Georgia’s Laws and Regulations on Land 
              Acquisition and Resettlement
   The Constitution of Georgia, August 24, 1995
   The Civil Code of Georgia, June 26, 1997
   The Civil Procedural Code of Georgia, November 14, 1997
   The Law of Georgia on Ownership Rights to Agricultural Land, 
     March 22, 1996
   The Law of Georgia on the Rules for Expropriation of Ownership 
     for Necessary Public Need, July 23, 1999
   The Law of Georgia on Privatization of State-owned Agricultural 
     Land, July 8, 2005
   The Law of Georgia on Recognition of the Property Ownership 
     Rights Regarding the Land Plots Owned (Used) by Physical 
     Persons or Legal entities; 2007
   The Law of Georgia on Protection of Cultural Heritage, 2007
   The Law of Georgia on Public Register; December 19 of 2008;
   The Law of Georgia on Notary Actions, December 4, 2009
  National legislation envisages the following 
        mechanisms for land acquisition:
       Obtaining  the  right  of  way  without  expropriation 
     through the payment of due compensation (on the 
     basis of a willing buyer-willing seller agreement or a 
     court decision by which an amount of compensation 
     is set) prior to commencement of the activities.
     Expropriation which allows obtaining permanent right 
     to land and/or other real estate property on the basis 
     of Eminent Domain Law* or a court decision through 
     the payment of due  compensation.
   * Attempts should first be made to acquire private land on the basis of 
     negotiation with individual affected entities. Should the negotiation fail, 
     the power of eminent domain will be sought, and expropriation process 
     will start.
         Main provisions of Georgia’s laws and 
                         regulations on LAR
       The national  Laws  provide  that  compensation  for  lost  assets, 
        including  land,  buildings,  trees  and  standing  crops,  should  be 
        based on the current market price without tax and depreciation.
       Overall the national laws/regulations provide that the principle of 
        replacement cost compensation at market value is reasonable 
        and legally acceptable. 
       The  national  laws  categorize  the    damages  eligible  to 
        compensation and indicate that both for loss of physical assets 
        and loss of incomes are subject to compensation.
       National laws provide for income loss due to loss of harvest and 
        business closure to be compensated to cover net loss. 
       National  laws  contain  provisions  for  consultation  and  prior 
        notification to ensure that the affected persons participate in the 
        process.
   WB’s Policy on Involuntary Resettlement
       The three important elements 
   1.Compensation to replace lost assets, livelihood 
   and income regardless of the legality of land tenure.
   2. Assistance for relocation, including provision of 
   relocation sites with appropriate facilities and 
   services.
   3. Assistance for rehabilitation to achieve at least 
   the same level of well-being with the project as 
   without it.
           Gaps between national legislation 
                          and WB policies
           Georgia Laws and                         WB OP 4.12
              Regulations
    Land compensation only for titled    Lack of title is not a bar to 
    landowners. Legalizable land         compensation and/or rehabilitation. 
    owners are compensated only upon  Non-titled landowners receive 
    registration of the titles           assistance in livelihoods restoration.
    Only registered houses/structures    All affected houses/structures are 
    are compensated for damages/         compensated for damages/ 
    demolition caused by a project       demolition caused by a project
    Only registered landowners are       Landowners and sharecrop/lease 
    compensated for crop losses          tenants whether registered or not 
                                         are compensated for crop losses 
    No specific provisions for the       Time bound implementable 
    process of resettlement planning     Resettlement Action Plan needs to 
    and its specific tools including     be prepared, disclosed  and duly 
    preparation of any plan related to   implemented before the project 
    land acquisition and resettlement    works start