For obtaining the land in order to build the magistral pipeline a specific form of land expropriation is applied, namely the Right of servitude. The Right of servitude can be realized on the basis of established public interest, which can be defined according to the spatial plan of the relevant area. The Right of servitude is analyzed from the point of its influence on the respect of basic human rights of property owners to enjoy their property in safety and without disturbance. Current legal framework in Serbia that regulates procedures for acquiring land for the purpose of public interest allows for breach of private property rights. There is a mutual inconsistency between a number of decrees that regulate property rights for large infrastructural development projects. A specific, and possibly a greater problem, is the status of the local population, the land owner and other real estate. It concerns their awareness of their private and individual rights, as well as technical and other legal standards, which must be applied during the preparation, construction and working stages of an energy facility. Applying the Right of servitude as a way to acquire land for construction of the Pipeline, there is direct breach of the basic human right as stated in the first Protocol of the European Convention on Human Rights, namely that ‘every natural or legal person is entitled to the peaceful enjoyment of his possessions’ (Article 1, Protocol 1). The Right of servitude allows the investor to use ‘public interest’ as a way of gaining access to another’s land, and under better financial conditions than if he were to apply permanent expropriation. While the owner retains his/her ownership of the land, inconvenienced by numerous limitations of its use, usability and market value of the land becomes substantially reduced
The initial research carried out for the purpose of elaborating the Spatial Plan for Kosovo-Metohija Lignite Basin indicated the need to address numerous conflicts and opposing interests in the area concerned. This required the Plan to focus on harmonizing the economic, social and spatial aspects of developing a mining-energy-industrial system (hereinafter MEIS) and its surroundings, devising the new ways for the protection of local population interests and use of novel approaches in dealing with the environmental consequences of lignite exploitation and processing. The area wherein Kosovo-Metohija lignite deposits are found is replete with diverse conflicting interests, including insufficient and uneven development, extremely large overall and especially agrarian population density (among the highest in Europe), unemployment and a sizable portion of the grey economy, low level and quality of services of public interest, ethnic conflicts and polarization, etc. The environmental effects of MEIS activities in a situation of this kind were revealed by the early stages of research in all segments of economic, social and spatial development, along with a high degree of environmental degradation. The main conflict in the Plan area is the one between mining and agriculture, i.e. open pit lignite mining and high-fertility soil covering lignite deposits. The conflict is additionally aggravated by the remarkable density of agricultural population on this territory and high selling prices of the land. Therefore, a substantial part of the Plan’s propositions was related to the conditions of settlement and infrastructure relocation, population resettlement and measures to relieve the tensions and prevent the outbreak of potential conflicts in implementing the Plan. The Spatial Plan is conceived as a complex and comprehensive document defining the framework, basic principles, starting points and measures tackling the numerous development conflicts, spatial, social and ecological limitations, including the relevant analytical and data bases deriving from field research and surveys. Despite the fact that under the UN SC Resolution 1244, the Autonomous Province of Kosovo and Metohija has been under the jurisdiction of the United Nations since June 1999, we believe that the Draft of the Spatial Plan and the research work done for its purpose are still valid, since to this date there have been no attempts to start the formation of new open pits in Kosovo lignite basin
Paper considers different aspects of spatial development management in the zones characterized by significant spatial interventions, whose consequences are structural changes in usage of space, social and economic development, environmental and ambient quality. Those are, above all, big mining regions, zones of big water accumulations and main infrastructure corridors. Paper deals with normative, institutional and organizational assumptions for managing spatial development, planning approaches, construction and spatial arrangement, searching and structuring data basis and development of information system, system of indicators and monitoring system. Special attention is given to balance and synchronization of activities during compilation of study, planning and technical documentation, as well as procedures of considering and enacting appropriate decisions by competent authorities on national, regional and local level
The main task of planning documents is to achieve maximal rationality in the use of space, spatial resources, and balanced territorial development. The preparation of plans is regulated by a legislative framework, which embraces multiple phases and stakeholders. In a perfect planning process, it would be expected that all the elements are well coordinated and brought to common understanding, but in reality, obstacles and challenges can occur in any of these steps, especially in the implementation phase. Although a plan is fully prepared to be practiced, its implementation might be omitted. Therefore, this article analyzes the full process of spatial and urban planning from the perspective of plan implementation. The methodology is based on a combination of different data collection methods (interviews, fieldwork, direct observation) with the analysis of plans and the particular mention of those plans that picture the implementation issues the most. Also, legislative acts and semi-annual and annual reports on the achievements of the local government budget are analyzed. The approach indicates that plan implementation depends the most on the willingness of the government to perform changes in the system and to peruse punitive policy comprehensively. Although it is about implementation at the local level, the success primarily depends on clear definitions given in the legislative acts, freedom of the local communities to make their own decisions, and financial decentralization, side by side with the regional and local circumstances, institutional technical and staff capacities, and application of participatory planning that involves actors from various sectors.
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