Expropriation CT ENG

GOVERNMENT OF MONTENEGRO
MINISTRY OF SUSTAINABLE
DEVELOPMENT & TOURISM
PRELIMINARY DESIGN FOR WWTP CETINJE &

SEWERAGE NETWORK WITH FACILITIES
BOOK 5 WASTE WATER TREATMENT

PLANT
Volume 5.6 Previous expropriation study
MAY 2013.
PRELIMINARY DESIGN FOR WWTP CETINJE & SEWERAGE NETWORK WITH FACILITIES
MUNICIPALITY OF CETINJE / MONTENEGRO
BOOK 5 WASTE WATER TREATMENT PLANT
PART 5.6 PREVIOUS EXPROPRIATION STUDY
GENERAL PROJECT CONTENT

No.
NAME OF PROJECT PART

GEOTECHNICAL STUDY
HYDROLOGICAL STUDY ON RAINFALL AND FLOW
BOOK 1
GENERAL BOOK
BOOK 2
SEWAGE NETWORK
BOOK 3
ATMOSPHERIC NETWORK
BOOK 4
HYDRAULIC TUNNEL BELVEDER
BOOK 5
WASTE WATER TREATMENT PLANT (WWTP)
Volume 5.1
Process design
Volume 5.2
Hydraulic design
Volume 5.3
Architectural design
Volume 5.4
Mechanical design
Volume 5.5.1
Electrical design new TS
Volume 5.5.2
Electrical design electrical equipment for the treatment process and

SCADA
Volume 5.5.3
Electrical design additional installations
Volume 5.6
Previous expropriation study
Note: All general documentation of project is located in Book 1 General book.
IOV10-17 IK CONSULTING ENGINEERS APRIL 2012
PAGE 1
TERMS OF REFERENCE
PAGE 2
TABLE OF CONTENTS
1. INTRODUCTION AND METHODOLOGICAL APPROACH................................................................ 4
2. LEGISLATION.................................................................................................................................... 8
3. SOCIO-ECONOMIC ANALYSIS....................................................................................................... 14
4. REVIEW OF PLOTS PER OWNERSHIP, PURPOSE AND AREA.................................................... 15
5. FEE ESTIMATION FOR PIPELINES INSTALLATION (EASEMENT OF PASS) .............................. 19
6. PERMANENT EXPROPRIATION..................................................................................................... 20
7. FEE FOR CHANGING THE USE OF AGRICULTURAL LAND......................................................... 22
8. SUMMARY AND CONCLUDING REMARKS ................................................................................... 23
9. LITERATURE ................................................................................................................................... 25
PAGE 3
1. INTRODUCTION AND METHODOLOGICAL APPROACH

