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State claims for former forests ended

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State claims for former forests ended

he is recalled Public from land claim in planned areasthat were once covered in forest but have been built over for decades. This provides for legislative regulation, which is included in the draft law. Ministry of Finance. The problem was particularly serious in Attica, where the state occasionally “declared” entire blocks to the land registry, bringing about 20,000 owners with legal title to objection committees or even the courts.

Chronicles

The ruling is included in the bill published yesterday on Opengov.gr and concerns the acquisition of seized state lands. It states that the state will not lay claim to real estate on lands within a city or settlement plan that were once covered in forest. This case dates back to 2013, when the State (Law 4164) ruled that there could be no forests or woodlands within city limits or settlements (in fact, plots with trees are subject to forest law). Subsequently, by two more laws (4280/14 and 4685/20), the Ministry of Natural Resources extended this exemption, including to areas of industrial or craft facilities that received any document of an informative nature (not a deed of transfer, as required by law).

Thus, until 2013, the forest services had to declare state lands in the cadastre that appeared as forests on the forest map, even if they have changed a lot over the years. After 2013, the leshozes did not declare lands on the forest map, but sent a document to the Ministry of Finance stating that it should declare specific lands in the cadastre, since they were once forest and state lands. In almost all cases, these were parcels that the Forest Service had never attempted to claim. Especially in Attica, in many cases the characterization was due to the (very extensive) decision of 1934, in which the entire unplanned area of ​​Attica was declared suitable for reforestation, with the exception of agricultural land.

In previous years, the Ministry of Internal Affairs, through objections and lawsuits, demanded about 20,000 properties.

“The aforementioned lands have been transferred to the administrative responsibility of the Ministry of Finance with acts of acceptance and transfer (art.s. from forestries). However, since the protocols were accompanied only by territorial identification data, when filing declarations and objections under the cadastral procedure, the land services do not have sufficient data on these objects and therefore there are no reasonable hopes for substantiating the position of the Greek state. . It should be noted that the objects under consideration are mainly built-up surfaces and especially apartment buildings, ”the explanatory note says. “Weighing all of the above, the legislator, as well as the disturbances caused and will be caused in social and economic life by the largely unsupported objections and lawsuits of the state, henceforth prefers to refrain from filing suits.” The regulation also applies to exchange property.

According to the decree, in order for the state to refrain from claims to the territory, it is enough that a private person is registered as the owner of real estate in the first cadastral register and has not been notified of the protocol of administrative expulsion. . Two categories of objects of the same category are excluded from regulation: those in respect of which “property rights are granted by the state for another reason”, and, of course, those that are public areas, parks or groves.

Areas

The problem of reclamation of large forest areas from the cadastre arose at the beginning of the last decade, when urban areas throughout the country were cadastral, and returned after 2018 with the latest generation of cadastral registration. In previous years, many such cases have been identified: for example, the Alsoupoli area and part of Perissos in New Ionia, parts of Galatsi, Agios Stefanos, Psychiko, Neos Heraklion, Peristeri. A few cases have also been reported outside of Attica, such as in Halkidiki. In most cases, these cases were resolved with the help of legislative norms “a la carte”.

Author: George Lialias

Source: Kathimerini

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