Obsidian/Doktoritöö/250616 - Valga artikkel/Artikkel/Introduction.md

Introduction

The maintenance and funding of local roads in Estonia is complicated by the fact that, despite several rounds of road inventory, the exact volume of local roads remains unknown[^1]. The roots of this issue date back to the 1990s land reform, during which, following the re-establishment of the Estonian Republic, extensive privatization of land occurred. Many smaller roads and streets were measured into private property[^2]. As a result, local roads today are not only municipally owned but also include privately owned roads designated for public use[^3]. Moreover, numerous road segments still serve—or should serve—multiple households but are not designated for public use, leading to conflicts and legal disputes[^4].

For local governments, having a clear and structured overview of their local road networks is both a budgetary and operational necessity. Despite significant financial outlays for road maintenance, the National Audit Office has pointed out that condition requirements for roads are not being met[^5]. According to a report by the Economic Affairs Committee[^6], road condition assessments should not rely solely on length but also take into account traffic load. The report also emphasizes the necessity of compiling road maintenance plans at the municipal level.

In recent years, many local governments have started drafting such road maintenance plans, and several have even adopted them formally. However, these measures have not resolved the underlying issues. To date, there is no tool available that enables municipalities to comprehensively analyze the entire network of local roads within their administrative boundaries.

In Estonia, the road network is divided into national, local, and private roads[^7]. A local road may be a private road designated for public use, a road owned by a local government, or a road deemed necessary for local traffic management by a municipal council decision. The road network is inherently hierarchical—local roads typically serve as access routes to national roads. The upkeep of local roads is legally mandated as one of the core responsibilities of local governments[^8], comprising on average 8% of their annual operational budgets[^9].

According to the development plan of Valga municipality, one of the main priorities in public services is the renovation and construction of driving and pedestrian roads, as well as the continuous assessment of investment needs in road infrastructure, based on the municipal road maintenance plan. However, discrepancies between the official list of local roads and the actual situation have been identified. One key issue is confusion regarding private roads and private segments of roads that are necessary for property access but are not designated for public use. Many properties lack direct access to major (national) roads, and access is often dependent on passing through neighboring properties—frequently causing neighborly disputes. In some cases, neighbors have blocked roads located on their land. If a mutual agreement cannot be reached, local governments are forced to intervene.

Context: The Estonian Road Network

Estonia is a small country with a territory of 45,300 km2 and a population of 1.319 million (Statistics Estonia, 2023). With a population density of 29 inhabitants per square kilometer, the country is sparsely populated and its settlement patterns are uneven. The largest county, Harju, accounts for 44% of the population (582,556 people), including the capital Tallinn with 426,538 residents.

Number of roads: local roads – approx. 45,000 units; national roads – approx. 2,000 units. Length: local roads – approx. 36,000 km; national roads – approx. 15,000 km (see Figure 1).

The pace of population decline in Estonia is comparable to other Eastern EU countries but slower than in the other Baltic states. Estonia’s population has been declining for decades due to out-migration (mainly to Finland), urbanization, and low birth rates. The three largest cities—Tallinn, Tartu, and Pärnu—and their surrounding municipalities account for the majority of the population. Communities outside these areas are shrinking to varying degrees, depending on their size and location. Smaller communities located farther from Tallinn are shrinking faster than the national average (Tintera et al., 2014).

Joonis 1. Eesti teedevõrgu iseloom ja tihedus. Allikas: Maanteeamet teeregister 2017.

Aim of the Study

The aim of this study is to develop a spatial overview of privately owned roads in Valga municipality based on uniform principles[^10]. These roads are critical to the functionality of the municipal road network and improving access to residential properties, and they fall under public interest[^11].

According to the draft comprehensive plan of Valga municipality, a private road may be designated as being of public interest if it meets at least one of the following conditions:

• Serves two or more residential land units used year-round;
  
• Is part of a publicly used road route, ensuring connectivity between publicly accessible roads;
  
• Serves a public building or facility requiring guaranteed access;
  
• Is the only reasonable access route to publicly significant infrastructure (including utilities);
  
• Is part of a public transportation or school bus route;
  
• Other circumstances which, when combined, justify designating the road for public use.
  

Previous Research

Ardo Kubjas (2018): Master's thesis titled "A Methodology for Estimating Local Road Traffic Volume for Determining Road Condition Levels". Developed a method to estimate traffic volume on local roads without direct counting, using spatial microsimulation. This methodological approach laid the groundwork for this study by enabling modeling, mapping of traffic flow, and evidence-based decision-making.

Birgit Trik (2019): Bachelor's thesis titled "Land Use Conflicts Related to Private Roads in Estonia 2015–2017". Addressed legal and social conflicts associated with access rights.

Evelin Jürgenson (2017): Master's thesis titled "Implementation of the Land Reform in Estonia". Analyzed the pace and consequences of land reform, including land fragmentation and institutional arrangements.

