The Radom Municipality is assigned in the project to acquire necessary land to implement adaptation measures in 3 locations: by Cerekwianka River along Solidarności Street, Potok Północny between the railway tracks and Olsztyńska Street and by Mleczna River at Sucha Street above the Borki Reservoir.
Taking into consideration the ownership status of the properties - the fragmentation of ownership, ongoing inheritance proceedings and possible claims by former owners in relation to the municipal plots, civil law procedure of land acquisition may cause risks of significant extension in time and difficulty with determining the estimated time to complete the implementation actions in the project. The land is located on undeveloped wetlands, wastelands and shrub areas, which often undergoes uncontrolled overflows from the river, and is inappropriate for such uses as residential or business buildings construction. The adaptation measures planned in the LIFERADOMKLIMA-PL project have played major role in protection of some areas of the city against uncontrolled river overflows, which is a very important public interest issue. That is why we came to a conclusion that due to the land characteristics and our adaptation measures planned on it, the special flooding act is the most appropriate for the rapid implementation of the adaptation measures. The acquisition of the land needed for the project in supposed to be run by expropriation based on this special flooding procedure - Act of July 8th, 2010 on special rules for preparation to realization of investments in the field of flood protection structures (Dz. U. 2010 nr 143 poz. 963).
What is worth highlighting, the amount of compensation, both in the way of purchase as well as in the procedure of expropriation is the same, and is based on the property appraisal reports. In addition, the Act of July 8th, 2010 provides the possibility to increase the base compensation value by 5% for those owners who shall transfer the expropriated allotments within 30 days. This type of situation proved to be successful in proceedings related to the acquisition of real estate for roads construction, when owners accelerated the ownership transfer, knowing that this would give them higher compensation.
The special flooding (expropriation) procedure has become a part of legislation in 2010, as a response to occurrence of previous years’ floods, and was aimed to improve flood protection in Poland. It is now commonly used in Poland, as it seriously shortens the time needed for land acquisition, comparing to other procedures. According to the special flooding procedure, the investor does not have to wait with the start of the field work until the compensation payment, and only the decision of the Voivode is required.
Polder flood plain at the Cerekwianka Stream
Multi-use water retention area at Potok Północny – 1,7 ha