Cetinje is by Law on Local Self-Government defined as the Capital of Montenegro.
Cetinje is located in South-East Europe, at 42 23' 27'' north latitude and 18 55' 45'' east
longitude. It is situated in karst area (Cetinjsko field), dimensions of about 7 km, with an
average altitude of 671 m. Cetinje is located 12 km air line from the Adriatic Sea and 15
km air line from Skadar lake. Today it is on the highway Podgorica Cetinje Budva, that
opens it to trafic of the interior of Montenegro and the Montenegrin coast. Cetinje is 29 km
far from Budva, and 31 km far from Podgorica, from the airport in Podgorica 37 km, from
the airport in Tivat 49 km and 67 km from harbor in Bar.
FIGURE 1 CETINJE-GEOGRAPHICAL POSITION
Cetinje field was formed in the east karst-continental foothill of the mountain Lovcen,
which highest peaks are Stirovnik (1749 m) and Jezerski vrh (1660 m) where mausoleum
of Petar II Petrovic Njegos was built. From all sides, defoliated limestone slopes close
view. Extremely karst field conditioned forming a couple of caves at the edge of Cetinjsko
field. Their channels length, number of rooms and halls and cave decorations make them
very attractive, especially Cetinjska in the town itself and Lipska near it.
Municipality of Cetinje encompasses area of 910 km2, or 6.6% of the total area of
Montenegro (13,812 km2). The town itself occupies area of approximately 5 km2.
According to the census of 2011, in the Municipality of Cetinje live 16,757 inhabitants,
which makes 2.67% of the total population of Montenegro. In the town of Cetinje, there
are 13,991 inhabitants. In terms of ethnicity, 90% of populations are Montenegrins.
PAGE 4
At the territory of the Capital Cetinje there are two urban settlements (Cetinje and Rijeka
Crnojevica) and 92 rural settlements.
Census 2011 data on population, households and dwellings show that in the area of the
Capital Cetinje there is one settlement with more than a thousand inhabitants, then four
settlements with more than one hundred inhabitants. Also, according to the available data,
seven settlements are uninhabited. According to the census of population, households
and dwellings, realized in April 2011, in urban settlements live 14,166 inhabitants and in
other 2,591.
FIGURE 2 - CETINJE
In Montenegro there are waste water treatment plants that are in operation in Podgorica,
Mojkovac, as well as several small systems at the Skadar Lake, while in other
municipalities, most of the waste waters have been discharged untreated into the
recipient.
Recognizing that the issue of wastewater management with the respect of appropriate
standards, represents one of the prerequisites for environmental preservation, as well as
increase in touristic offer quality, the Government has adopted two important strategic
documents within this area:
Master plan for wastewater drainage and treatment for the coast of Montenegro
and the Municipality of Cetinje (2005), for whose implementation in three phases
should be provided over 280 million euros, and
Strategic Master plan for sewerage and waste water in the central and northern
regions of Montenegro (2005), for whose implementation should be provided over
270 million euros.
PAGE 5
The main objective of the Preliminary Design for Waste Water Treatment Plant Cetinje
and sewerage network with facilities is improving the quality of groundwater in Cetinje and
the water of Skadar Lake, reducing flooding caused by atmospheric water and improving
environmental condition, especially groundwater and surface streams that flow into
Skadar Lake.
The existing sewerage network of Cetinje was made as a mixed system. There are two
main collectors which drain water into the Main pit: AC 600 going Boulevard Lenin and
concrete collector 800 going Baja Pivljanina Street. The channel 600 exists from the
factory "Obod" and his previous purpose was probably for industrial waste water of that
factory. Channel 800 which is parallel to channel 600 accepts wastewater from the
settlement Donji kraj (600), but in it there is one bottleneck section with diameter 300
at the stadium of FC "Lovcen" that should be replaced. Both main collectors come to the
Main pit.
According to information gathered on the field, around 30% of households are currently
cnnected to the Cetinjes sewerage network. Realistic assumption is that all households
will be connected to the sewerage network at the latest in year 2020. It may be noted that
most of the major tourist and industrial facilities being in operation are connected to the
sewerage network (coverage of 100%). It is necessary to ensure that, under EU
regulations, effluent or industrial waste waters discharged into the sewage network and
delivered to the future WWTP have the quality with the maximal value of 300 mg/l BPK,
which provides qualitative and sustainable operation of the WWTP.
Regarding planning document for the town of Cetinje there are General Urbanistiki Plan
(GUP) from 2007 and Detailed Urban Plan (DUP) for the settlement Aerodrom, while the
DUPs for settlements Donje polje and Donji kraj are in the process of preparation. This will
cover much of the GUP Cetinje, while other DUPs are in the preparation phase. According
to the Feasibility Study location of the future CWWTP is defined outside the area of GUP
Cetinje, i.e. in the area of Cadastral Municipality of Dobrsko selo.
Within the preparation of the Preliminary Design it is envisaged the separation of the
existing mixed system sewerage network into fecal and storm sewerage, which will be led
from Cetinjsko field by special drains in future tunnel "Belveder" to the CWWTP, i.e. after
the treatment, both waters will be led by combined channels to the Crnojevica River.
When proposing a solution for new collectors, the existing unique collectors, which are
dimensioned to accept both, the storm and fecal waters, were left in the future for storm
water transportation. For receiving the used fecal waters new collectors are designed,
generally parallel with the existing one along the existing streets. On them will be
connected all existing and future users. For areas which do not have built sewerage nor
atmospheric network it is envisaged setting up of the same ones along the routes of the
future main roads whose preparation of planning documents is in progress. For these
pipelines in the expropriation study are envisaged investments for covering the
expropriation costs. Also for the route of drainage pipelines to the CWWTP location in
Dobrsko selo, it is defined a corridor seizing the space to set up these pipelines of cca
2,000 m2. For the very location of CWWTP in Dobrsko selo it is envisaged an
expropriation of the total area of cca 1 ha, covering partially or totally 12 plots. These plots
are not engaged now, i.e. meadows and pastures of 5th and 6th class, karst and rocks are
on them.
Within the activities of the project, one of the tasks is to prepare an Expropriation Study
(temporary and permanent), where a special emphasis will be given to the legislation
analysis, expropriation zone shooting along the pipeline and in the area of facilities and
definition of compensation value.
PAGE 6
Here it should be noted that the Real Estate Administration of the Republic of Montenegro
is in charge for implementing an expropriation process of the real estate for which the
public interest is determined. Real Estate Administration will carry out the expropriation
procedure at the request of Investors. Real Estate Administration is required to consult
with property owners regarding the facts on expropriation, before issuing permits for
expropriation. Put differently, determining the actual costs of expropriation will be
possible only after the Commissions coming to the terrain, their evaluation and
after completion of possible lawsuits related to determination of compensation for
damages.
The result of this Expropriation Study will be, therefore, only an estimation (as
accurate as possible based on available data) of expenses related to fees to the
owners regarding the project implementation, so-called Previous Expropriation
Study.
Grounds for assessing the expropriation expenses are laws, regulations and decisions
governing this area, the data obtained from the municipality, the Real Estate
Administration of the RoM, and Investor, as well as information obtained from the terrain
through which the pipeline passes, i.e. where the future WWTP will be located.
Regarding the expropriation, the legislation defines the procedures related to land
acquisition, that is compensation for damages to be caused within the project activities.
The basic law is Law on expropriation. Also, important are: Law on state property, Law on
ownership and legal rights, Law on state survey and real estate cadastre, Law on spatial
planning and object construction, Law on agricultural land, Law on olive growing, Law on
roads, Law on forests, as well as regulations and decisions that regulate the domain of
fees related to the expropriation.
From the municipality is obtained the information regarding the methodology for
determination of compensation for the easement of pass (pipelines installation), data on
real estate prices, as well as the data on cadastral income ladders.
From the Real Estate Administration of RoM are obtained valuable data regarding the
owners, purpose and size of the land.
Investor provided scanned geodetic plans of underground installations from year 1988, of
scale R=1:1000. On such grounds, newly designed digitized route was added, based on
which the data regarding plot numbers have been taken.
From the Investor are also obtained the data regarding land prices per cadastral
municipalities.
The percentage of the reduction of land market price in order to calculate the
compensation for the easement of pass was taken from the similar project in Montenegro
(Regional water supply for Montenegro coast, Waste water treatment plant and sewerage
network Bijelo Polje).
The calculations that are used for expropriation expenses assessment, as well as the
necessary explanations are given in the following chapters.
PAGE 7
2. LEGISLATION
2.1. LAW ON LEGISLATION (OFFICIAL GAZETTE ROM, NO. 55/00, 12/02)
According to the Law on expropriation, article 1, the expropriation is the deprivation or
restriction of property rights on real estate when it is required by the public interest, with
the compensation according to the real estate market value. Public interest for the
expropriation can be determined by special law or a Government decision.
The real estate expropriation procedure, for which the public interest is established, is
conducted by the republic administrative authority that is in charge for property and legal
affairs (article 13).
By the expropriation, under article 4, it can also be established an easement on real
estate and lease on the land for a limited time up to three years (incomplete
expropriation).
Compensation for the expropriated real estate is determined in terms of money terms,
unless otherwise determined by this law (article 36).
With a proposal for the expropriation, a certificate or other document required by the law
should be submitted, as an evidence that the user of the expropriation has provided funds
set aside in its special deposit account in the amount necessary to provide compensation
for the expropriated property (article 22).
Compensation for the expropriated buildable and town-buildable land is determined in
terms of money according to the market price of such land.
The compensation fee for a vineyard or orchard, according to article 40 is determined by
defining remuneration for the land under article 36, then adding the market value of nondepreciated investments generated for lifting and maintaining of such a vineyard or
orchard and pure yield amount this vineyard would produce, given the age and fertility, for
as many years as it takes for a new vineyard or orchard to be raised and to enter into
maximum fruitfulness. Regarding a young vineyard or orchard, that do not give the fruits,
the compensation fee is determined by setting the fee for the land according to article 36,
and adding the value of investments generated for land lifting and pure yield amount to be
achieved for as many years as a the vineyard or orchard is old until the moment
expropriation takes place. The fee is determined for trees or vines.
The compensation for expropriated mature or nearly mature forest represents the value of
forest assortments and other forest products at market prices determined in accordance
with the market prices at the truck road or other loading or redemption place, reduced for
production expenses (expenses of cutting, production and transport of forest assortments
from the forest to the truck road or other loading i.e. redemption place).
The compensation for establishing the easement is determined, according to article 48, in
the amount for which is, due to the establishment of the easement, reduced market value
of land or buildings.
PAGE 8
2.2. LAW ON STATE PROPERTY