Historical Background and Problem Structure

Historically, Estonia's land reforms have significantly influenced land ownership patterns. During the Tsarist era, land was owned by the nobility. In the first Republic of Estonia, land was distributed to rightful owners. The 1919 land reform nationalized large estates and created reserve lands and new farms. The goal was to redistribute manor lands into smallholdings and grant them for permanent use, including for educational, municipal, cooperative, commercial, and industrial purposes. Settlements were established even in remote forest and marsh areas, which in turn necessitated the development of access roads.

During the Soviet era (1940–1991), both land and the road network were nationalized. The post-reindependence land reform began on 1 November 1991 with the enactment of the Land Reform Act, aimed at rectifying the injustices caused by Soviet nationalization and restoring ownership rights as they stood before 16 June 1940. The reform peaked in 1997–1998 and was based on pre-Soviet land ownership boundaries. Houses and roads built during the Soviet era were either not returned or only partially returned to private owners. Roads necessary for access were often overlooked and remained within the boundaries of returned land parcels. In many cases, people were either unaware of potential access issues or failed to consider that the road they used might legally belong to someone else, since it had always been publicly used under the Soviet regime. Good neighborly relations also contributed to the lack of formal road designation.

Table: Land Reforms of the 20th Century and Their Impact

<td>Vene tsaaririik<br>(kuni 1919)</td>
<td rowspan="4" class="vertical-text">Maareformid 1919</td>
<td>Eesti Vabariik<br>(1919–1924)</td>
<td rowspan="4" class="vertical-text">Maareformid 1940</td>
<td>Nõukogude Liit<br>(1944–1991)</td>
<td rowspan="4" class="vertical-text">Maareformid 1991</td>
<td>Eesti Vabariik<br>(alates 1991)</td>

<td>Maa kuulus mõisnikele</td>
<td>Maa jagati talupoegadele</td>
<td>Maa kuulus riigile, eraomandit ei olnud</td>
<td>Maa tagastati õigusjärgsetele omanikele Eesti Wabariigi aegsetes piirides</td>

<td><img src="maareform_01.png"></td>
<td><img src="maareform_02.png"></td>
<td><img src="maareform_03.png"></td>
<td><img src="maareform_04.png"></td>

<td>Haritav maa</td>
<td>Elamumaa ja haritav maa</td>
<td>A, B – nõukogude ajal jagatud elamukrundid</td>
<td>Elamud A ja B said omale 2 ha maad. Inimesed eelistasid põllumaad teedele.</td>

Figure 2. Land reforms in Estonia and their consequences.

One of the main challenges resulting from the land reform has been ensuring access to properties. The process created situations in which roads previously used by many became private, and new owners may refuse others access. This has led to numerous conflicts and legal disputes. Municipalities that excluded smaller roads from privatization or restitution processes face fewer problems today.

Residential access can generally be categorized into four types:

• A. The access road is located on the same private land as the residence—no access issue (see Figure 3, A).
  
• B. The road partly crosses neighboring parcels before reaching a public road—access requires agreement (see Figure 3, B).
  
• C. Multiple access routes exist, but one is significantly shorter and crosses private land—potential conflict (see Figure 3, C).
  
• D. All possible access roads pass through neighboring properties—agreement or legal intervention needed (see Figure 3, D).
  

In scenarios B and D, access is only possible via neighboring land. This requires either a mutual agreement (easement) or a court ruling to establish access rights.

![[access_road_01.png]]	![[access_road_02.png]]
A. Elamualal on üks otsene juurdepääsutee riigi maanteele.	B. Elamusalal on üks juurdepääsutee riigi maanteele läbi naaberkinnistu.
![[access_road_03.png]]	![[access_road_04.png]]
C. Elamualale on mitu juurdepääsuteed riigi maanteele, millest üks on otsene juurdepääsutee.	D. Elamualale on mitu juurdepääsuteed riigi maanteele, mis kõik läbivad naaberkinnistuid.

Figure 3. Types of Residential Access

Description of Valga Municipality

This article focuses on a case study of Valga municipality. Located in southeastern Estonia, Valga has about 16,000 residents and borders Latvia. Its administrative center, the town of Valga, has a population of about 12,000. Outside the town, population density is very low. The road network in Valga municipality has evolved over a long period and follows natural topography. The elevation range is significant (min and max values TBD). The study focuses on rural areas within Valga, which cover about 725 km2 of the municipality's total 750 km2.

Between the 2000 and 2011 censuses, the populations of both Valga and the adjacent Latvian town of Valka declined significantly (by 12% and 19%, respectively). According to 2021 data, 17.0% of the population was under 17 years old, 58.5% was aged 18–64, and 24.5% was aged 65 or older[^12]. Statistics Estonia projects that the population of Valga will decline to approximately 9,000 by 2040. Compared to 2021, the demographic trend indicates a substantial increase in the proportion of the elderly population.