His proposal for resolving the ownership issue created by the forest maps in Region of Crete, submitted by the Regional Councilor of Crete, Nikos K. Skoulas.
In detail:
THE GREEK GOVERNMENT SHOULD TRANSFER PART OF ITS FOREST LAND TO THE OWNERS UNDER TERMS OF LEGITIMACY AND EQUALITY.
A. INTRODUCTION.
The relationship between the modern Greek state and real estate within its territory is a story of insincerity, evasiveness, and inefficiency. It is clear proof of institutional weakness and the misfortune that stems from it. Starting with the uncertainty surrounding national lands after 1830 and ending in 2021 as the only country in Europe without a land registry, this disorder is perhaps the most important factor hindering long-term growth in Greece. Large related funds are sale of church property and the disposal of exchangeable properties to refugees from 1922.
This fundamental lack of infrastructure makes it impossible to implement serious spatial planning and urban development policies. Without land registration and forestry records, the country's development policies are weak, distorted, and incomplete. Due to the lack of infrastructure, all subsequent planning is improvised and short-term. Law 2308/1995 initiated the cadastral survey of urban areas. With the posting of forest maps, the effort is expected to be completed. Then, the final maps will be recorded as they are in the land registry. It is expected to take more than ten years to resolve the related issues. The electronic land registry with GIS geospatial information (Law 3882/2010) will provide a complete picture of who owns what throughout the country. Undoubtedly, the cadastral survey, and before that, the forest maps, must be completed.
B. THE PROBLEM.
The lack of a forest registry and land registry has led to decades of distortions.. On the one hand, the institution of adverse possession (1041 and 1045 et seq. of the Civil Code) allowed private individuals to produce title deeds, whether justified or not. However, adverse possession does not apply to the State and public entities. On the other hand, the Greek State, through its forestry services, protected its property at the same time as
environment. It did so in two ways. On the one hand, by invoking forest vegetation and, on the other, by exercising its sovereign legislative power. According to Law 998/1979, all forest land is presumed to belong to the State.
The fundamental question of what belongs to whom has always remained unanswered or uncertain in this country.
Thus, without legal order, forests were cleared, the country was built anarchically, and as development progressed, the issues to be resolved became more complex. Streams and coastlines without boundaries, public property unmapped and private property insecure. Until the conscious realization that sloppiness must stop. Climate change and the next wave of growth cannot
be addressed without proper documentation.
Now that the forest maps are being posted, as a memorandum obligation, the problem is emerging in all its magnitude. The suffocating deadlines for objections, the cost of surveying, and the expensive fees are reprehensible as a whole. They must be addressed immediately in favor of citizens. However, citizens must rush to raise objections within the deadline.
The publication of forest maps does not directly affect property rights. However, these are decisively affected in the next phase, due to the presumption of ownership in favor of the Greek State.
The problem in the Region of Crete appears to be more acute. The development and policy of subsidies in recent decades has led to the clearing and planting of thousands of acres of barren land., which is shown as forest in aerial photographs from 1945 and 1960. The rest of the land receives subsidies from the EU as eligible grazing land. The expansion of residential development without urban planning and tourist construction adds to the problem. The Greek government's ownership was limited, as was the actual situation.
Similarly, the posted maps claim hundreds of thousands of acres in Crete as forest land, and therefore, by presumptive evidence, as property of the Greek State. Approximately 63% in Chania, 60% in Rethymno, 38% in Heraklion, and 50% in Lasithi. These are areas that have been built on, cultivated, grazed, and subsidized for decades by private individuals. Often with precarious or no title deeds. Concerns, protests, uncertainties, threatened properties, precarious subsidies, incurred expenses, and political costs are exacerbating the problem.
A legislative initiative to legalize deforestation was overturned by the powerful decision 710/2020 of the Plenary Session of the Council of State (CoS). A ruling on Law 4280/2014 on posted forest maps is also expected.
C. LEGAL FRAMEWORK.
And now the issue must be resolved, because in a democracy there are no dead ends. The current Constitution protects the environment (24Σ) and the case law of the Council of State constitutes an institutional guarantee.. On the other hand, the Constitution protects private property (17S), promotes economic development, and entrusts the Government with the coordination of economic activity (106 par. 1S). It thus recognizes the multiplicity of actors and the complexity of the political process in general. None of the above rights can be infringed upon in their essence, in accordance with the principle of proportionality (25(1)C), which resolves issues of conflict between constitutional rights.