The owner of things being state property is Montenegro. Certain powers over things in
state property are performed by municipalities in the manner prescribed by this Law.
Powers over things in state property are also carried out by other entities such as
government bodies, local authorities and public services founded by Montenegro or local
self-government and other authorities and organizations that use budget funds or manage
state assets.
Things and other goods at state disposition are natural resources, goods in public use
(roads, railways, infrastructural facilities of importance for Montenegro), other goods of
general interest (buildable land, agricultural land, land water etc.) and other goods in state
property (property acquired by purchase, exchange, expropriation, etc.).
Things and other goods at municipal disposition are natural resources, local goods in
general use (water and sewerage networks, local roads, streets in the settlements, plazas,
buildable land, agricultural land, land water, as well as other goods at municipal
disposition (property acquired by purchase, exchange, expropriation, etc.).
The Government may decide, at the request of municipality, to cede movable and
immovable things and other goods in the property of Montenegro to the municipality for
temporary management and use with or without compensation. Also, the municipality may
decide, at the request of the Government, to cede immovable and movable things in the
municipal property, that are not in use, to the Government for temporary management and
use with or without compensation.
If a certain immovable property held by a municipality is necessary for realization of public
interest of Montenegro, the municipality is, at the request of the Government, required to
return that immobility to the disposal of Montenegro without compensation. A certain
immovable property held by the Government can be, upon request of the Municipal
Assembly, given to the use or disposal of the municipality without compensation.
2.3. LAW ON OWNERSHIP AND LEGAL RIGHTS

The state may be the holder of property rights like other legal entities and natural persons
(dominium). Certain items of property (natural resources, goods in general use, the funds
of state authorities, cultural resources) are managed and disposed by the state or state
agencies and organizations in accordance with the law (imperium). Property powers over
the state-owned things are held by the Government of Montenegro, unless regulated
otherwise by particular law. Property powers over the state-owned assets, which serve to
satisfy the interests and functions of the municipalities are held by municipal authorities in
accordance with the law and statute.
The property right may be restricted in accordance with the law. No one shall be deprived
of property right except when required by the public interest established by law or under
the law, with a fee which can not be less than justful.
Easement is a right whose holder is entitled to exploit another person's property to a
certain extent or to require from its owner not to use it in a sort of way.
PAGE 9
The property owner is required, for a fee, to allow setting the lines on his land (water and
sewage pipes, gas lines, electric and telephone cables, poles, wires, etc.) if setting the
lines on other place requires the disproportionate expenses. The land owner has the right
to require from the owner of lines, gas lines and other devices to repurchase that part if its
use value is significantly reduced. The land owner has the right to, at his expense, move
the lines somewhere else on the same property, if the conditions do not deteriorate on
that other place.
Setting the lines and other devices (electrical, sewer, gas, water, hot water,
telecommunicational etc.) on someone else's property without the consent of its owner, it
is possible in the public interest pursuant to the law.
2.3.1. APPLICATION OF THE LAW ON OWNERSHIP AND LEGAL RIGHTS AND THE LAW ON STATE
PROPERTY IN THE PART OF REGISTERING THE OWNERSHIP RIGHTS IN REAL ESTATE CADASTRE
Law on ownership and legal rights, entered into force on 21 March 2009, and Law on
state property on 28 arch 2009.
In article 419 of the Law on ownership and legal rights it is prescribed that the Right to
manage, use or permanent use and disposal of publicly owned land, now state-owned
land, becomes, by an entry into force of this law, property right of until then holder of right
to manage, use or permanent use, unless regulated otherwise by particular law or unless
interested person proves that before coming into force of this law has acquired the
property right on certain land. Exceptionally, land for which in the process of privatization
or bankruptcy has not been paid the market compensation remains state-owned where
the facilities owners have the preemptive right or preferential right to lease.
The procedure for registration of property rights, in the above mentioned sense, is
prescribed in article 420 of this law and pending are procedure of appropriate adjustments
and change of ownership rights in real estate cadastre arising upon entry into force of this
law in the mentioned sense. Regarding that, it is necessary to proceed upon all property
titulars natural persons and legal entities that submit an application and to enable the
registration of property right in the real estate registry, i.e. deletion of right of use and
similar rights on buildable land, etc. as a recidive of public property.
2.4. LAW ON STATE SURVEY AND REAL ESTATE CADASTRE

