligibility and Entitlements
3.6.1
Eligibility
PAPs entitled for compensation or at least rehabilitation provisions under the Project are:
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All PAPs losing land, or access to land, permanently or temporarily either covered by
legal title/traditional land rights or without legal status;
Tenants and sharecroppers
whether registered or not;
Owners of affected buildings, crops, plants, or other objects attached to the land; and
PAPs losing business, income,
a source of livelihood, and salaries.
Compensation eligibility will be limited by a cut-off date to be set for each subproject on the day
of the ending of the Census. Persons who settle in the affected areas after a locally publicized cut-
off date will not be considered project-affected, and persons initiating improvements to land or
structures after a locally publicized cut-off date will not be eligible for additional compensation.
They, however, will be given sufficient advance notice, requested to vacate premises or dismantle
affected structures prior to project implementation. Their dismantled structures materials will not
be confiscated and they will not pay any fine or suffer any sanction.
4.6.2 Entitlements
At present, the following categories of people are expected to be affected by the project:
PA
Ps (including formal and informal businesses) who experience temporary loss of
income or asset as a result of restriction of access to land or assets during civil works.
Leaseholders (individual and enterprise) who have lease agreements with the
Municipalities or other owners in existing and alternative alignments and sites
Informal occupants and land users on existing rights of way and new alignments and
sites.
If permanent relocation is involved, whenever possible, and when acceptable to MDF, the affected
persons will be relocated to new properties of equal quality identified by the Project. Affected
persons will be compensated for relocation costs.
Persons affected temporarily by construction activities will be compensated for any lost income,
assets and damages.
4.6.3 Assessment of Compensation Unit Values
The methodology for assessing unit compensation values of different items is as follows:
Agricultural Land will be valued at replacement rates according to two different methodologies
depending on whether in affected areas active land markets exist or not.
Where active land markets exist, loss of land will be compensated at the replacement rate based
on a survey of land sales in the year before the impact survey. Where active land markets do not
exist, loss of land will be compensated based on the cost of reproduction of a plot with equal
Landowners without legal documentation for land and whose land ownership cannot be legalized