With its letter, POMIDA requests an end to the absurd practice of the public services, during the preparation of the cadastre and forest maps, to claim everything from everyone and forever, forcing citizens into perpetual legal battles lasting generations.
Specifically, POMIDA asks the political leadership of the Ministry of Foreign Affairs and the government in general to boldly legislate and bravery at least and the self-evident that: “In the areas of the country where the presumption of ownership does not apply in its favor, the State does not claim lands for which it does not have a legal title.”
The full letter from POMIDA is as follows:
To the Minister of Environment and Energy Mr. Kostas Skrekas
To the Deputy Minister of Foreign Affairs, Mr. Giorgos Amyras Athens, 3.11.2021
TOPIC: Forestry-agriculture: The State should not claim land without a legal title!
Dear Ministers, Deputy Ministers ,
forest maps intervention of our Federation, your Ministry intends to proceed immediately with the required legislative interventions to resolve the pending issues for the sanctioning of forest maps, the correction of procedural errors, in order to secure the protection of the environment, public property and mainly the legal individual rights of citizens, to help economic activity and attract investment, but also the completion of the Land Registry, which is an important reform for the protection of citizens’ property as well as the public interest.
We also consider as particularly ground-breaking your intentions reported in the press to legislate private property, mainly through the reduction of the uncontrollable possibility of the State services, during the preparation of the cadastre and forest maps , to claim from everyone everything and forever, forcing the citizens into perpetual legal battles lasting generations.
Mr. Ministers, the The state is not a real estate manager, therefore spending as well as employing its human resources for manifestly unfounded claims against citizens is completely unprofitable for the state budget and the state machine.
So that this absurdity ends once and for all, both for the citizens and for the government agencies, and so that the cadastre and forest maps are finally completed, and until the government finally adopts the proposal of the Scientific Committee of the Ministry of Education and Culture (President Mich. Stathopoulos), submitted to the Parliament in 2003, we invite you to boldly and bravely legislate at least the self-evident that:
“In the regions of the country where the presumption of ownership does not apply in its favor, the State does not claim lands for which it does not have a legal title.”
At your disposal for any cooperation and clarification.
The President The Vice President The Secretary General Stratos Paradias Charalambos Tsoutrelis Tasos Vappas Attorney A.P.-President UIPI Prof. NTUA Lawyer AP-y.D.N.
Ministry: 7 regulations in favor of property owners in forest, rural areas
Seven basic arrangements for resolving ownership issues, for real estate in designated forest or agroforestry areas, which emerged from the posting of the Forest Maps, are included in the legislative framework , which the Ministry of Environment and Energy is preparing to submit to the Parliament.
The point of reference for the legislative interventions, which the Ministry of Foreign Affairs is preparing, are the recent decisions of the Council of State, which judged that article 48 of Law 4685/2020, regarding forest maps under approval, is in accordance with the provisions of the Constitution.
According to the Ministry of the Interior, “with these decisions of the major Plenary Session of the CoE, the posting process enters a path of final completion and the countdown begins for the completion of the major reform of the forest maps, for the benefit of the protection of the natural environment, public property, but also the defense of citizens’ property rights”.
The seven basic regulations in favor of owners
The seven new basic regulations in favor of the owners for the properties in forest or agroforestry lands, published the authoritative column “Ktimatologos” in the newspaper “To Paron”, stating that “they are just around the corner” and are as follows:
- Deeds of ownership over 20 years old, but which may have been transferred later, vest the owner, as long as there are topographical records.
- The State is prohibited from bringing legal action against decisions that recognize the ownership of private individuals in forests, forest and grassland lands.
- The transfer of the agricultural lands of a wider estate which also includes forest lands, without the permission of the forest office, does not constitute illegal subdivision.
- In areas where the presumption of State ownership of forests and forest lands does not apply, it does not exercise legal remedies against decisions of the cadastral judge, which recognize the ownership of private individuals, as long as they do not have title deeds.
- The attribution of an “unknown owner” property is also valid in areas for which the State does not have title deeds, but the citizen has title deeds drawn up before July 1, 2001, even if they were transferred later.
- The State does not claim lands, which have been registered in the Land Registry to natural or legal persons.
- The competent councils can investigate in other public services whatever evidence they deem necessary to reach a safe conclusion about the rights of citizens.
What did the SC decide
According with relevant information from the Ministry of Environment and Energy, the Supreme Administrative Court of the country ruled that there are no questions of constitutionality regarding the dominant points of the process of drawing forest maps, as defined in article 48 of Law 4685/2020. Among them, the following are included:
– Forest is everything that is covered by forest vegetation not only today, but also in the past, as long as no administrative order has been issued act to change its use, basically before the 1975 Constitution and for as long as the authorized use continues.
– Lands devoted to agricultural use prior to the 1975 Constitution, they are disconnected from forestry legislation as long as they are still cultivated.
– Forest legislation excludes areas where industrial facilities have been established, even and after the 1975 Constitution. The basic condition is that their establishment has been authorized by administrative acts.
– The same applies to the areas occupied by approved plans cities or included within settlements.
Key points of decision of the Plenary Session of the Council of Ministers
– The mapping of forest areas on forest maps must be reliable and not include areas, on which it is not legally possible to apply forest legislation. The same applies to areas that are not allowed to be declared reforestable in order to regain their lost vegetation, because this vegetation was removed for some legal reason.
– According the Court, the appearance of such lands as forest would cause confusion as to what the country’s forest wealth is and would prevent the formulation of effective public policy to save forests.
– In addition, the appearance of these areas as forest would undermine the development of agricultural activities, which historically contributed to the post-war recovery of the country.
– The exception of lands that have been assigned to other uses by administrative acts, equipped with the presumption of legality, also aims at legal certainty. the legislative interventions
The representatives of the political leadership of the Ministry of Foreign Affairs with statements gave the message that they will proceed quickly with the required legislative interventions so that to resolve outstanding issues. Specifically:
The Minister of Environment and Energy, Kostas Skrekas, stated about the decision of the major Plenary Session of the CoE: With the very important decision of the Supreme Administrative Court, the way is opened for the posting of forest maps, which is one of the most emblematic reforms in the history of the country. This is a project of national importance, which will resolve many pathologies that have plagued the newest Greek state since its foundation. With absolute respect for the decisions of the Council of Ministers and the provisions of the Constitution, we will complete the ratification of the forest maps and correct the errors noted in the process, in order to secure the protection of the environment, public property and above all the legal individual rights of citizens. The posting of forest maps is also extremely important for economic activity, especially for attracting investment, since henceforth there will be a clear framework for land uses. Additionally, it will allow the completion of the Land Registry, which is also an important reform to protect citizens’ property and safeguard the public interest”.
The Deputy Minister of Environment and Energy, Giorgos Amyras, pointed out: “The decision of the CoE allows us to proceed quickly with the required legislative interventions in order to resolve the outstanding issues of forested fields and reclaimed lands, as we did for the recognition of the presumption of ownership in favor of private individuals in the Ionian Islands, Crete, Lesbos, Samos and Chios, the Cyclades, the Dodecanese, Kythira-Antikythira and Mani, but also for the exclusion of asphalt from forest species. We protect the forest in accordance with the dictates of the Constitution and at the same time we ensure the property rights of citizens once and for all, without being tormented by pending issues in the future”.
With information from Ecopress.gr