This law regulates the state survey, real estate cadastre and registration of rights, lines
cadastre, the basic state map and topographic maps, survey of the state border and other
issues of importance for the state survey and cadastre.
According to this law, real estate includes: land (agricultural, construction, forestry and
other), facilities (commercial, residential, residential-business, economic and other
objects), separate parts of facilities (dwellings, business premises, garages, basements
and garages), other above-ground facilities (road structures, electric power facilities,
railway structures, air traffic facilities, industrial plants, telecommunications facilities,
facilities for sport and physical culture and other) and underground structures (garages,
reservoirs, pedestrian passageways, tunnels, shelters, subways, etc.).
Real Estate Cadastre is a unique public record wherein are inscribed immovable
properties, real rights on properties and obligation rights in accordance with the law.
PAGE 10
Lines are above and under ground with the appurtenant devices and plants (water supply,
sewerage, heating, oil, gas, electrical, telecommunications, drainage, industrial and other
lines). The appurtenant devices include devices that are constructed or under construction
on the lines, which enable the functioning and suitable use of platoons (manholes, poles,
fittings, etc.).
The holder of the right is a natural or legal person, that is entitled to property, closer real
law or obligation law on a particular property, while the user of an immovable property is a
natural or legal person that has some real right or obligation right in order to use or collect
fruits.
The property right shall be registered on the name of the real estate owner. During the
registration of the property right, a legal basis for acquisition of property right is registered
as well (contract of sale, gift, exchange and other, unilateral legal transactions for the
transfer of property rights, judicial decision, the decision of the competent authority).
State-owned properties are registered as state property with the titleholder of property
rights and authorizations in accordance with the law.
2.5. LAW ON SPATIAL PLANNING AND OBJECT CONSTRUCTION

By the adoption of planning document (spatial plan, urbanistic plan etc.) it is determined
the public interest for the expropriation of property for construction of planned facilities and
spatial planning.
2.6. LAW ON AGRICULTURAL LAND (OFFICIAL GAZETTE ROM, NO. 15/92, 59/92 AND 27/94)
Agricultural land, under this law, includes: arable land, gardens, orchards, vineyards,
meadows, pastures, swamps, ponds and wetlands, as well as other land which, by its
natural and economic conditions, can serve the general interests, if it is used or can be
used for agricultural production.
For arable agricultural land, under this law, shall be considered: arable land, gardens,
orchards, vineyards and meadows (Article 2).
According to Article 6 of the above-mentioned law, in order to protect agricultural land, in
case of its temporary use for non-agricultural purposes and to convert the purpose of
arable agricultural land, the fee is paid, unless otherwise provided by this law.
Agricultural land which is temporarily used for non-agricultural purposes should, after such
exploitation, recultivate technically, chemically and biologically, for being brought to the
original purpose. Under the permanent change of use of agricultural land, under this law, it
is considered any use of arable agricultural land which permanently disables the use of
land for agricultural production (construction of facilities, planting, releasing harmful and
dangerous substances in quantities that can damage or change the production capacity of
arable land etc).
PAGE 11
The compensation fee for temporary use of agricultural land for non-agricultural purposes
is determined in the amount of the average cadastral income for that land on the
municipalitys territory for the period within which the land is not used for agricultural
production. The fee is paid for each year of use of that land and in the first year when the
decision is made. The compensation fee for permanent change of use of arable
agricultural land is determined in the amount of the average cadastral income for arable
agricultural land on the municipalitys territory multiplied 100 times. Funds are paid into a
special Republic account for promotion of agricultural development.
2.7. LAW ON OLIVE GROWING (OFFICIAL GAZETTE ROM, NO. 55/03 FROM 01/10/2003)
This law regulates the terms and conditions of cultivation, protection of olive trees,
harvesting and processing of olive fruits, and marketing of edible olive oil. Pursuant to
article 19 which is important for the project, in the olive groves there is a ban on felling of
olive trees and seedlings, as well as their damage.
2.8. LAW ON FORESTS (OFFICIAL GAZETTE ROM, NO. 55/00)

According to article 38 of this Law, it is forbidden the construction of facilities and other
works execution in the forest that are not in the function of forest management.
Exceptionally, the construction of temporary facilities and other works execution in the
forest can be done only with the approval of the competent local self-government authority
and with the consent of the ministry responsible for forestry, for a compensation fee
pursuant to the law. Natural persons and legal entities that cause the damage to the stateowned forests are required to compensate it in the manner and under conditions
prescribed by the ministry of forestry.
2.9. LAW ON WATERS (OFFICIAL GAZETTE ROM, NO. 27/07 FROM 17 MAY 2007)
This law regulates the legal status and the way of integral management of water, water
and coastal land and water facilities, the conditions and the way of performing water
activities and other issues of importance for water and water good management.
On the basis of article 115 of this Law it is necessary to ensure, by the competent
Ministry, water requirements for the facilities and works related to regional and public
water supply systems. When submitting application, it is necessary to draw the attention
to the competent Ministry on the fact that the pipelines will pass across the stream, or in
some cases along the stream.
2.10. LAW ON ROADS (OFFICIAL GAZETTE ROM, NO. 42/04)

Pursuant to Article 4, paragraph 1, line 37, road belt is a belt of land on either side of the
road belonging to this road and whose width outside of the settlements is for highways,
main roads and regional roads at least 2 m and 1 m for the local roads counting from the
lines that make the end points of cross section road profile (from the outer edges of the
cut and embankment feet if there is no ditch). Thus, hull of the road is paved portion of the
road plus at least 2 meters on either side of the road.
PAGE 12
2.11. RULEBOOK ON COMPENSATION FOR DAMAGE CAUSED TO THE STATE-OWNED

