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ASi" kUCTURE FlOR DEVELOPMENT

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Box 5.5 'Land grnsand-eminent domain<br />

Land gants have proved to be a valuable form of collat- delay infrastructue projects substantially-some of the<br />

eml for innovative projects that might otherwise not difficuldes of the Second Stage Expesway in Bangkok<br />

have been financed because lenders had little experence are related to these delays- Not only is an apprpriate<br />

with similar pr-jects But in implementng a poicy of law of eminent:domain required to define the terms<br />

land grants, there is a rsk ithatihe grants might be under which the governmet can acquire the land, but,<br />

wasted if teyaregiven to projects that would be built in -as was demonstrated in the case of Narita Airport outany<br />

case-<br />

side Tokyo, lack of sensitivity in implementation can<br />

Overall,' howeve,land grants have greater merit lead to contentious and expesive delays.<br />

than interest guarantees because they represent a. one- In anticpation of land being acquired, landowners<br />

-time inhfsion of resources-and do not reduce the incn- have an incentive to overdevelop their property or unfives<br />

for efficient operation of the project. They may be dertakeothermeasures to overvalue their land. A prdCtiespeciallysuited<br />

frmorespecative projects-suCh as cal solution is to use prevailing market prices and comldgh-speed<br />

rail in industal couneries or high-risk trans- munity standards of land development as a norm. 'Me<br />

-portisnent in developing cotnmties, more difficult issue is one of compensating those whose<br />

Awarding land grants raises complex questions property values fai as the flow of business activity<br />

-aboutacquisition proceduresand compensation of land- changes because of new infrastructur development In<br />

holders Land acquisition can te. several years and: geeraL govenmnents have notcompensted such losses.<br />

Authori hAve dls frs ove Le lee of to--s<br />

Autorityhavedisag,Wfirsteoverelevelof tols vate parties. Four kinds of risks can be distinthey<br />

had agreed on and then (more seriously) over guished-crency, commercial, policy-induced,<br />

X -- who has the right to operate the road. Delays arising and country-although the distinctions namong<br />

from these conflicts and frm sIow land acquisiton them are not always dear-cut<br />

. have affected the viability of the Don Muang Tollway,<br />

intended to link the Second Stage Expressway. CURRENCY RiSK Much ecent, privately financed<br />

to the airport . ifrastructure has drawn an foreign capital and<br />

The lesson for toll roads, as for electric power, therefore faces the risk of local currency devaluamay<br />

be that contractual uncertainties arebestironed tion. Interational lenders rarly assume such risk,<br />

out in smaller or simpler projects. Argetina has de- prefering instead to denominate their repayments<br />

veloped an extensive system of private concessions in foreign currency terms. En the past, public enterin<br />

which tolls are charged to finance maintenance. pnses or goverxunents have borne the currency risk,<br />

There was an inial outcry against tolls on existing . but in the growing move to private finance, the risk<br />

roads, and charges had to be lowered-but the of curency depreciation falls on the project sponsor,<br />

greatly improved quality of the roads has made tolls and ultinately on the consumers of the service. In<br />

more acceptabIe. En the state of Madhya Pradesh in many recent private projects, service prices have<br />

India, an US-lkilometer tol road linkng an indus- been linked to an international currency<br />

trial park to a national highway was built at a cost of Independent power generation presents a special<br />

- $2 million and commissioned in November 1993. case Although most power projects do set their<br />

The enabling legislation put in place and the finan- charges in US. dollars, these charges are paid by the<br />

cial mechanisms used are being adopted and re- tran sion utility, and the final consumer is often<br />

fined elsewhere in the country.<br />

charged local cunrency prices untied to movements<br />

in exchange rates. Transmission utilities cannot be<br />

-* Riksharingr thelessowns lirned<br />

expected to continue to bear currency risk in the<br />

long run.i<br />

At the heart of project financing is a contract that Countries may wish to promote schemes for inallocates<br />

risks associated with a project and defines suring against cuny movements (forward<br />

the daims on rewards- While often the cause of cover) so as to allow for short-term risk manage<br />

delay and heavy legal costs, efficientrisk allocation menL In Pakistan, for example, the central bank ofhas<br />

been central to- making projects financeable fers forward cover at an average premium of 8 per-.<br />

and has been critical to maintamiing incentives to cent In time, private financial institutions may offer<br />

- ; . . perfomL Risks are divided not only between pub- similar schemes- However, even with these anange<br />

lic and private entities but also among various pri- ments, the consumer pays at least in part for ex-<br />

98

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