4.1. Payment of compensation for the properties which are subject
to annulment in unplanned coastal areas Both the ECHR and the Court of Cassation deem it compulsory
that, in cases involving the annulment of title deed registries of properties which have been determined to remain in unplanned areas along the coast, an amount should be paid as compensation, even if it does not reflect the entire value of the property. What kind of a systematic approach is required for such areas?
1) First, determination of Turkey’s shore borderline should be
completed rapidly. However, the sections of the properties
which are subject to ownership according to the approved of the
shore borderline, either fully or partially remaining on the shore
as per article 10 of the Regulation on the Implementation of
Coastal Law, should be determined by the relevant Directorate of
Land Registry and sent to the Title Deed Registry Office to attach
the necessary annotations. Immediately after these determinations,
preparation of value maps of these parcels of land
by the authorized appraisal bodies is of great importance for the
future transactions on these parcels.
2) Since direct expropriation or compensation for the properties
which are privately owned, and are determined to remain on
the shore after the determination, is not possible in legal terms,
and based on the Court of Cassation’s opinion that were
mentioned above, transactions for the annulment of title deed
should be carried out by the related revenue office. However, in
practice, the courts settle with the decision of annulment of
title deeds; they do not make any decisions about the payment
of compensation. It has been recommended that individuals
whose title deeds are annulled should file another lawsuit for
compensation. However, to avoid increasing the workload of
the judicial system with double cases and creating additional
court fees, it should be possible to determine monetary
compensation as a result of the lawsuit for annulment of the
title deed.