FORESTS BY INDIVIDUALS OR LEGAL ENTITIES (OFFICIAL GAZETTE ROM, NO. 56/01)
Private and legal entities compensate the damage they cause to the state-owned forests
in the manner and under conditions prescribed by this rulebook. Compensation for the
damage for certain forest product is calculated by raising the selling price of certain forest
product, on the site where the damage is done, for the amount obtained by applying the
percentage specified in this rulebook on the selling price of that product. The selling price
is calculated without margins and taxes and is determined based on the prices achieved
by forestry companies. For damages caused to the forest products, which the committer
did not arrogate, the amount of compensation is reduced for the selling price of these
products.
2.12. REGULATION ON THE USE AND COMPENSATIONS FOR THE USE OF ROAD BELT AND
OTHER LAND BELONGING TO PUBLIC ROAD (OFFICIAL GAZETTE ROM, NO. 73/04 FROM
03/12/2004)
This Regulation provides, inter alia, the amount of the fee for installment and annual fee
for using the pipelines, water mains, sewers, electric, telegraph and other lines on the
public road etc.
2.13. REQUIRED OPINIONS AND APPROVALS

In the case of pipelines passing through the town streets, it is not necessary to pay the
fees, but it is necessary to obtain the opinion or approval of the Municipal Secretariat for
investments and communal housing. This secretariat provides the time period for the
digging of streets and returning to their original state.
PAGE 13
3. SOCIO-ECONOMIC ANALYSIS
The design for construction of sewerage network and WWTP does not result in
displacement of people or complete expropriation of significant area of land. Specifically,
for the construction of CWWTP, it is necessary to permanently expropriate 6 plots, as well
as parts of another 6 parcels of 9,800 m2 (fields V class, forests V class, pastures IV class,
meadows VI class and carst) in Cadastral Municipality of Dobrsko selo.
In most cases, the pipeline will pass through the streets, while the portion of the
expropriation refers to the easement of pass. Namely, people will be affected by the fact
that the pipeline will pass through their property (to a greater or lesser extent). If these
people are provided with an adequate compensation, major problems or objections should
not be expected. Here it is necessary to emphasize that if a property is damaged during
the excavation (orchards, garden, vineyards), the damage that is caused must be
compensated to the owners. There will not be many such cases, considering the type of
the land through which the pipeline passes.
In order to reduce potential negative impacts, it is necessary that the population is on time
introduced to the project and its significance, so that harassment of the inhabitants is
reduced to a minimum ad the consequences of land diggings, removal of gardens,
orchards or vineyards are mitigated.
PAGE 14
4. REVIEW OF PLOTS PER OWNERSHIP, PURPOSE AND AREA

The following tables show the plots through which the sewerage pipeline will pass, and
where the Central Waste Water Treatment Plant will be placed (CWWTP), which is why
the owners of these parcels will have a right of fee for an easement of pass or for the
complete expropriation. There are given data regarding plot numbers, municipalities and
cadastral municipalities where the plots are located, plot size and purpose, the owners,
the pipeline length and expropriation belt area.
The total length of a new sewerage network is cca 8,300 m, out of which about 7,000 m
refers to the pipes that will be installed under the streets (84%) and 1,300 m through
public or private plots.
The total belt area, for which the fee for easement of pass is to be calculated, amounts to
about 6,600 m2, out of which about 31% (2,000 m2) refers to natural persons, and 69%
(4,600 m2) refers to the state property.
PAGE 15
TABLE 1 - PIPELINES PASS, THE OWNERS AND EXPROPRIATION BELT FOR FEE CALCULATION
MUNICIPALITY:
ADASTRAL MUNICIPALITY:
EXPROPRIATION:
No.
1
2
3
4
Cetinje
Cetinje I
Pipelines pass (easement of pass)
PLOT
plot no.
4695
4698
1551
4696
owner
size (m )
38,389
23,862
1,626
3,077
1675
153
1677
210
1678
1,001
8
9
10
11
12
13
14
1808
1809
1810
1811/2
1811/1
1813
1822
643
422
1,467
59
82
392
352
15
1824/
1,2,10,11
346
16
1839
2,001
17
1845/2
20,425
18
1845/1
19
2049
885
20
21
22
23
24
25
4696
4700
4702
4090
4091
4096
3,077
8,596
16,752
570
42,180
23,679
26
4155
2,216
D.S. Prestonica Cetinje

Vujovi Bajjo Krsto
Djurii Vasiljka
Mrvaljevi Jakov
Mrvaljevi Bosna
Mrvaljevi Nevenka
Markovi Bogdan Lazar
Boti Zvonko Irena
Boti Zvonko Mirela
Kato Jano Jano
Kato Slavica
Boti Zvonko Ivana

