Premium article: The law on Nabucco project – under debate. Hundreds of landowners in Timis could be affected by the gas pipeline


A large part of the Romanian section of the famous Nabucco project will cross the territory of Timis County, through which the gas of the former Soviet republics would reach Western Europe, as an alternative for gas supplied by the “mother Russia”. The Ministry of Economy has published a bill that would regulate Nabucco. It stipulates, among others, the manner in which the landowners will be affected by the pipeline. For the moment the route is secret.

[cleeng_content id=”796313043″ description=”Buy this translation today. The article has 4446 characters with spaces. ” price=”5.49″ t=”article”]According to estimates made by authorities, a number of 16,000 people holding land and construction, including in Timis, would be affected by this pipeline. The new bill establishes the manner in which compensation will be paid for lands and constructions affected by the gas pipeline. The Government is not involved, being a private project of Nabucco Pipeline International GmbH, the project company that must build the gas pipeline. However, even if we speak about a private project, the head note of the bill issued by the Government expressly mentions that the rights of superficies and easement that Nabucco Romania will benefit from will be exercised without needing the prior consent of the current owners or of holders of activities on lands, provided that the Nabucco companies pay a compensation to them. All these restrictive provisions are caused by the danger to stop the project since construction in the event of litigation. According to the draft prepared by the ministry, “compensation shall consist of two elements, respectively the indemnity to be paid to landowners in exchange for limitations brought to the right to use the land as a result of building and operating Nabucco project and compensation for damages (if they exist) suffered on the occasion of executing the works related to Nabucco project in connection to lands crossed by Nabucco gas pipeline or located in its vicinity”. Persons entitled to compensation include both the owners of properties affected by the construction, existence and operation of Nabucco gas pipeline and the holders of activities of any nature (commercial, industrial, agricultural) carried out on any base or with any title on properties affected by Nabucco gas pipeline.

No much room for negotiation

The bill does not leave much room for discussion with the owners. The law is law and in this case Nabucco is seen, at a certain extent, as an objective of public importance. Even if the ownership is entirely private! “In terms of the amount of indemnities, they will be calculated by mutual agreement of the parties, at least at the level of the rent for using a property of the same category”, the head note published on the website of the Ministry of Economy reads. The calculation of compensations will be made based on the parties’ agreement, taking into account the values established under the assessment report prepared by an independent authorized evaluator. “In case of disputes, the value of these amounts will be determined by Nabucco companies, based on expertise reports prepared by an independent authorized real estate evaluator, selected by Nabucco companies”, the document specifies. Compensation for damages caused will be calculated depending on the affected area of the properties, the diminished price estimate of properties affected by the restrictions established under the technical normative acts in force regarding the protection area and the safety area related to Nabucco pipeline and the value of existent productions, plantations and crops affected by the construction works. Even if the owners affected are not happy with Nabucco offers, they can go to court, but the project would continue regardless of the situation complained. To avoid any doubt, the bill provides that Nabucco is a project of national interest and works related to Nabucco gas pipeline are works of public utility. SC Nabucco Gas Pipeline Romania SRL has as sole shareholder Nabucco Pipeline International GmbH, the project company that will build the Nabucco gas pipeline, which includes Romania’s gas transmission operator Transgaz Medias, with has a 17.485 stake; other shareholders are OMV, MOL, Bulgarian Energy Holding, Botas and RWE.

Where will the pipeline pass?

A good question… Which can be answered by a small number of persons, but they won’t anyway, because the route is secret. Timis County Council has approved and signed an agreement in this regard, the institution accepting to assist the development of the project, with permits and everything else required, but also to keep the confidentiality regarding the stages and route of the operation. Officially nobody knows or does not want to say anything about the route. Off records, the gas pipeline could cross the following localities: Lugoj, Recaş, Găvojdia, Boldur, Coşteiu, Totolovăţu Mare, Remetea Mare, Giarmata, Pişchia, Fibiş, Orţişoara or Variaş. Subsequently, the route would cross Arad and then Hungary. [/cleeng_content]

Original Source in Romanian –