The issue of ownership raised by the forest maps must be resolved with the same foresight that was shown in the case of unauthorized buildings. The reluctance to carry out demolitions, due to their volume and the associated political cost, led to a wise solution, given the institutional liabilities. Without compromising its core legitimacy, the possibility of legalizing and regularizing unauthorized buildings for thirty years was provided for by the laws following Law 4014/2011. If we consider that the majority of buildings constructed before 2011 are now 30 to 60 years old or more. If we also consider that the lifespan of concrete is approximately 80 years. Then, we realize that when the deadline of the law expires, unauthorized buildings will need to be either demolished or renovated. So, at that time, legality will be applied in its entirety.
Proactively, the issue of real estate currently owned by private individuals but appearing on the final forest maps as majority-owned by the Greek State could also be resolved.
In the past, the Greek State acted wisely, either to rehabilitate refugees or to boost the productivity of landless people. It passed Laws 2967/1954, 3713/1957, 357/1976, and 4061/2012 with the same purpose at critical moments in its political life after the civil war, during the transition to democracy, and in the midst of the economic crisis. With these laws, disposed of its exchangeable and other identified real estate to citizens, serving the broader public interest. It gave them to producers and private individuals who exploited them beneficially. In this way, it strengthened endogenous development.
Inevitably, The crystallization of forest maps and the land registry will yield enormous wealth for the Greek State. Initially, due to its forest character, but also for other reasons. Mainly, due to migration and urbanization, negligence, but also the resignation of weak and over-indebted citizens towards the Greek State. The same is already happening with urban properties that have been registered.
We remind you that The Greek government's assets are mortgaged for 99 years due to memorandum obligations and foreign borrowing. It is sold or exploited for this purpose through ET.A.D. S.A.
This property will include, as forest land, large sections of the vineyard and olive grove registry and other subsidized grazing land.
Other alleged forest areas are home to commercial enterprises with significant capital and labor investments.
As is well known, there are no title deeds for a large part of the territory, particularly in the Region of Crete. The invocation of adverse possession and informal donation on the part of citizens does not guarantee them unshakeable rights. Following the forest registry and land registry, the Greek State will be presumed to be the owner of vast tracts of land.. Parts of which have long been owned and exploited by private individuals.
farmers or businesspeople.
Of course, the presumption of ownership under Article 62 of Law 998/1979 does not apply in the case of Crete. However, anyone claiming ownership must prove their claim in court.
And then the greatest political dilemma will arise. One that is already visible and is causing serious social unrest and questions.
I wonder, Will this land, which is being alienated from its private owners, be given as collateral for the country's memorandum obligations or for foreign exploitation?; Or will the Greek state remember its social role, as it did with the above legislation that was in force during the Karamanlis and Papandreou governments from 1954 to 2012?;
D. RESOLUTION.
In our opinion, The Greek State must legislate the transfer of its alleged properties to landless owners and private individuals. To do so using criteria that reflect reality, but not abusively. Mainly based on income and social criteria, equality, and fairness. The following criteria should be taken into account for granting concessions:, the spatial plan for each region, the environment, biodiversity and landscape, the vineyard and olive grove register, and the eligible areas of OPEKEPE.
The registration of properties facilitates strict legislative oversight, as in the case of unauthorized buildings. Citizens have been taxed on their real estate through ENFIA since 2011. Therefore, whatever is granted to them, they will be obliged to make use of it as taxpayers.
In the aforementioned legislation, the State set concession criteria based on the public interest. It issued concessions to private individuals in exchange for a purchase price ranging from 1/3 to 2/3 of the objective value of the properties and facilitated repayment with long-term installments. The authority to issue land concessions was transferred to local government under Article 21 of Law 4061/2012.
The beneficiaries themselves, as taxpayers and employees, will bear the burden of the country's development. The state must legislate in terms of social and developmental orientation that will distribute benefits fairly. Before that, however, legal issues relating to environmental protection must be addressed.
In conclusion, The State must make a political commitment and legislate for the transfer of ownership and long-term leasing of its properties to farmers, livestock breeders, and entrepreneurs who have been in possession of them for a long time and can legally prove it.
The policy proposal must be legally refined based on the experience and institutions of the rule of law. This will preserve the core of legitimacy while also bringing about a significant socio-political change.
We propose that this democratic and essentially redistributive proposal be accepted in this pressing and timely area. We believe that this should be the proposal of the Region of Crete to the Greek State on the issue of forest maps, which is causing serious unrest. This is my personal opinion and is submitted officially and publicly.