2,470 D.S. Prestonica Cetinje
Vui Veselin
Cvetkovi Savo Jasna
Miloevi Radoje Olga
Miloevi Miomir Natalija
Vui Predrag
Mrvaljevi Bosna
Miloevi Miomir Dragan
identification
number
2005115000000
2005115000000
2005115000000
2005115000000
2005115000000
3003979254989
2005115000000
6206000000634
2005115000000
6206000000631
6206000000632
6206000000633
2005115000000
2005115000000
2005115000000
6206011101952
2005115000000
2005115000000
2005115000000
2106972255017
2708973255018
3105956250010
6206011101853
6913000000950
2005115000000
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Predgradje 10
Bajova 2
Cetinje
Bajova 2
Cetinje
Cetinje
Cetinje
Bajova 2
Bajova 2
Bajova 2
Omladinska 2
Bajova 2
Bajova 2
Bajova 2
P.Rovinjskog 20
P.Rovinjskog 20
Predgradje 1
Predgradje 1
P.Rovinjskog 20
Bajova 2
2005115000000 Bajova 2
2005115000000 Bajova 2
2005115000000
2005115000000
2005115000000
2005115000000
2005115000000
2005115000000
2005115000000
2005115000000
0612948880011
0912959255015
1405957255020
2001979255024
2210951710034
2404932255023
2512980250014
DESCRIPTION
address
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Novi Sad
settlement IV Juli 9
Gruda 4
Gruda 4
Cetinje
Budva
Gruda 4
unclassified
unclassified
unclassified
unclassified
roads
roads
roads
roads
1,019.60
1,629.20
243.90
84.30
yard
field 2
nd
class
nd
orchard 2
class
karst, rocks
karst, rocks
unclassified roads
infertile land
infertile land
nd
orchard 2 class
nd
orchard 2 class
nd
orchard 2
pipeline expropriation belt

2
length (m)
(m )
class
unclassified roads
land along residentialcommercial building
unclassified roads
land along residentialcommercial building
unclassified roads
unclassified roads
unclassified roads
unclassified roads
naturally infertile land
nd
meadow 2 class
st
meadow 1 class
PAGE 16
93.00
9.20
46.00
26.80
134.00
8.00
11.60
5.70
11.80
5.70
13.90
13.20
40.00
58.00
16.70
83.50
59.00
28.50
69.50
66.00
6.00
231.50
6.30
42.10
REMARK
state property, legal

state property
utilization
state property
utilization
state property
co-utilization 3/10
co-utilization 4/10
co-utilization 3/10
5.70 state property, legal
property
co-ownership 1/12
co-ownership 1/12
co-ownership 6/12
co-ownership 3/12
co-ownership 1/12
6.00 state property, legal
1,019.60
1,629.20
243.90
84.30
18.60
46.30
expropriation
belt (m)
599.00
1,598.50
49.90
249.50
entity
entity
entity
entity
entity
entity
entity
state property, legal entity

6.30 state property, legal entity
210.50
71.90
18.50
387.30
88.00
119.80
319.70
entity
entity
entity
entity
71.90
18.50
387.30
88.00

state property
co-utilization 3/24
co-utilization 3/12
co-utilization 1/12
co-utilization 1/12
co-utilization 3/24
co-utilization 3/12
co-utilization 1/12
entity
entity
entity
entity
entity
entity
entity
PLOT
No.
plot no.
27
4160
28
29
30
4709
4180
4243
31
4084
32
4082
33
34
35
36
37
38
39
40
4710
4570
4711
3931
4019
4478
4479
4449
41
4521
42
4512
43
4515
44
4513
45
4477
46
4476/
1,2,3,4
47
4458/2
48
4458/1
49 Total
size (m )
owner
Cetinje
Cetinje I
Pipelines pass (easement of pass)
Lackovi Gavro Olga
11,392
Cetinje turist dd
3,834
Monastery of St.Peter
579 D.S. Prestonica Cetinje
236
Prlja Mitar Ljubomir
413
Ljekovi Blao
470
Bogdanovi Duan Kosta
386
Durovi Dragoljub Zoran
351 Jovovi Radovan Slobodan
Jovovi Radovan Milutin
Petrievi Milorad Filip
1,192 Pavievi Blao Rajko
Novovi Radosav Ljubomir
Jankovi Jelena
Miloevi Dragan Duan
669 Miloevi Rajka
Miloevi Dragan Mirko
Miloevi Dragan Marko
2,755
identification
number
2005115000000
2408929710017
2602931715280
6913000000732
2005115000000
2005115000000
2005115000000
2005115000000
0000002004828
2005115000000
6913000001577
2005115000000
2005115000000
2005115000000
2005115000000
2005115000000
2005115000000
2005115000000
2005115000000
2005115000000
1203938250016
2005115000000
1104978250010
2005115000000
0306941250019
2005115000000
1804972250010
2005115000000
0307954710325
2505950250010
2005115000000
1911978254981
0408956250012
0404979250065
3109822255014
2005115000000
0410987250155
1106963255019
1802995250015
2103989250028
2005115000000
DESCRIPTION
address
Bajova 2
Beograd
Omladinske brigade
Grude 3
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Njegoeva
Bajova 2
Cetinje
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Bajova 2
Cetinje
Bajova 2
Cetinje
Bajova 2
D.polje 46
Bajova 2
D.polje 46
Bajova 2
Danilo Bojovi 3
D.polje 46
Bajova 2
L.Ivanievia 7
Podgorica
Kue u nizu bb
Bul. Crnogor.junaka 98
Bajova 2
Donje polje 44
Donje polje 44
Donje polje 44
Donje polje 44
Bajova 2
nd
pipeline expropriation belt

2
length (m)
(m )
53.80
orchard 2 class
unclassified roads
unclassified roads
unclassified roads
land along the non-economic
building, yard
land along the non-economic
building, yard
unclassified roads
unclassified roads
unclassified roads
st
meadow 1 class
unclassified roads
unclassified roads
unclassified roads
unclassified roads
269.00
854.20
131.70
194.10
156.00
780.00
63.20
316.00
657.20
258.90
827.00
97.30
121.30
75.50
90.40
188.30
486.50
st
37.50
187.50
orchard 1 class
st
18.60
93.00
yard
18.90
94.50
yard
20.60
103.00
41.70
208.50
49.00
245.00
rd
40.20
201.00
rd
9.30
8,278.70
46.50
6,597.00
orchard 1 class
st
orchard 1 class
rd
meadow 3 class, karst and

rocks
pasture 3 class
pasture 3 class
PAGE 17
expropriation
belt (m)
REMARK

co-utilization 2/4
co-utilization 1/4
co-utilization 1/4
utilization
utilization
utilization
utilization
utilization
utilization
co-utilization 1/2
co-utilization 1/2
co-utilization
co-utilization
co-utilization
co-utilization
co-utilization
co-utilization
co-utilization
co-utilization
6,959.30
TABLE 2 PARTIAL OR COMPLETE EXPROPRIATION
Cetinje
MUNICIPALITY:
ADASTRAL MUNICIPALITY: Dobrsko selo
EXPROPRIATION:
Redemption of land for Waste Water Treatment Plant
PLOT
No.
identification
2
plot no.
owner
address
size (m )
number
Vuki Stevo Danilo
0305931710007 Bul.Avnoja 66
1
2095
238
Vuki Mihajlo Budimir
3008951220010 J.Stojanovia 6
Vuki Stevo Danilo
0305931710007 Bul.Avnoja 66
2
2099
20,185
Vuki Mihajlo Budimir
3008951220010 J.Stojanovia 6
Vuki Marko Djordje
6913011105599 Bijela
3
2101
22,175
Vuki Marko Petar
6913011105600 Novi Sad
1609948255047 Bajice 52
4
2102
1,462 Mrvaljevi Gospava
5
2103
226 Mrvaljevi Gospava
1609948255047 Bajice 52
6
2104
1609948255047 Bajice 52
6
2105
1609948255047 Bajice 52
7
2106
1609948255047 Bajice 52
1609948255047 Bajice 52
8
2107
9
2108
1609948255047 Bajice 52
10
2111
1609948255047 Bajice 52
11
2112
1609948255047 Bajice 52
12 Total
DESCRIPTION
pipeline expropriation belt expropriation

2
length (m)
belt (m)
(m )
th
120.61
field 5 class
th
216.94
forest 5 class
th
2,681.87
karst, rocks
th
pasture 4 class
th
pasture 4 class
th
meadow 6 class
th
meadow 6 class
karst, rocks
th
meadow 6 class
th
meadow 6 class
th
pasture 6 class
1,462.00
226.00
1,712.00
559.00
21.75
231.66
547.00
1,114.00
906.49
9,799.32
forest 5 class
PAGE 18
REMARK
co-ownership 1/2
co-ownership 1/2
co-ownership 1/2
co-ownership 1/2
co-ownership 1/2
co-ownership 1/2
property
property
property
property
property
property
property
property
property
% of
redemption
50.68%
1.07%
12.09%
100.00%
100.00%
100.00%
100.00%
9.29%
58.65%
100.00%
100.00%
34.96%
5. FEE ESTIMATION FOR PIPELINES INSTALLATION (EASEMENT OF

PASS)
The expropriation belt, is calculated by multiplying pipeline length by trench width which
includes pipe diameter and area for trench works manipulation. The total trench width,
based on construction standards, equals 5 m.
Based on practices in municipalities wherein the assessment was conducted for
expropriation purposes, the fee value is calculated by multiplying the expropriation belt
area, in square meters, by the reducted market price. This reduction amounts 85%.
Therefore, the fee estimation for pipelines pass through plots is 15% of the land market
price.
The land market prices, in the area through which sewerage pipeline passes, range from
10 to 100 /m2.
Regarding calculation of fees, the consultant applied the prices of land that differ per
cadastral municipalities and which amount to:
Table 3 Land market prices and fees for pipelines pass
No.
Land
market
price in
/m2
Cadastral municipality
Cetinje 1
Dobrsko selo
Fee for
pipelines
pass in
/m2
100.0
15.00
10.0
The fee for easement of pass for private owners/users equals 30,998 euros and 67,958
euros for legal owners. The calculation is shown in the following table.
TABLE 4 FEES FOR PIPELINES PASS
Expropriation belt in m
No.
Cadastral
Municipality
1 Cetinje I
private
property /
use
2,066.50
state
property
4,530.50
Fee for easment of pass in
total
6,597.00
private
30,998
state
67,958
total
98,955
PAGE 19
6. PERMANENT EXPROPRIATION
For construction of Central Waste Water Treatment Plant in the Municipality of Cetinje,
Cadastral Municipality of Dobrsko selo, it is necessary to redeem part of the land plots or
all plots, which are privately owned by families Vuki and Mrvaljevi, size of 9,800 m2.
Regarding the structure of land for complete expropriation, there are mainly forests,
pastures, meadows and karst. The structure of land for redemption is presented in the
following graph.
Structure of land for complete expropriation
pasture6thclass
9%
forest5thclass
30%
meadow6thclass
23%
field5thclass
1%
pasture4thclass
20%
karst,rocks
17%
The redemption expenses of this land have been estimated with the price of 10 /m2 and
they amount to 97,993 euros.
TABLE 5 - COMPLETE EXPROPRIATION EXPENSES
No.
1
2
3
4
Family
Vuki Danilo & Budimir
Vuki Djordje & Petar
Mrvaljevi Gospava
Total
area
2
m
337.55
2,681.87
6,779.90
9,799.32
fee
EUR
3,375
26,819
67,799
97,993
%
3.4%
27.4%
69.2%
100.0%
PAGE 20
FIGURE 3 - DOBRSKO SELO
PAGE 21
7. FEE FOR CHANGING THE USE OF AGRICULTURAL LAND

Based on the Law on agricultural land, changing the use of agricultural land must be
compensated to the Republic for stimulating agricultural development. This fee is
calculated as 100-year cadastral income for the type of land whose usage purpose is
changing.
Based on the data from the Decision on cadastral income valoration, Official Gazette of
RoM, no. 24/00, we came to approximate amount of cadastral income for pastures,
forests, fields and meadows in Montenegro, which is on average 0.0045 /m2.
Total fee for changing the use of agricultural land is estimated at 3,648 euros.
PAGE 22
8. SUMMARY AND CONCLUDING REMARKS

Having in mind the laws, regulations and practices, it is quantified the redemption and
compensation which arise as a consequence of the design for sewerage network and
waste water treatment plant in the town of Cetinje.
In order to reduce potential negative impacts, it is necessary to adhere to the following:
Disturbance of the population should be reduced to a minimum
Lost property should be compensated to the people
Contractors should commit to reduce the property damage to a minimum.
Namely, it is necessary to pre-define the damage that will occur during the
pipelines installation and to compensate it to the owners. That damage to
orchards, gardens, etc. is estimated at 10% of the sum of values of the fee for
easement of pass, complete expropriation expenses and fee for changing the use
of agricultural land. Everything beyond this, which is caused unintentionally,
negligently, or deliberately needs to be borne by contractors themselves.
In cases when there is a number of the owners of one plot through which the
pipeline passes, all of them should be paid out proportionally to the share of each
in total ownership. No one should be forgotten.
The physical contingencies are estimated at the amount of 15% on total redemption and
compensation expenses. These costs include expropriation commission costs as well.
In the following table it is presented the recapitulation of redemption and compensation
expenses. Total expenses amount 254 thousand euros.
TABLE 6 RECAPITULATION OF REDEMPTION AND COMPENSATION EXPENSES
Price level: June 2011
No.
ITEM
1 Fee expenses for pipeliness pass

through plots (easment of pass)
2 Complete expropriation expenses
3 Fee for changing the use of agricultural
land
4 Total (1+2+3)
5 Fee for causing the damage to farms
and orchards
10% of 4
6 Total (4+5+6)
7 Physical contingencies
15%
8 Total
Sewerage network and WWTP Cetinje

private
state owners
total in
owners /
users
30,998
97,993
67,958
0
98,955
97,993
0
128,991
0
67,958
3,648
200,596
12,899
141,890
21,283
163,173
6,796
74,753
11,213
85,966
20,060
220,655
33,098
253,754
PAGE 23
Redemption and compensation expenses,

Design for sewerage network and WWTP Cetinje
Fee for causing the

damage to farms during
excavation
7.9%
Physical contingencies
13.0%
Fee for easement of
pass
39.0%
Fee for changing the use

of agricultural land
1.4%
Complete expropriation
expenses
38.6%
PAGE 24
9. LITERATURE
1. Law on expropriation
2. Law on state property
3. Law on ownership and legal rights
4. Application of the Law on ownership and legal rights and the Law on state property in
the part of registering the ownership rights in real estate cadastre
5. Law on state survey and real estate cadastre
6. Law on spatial planning and object construction
7. Law on agricultural land (Official Gazette of RoM, no. 15/92, 59/92, 59/92 - regulation
and 27/94 - other law
8. Law on spatial planning and development (Official Gazette of RoM, no. 28/05),
9. Law on nature protection (Official Gazette of RoM, no. 36/77, 38/77, 2/89, 39/89, 48/91,
17/92, 27/94)
10. Law on forests (Official Gazette of RoM, no. 55/00)
11. Law on olive growing (Official Gazette RoM, no. 55/03 from 01/10/2003)
12. Law on roads (Official Gazette of RoM, no. 42/04)
13. Rulebook on compensation for damage caused to the state-owned forests by
individuals or legal entities (Official Gazette of RoM, no. 56/01)
14. Regulation on the use and compensations for the use of road belt and other land
belonging to public road (Official Gazette of RoM, no. 73/04 from 03/12/2004)
15. Republic of Montenegro: Sustainable tourism development project in Montenegro,
Annex 15, Resettlement policy framework
PAGE 25

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GOVERNMENT OF MONTENEGRO

PRELIMINARY DESIGN FOR WWTP CETINJE &

BOOK 5 WASTE WATER TREATMENT

GENERAL PROJECT CONTENT

NAME OF PROJECT PART

HYDRAULIC TUNNEL BELVEDER

WASTE WATER TREATMENT PLANT (WWTP)

Electrical design new TS

Electrical design electrical equipment for the treatment process and

Electrical design additional installations

Previous expropriation study

Note: All general documentation of project is located in Book 1 General book.

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

1. INTRODUCTION AND METHODOLOGICAL APPROACH

FIGURE 1 CETINJE-GEOGRAPHICAL POSITION

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

2.2. LAW ON STATE PROPERTY

2.3. LAW ON OWNERSHIP AND LEGAL RIGHTS

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

2.4. LAW ON STATE SURVEY AND REAL ESTATE CADASTRE

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

2.5. LAW ON SPATIAL PLANNING AND OBJECT CONSTRUCTION

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

2.8. LAW ON FORESTS (OFFICIAL GAZETTE ROM, NO. 55/00)

2.10. LAW ON ROADS (OFFICIAL GAZETTE ROM, NO. 42/04)

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

2.11. RULEBOOK ON COMPENSATION FOR DAMAGE CAUSED TO THE STATE-OWNED

2.13. REQUIRED OPINIONS AND APPROVALS

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

4. REVIEW OF PLOTS PER OWNERSHIP, PURPOSE AND AREA

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

D.S. Prestonica Cetinje

D.S. Prestonica Cetinje

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

pipeline expropriation belt

state property, legal

state property, legal entity

state property, legal

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

pipeline expropriation belt

meadow 3 class, karst and

state property, legal entity

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

pipeline expropriation belt expropriation

5. FEE ESTIMATION FOR PIPELINES INSTALLATION (EASEMENT OF

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

Fee for easment of pass in

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

FIGURE 3 - DOBRSKO SELO

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

7. FEE FOR CHANGING THE USE OF AGRICULTURAL LAND

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

8. SUMMARY AND CONCLUDING REMARKS

1 Fee expenses for pipeliness pass

IOV10-17 IK CONSULTING ENGINEERS APRIL 2012

Sewerage network and WWTP Cetinje

Redemption and compensation expenses,