Viewpoint wrote: If Tc has used disputed land worth 250.000 cyp and built a hotel worth 5.000.000 cyp will you give the right to the Gc to get back the land with the hotel on it or the gc can choose to have the hotel demolished? What will happen to the TC 5 million investment?
First of all you know the term "disputed land" is wrong. The correct term is "land not belonging to him". Secondly it is very important (I will explain later why) that the investment was done by a TC and is still in his own hands.
My answer thus is: The GC owner should still keep his right on his own property. The TC investor should also keep his right on his investment. It would be stupid to start demolishing buildings/hotels because these are producers of wealth and jobs and GNP.
You may ask, how the two rights could co-exist? There are are many ways, here are some I can think of:
a)The hotel+land bussiness to issue proportional shares to the land owner and to the Investor.
b)The land owner to accept compensation from the investor and sell his land
c)The owner to receive rent for his land for as long as the hotel building is there. (maximum life of buildings as you know is 70 years)
d)The owner to pay 5 million the investor and buy the hotel built on his land.
e)Any other agreement the 2 parties would agree.
Do you see any contradiction of the above to what I have already said in my previous post? There is absolute freedom of choice.
Notice the investor rights (be him a TC not a settler or a mainland Turkish Company ) can actually be made legal even under EU law deriving from the "right of necessity". However this "right of necessity" does not exist for foreign nationals e.g British who build their holiday homes on stolen GC land. Those people (e.g Orams) are guaranteed to lose their investments in the end.
NB.For your information the ratio between cost of land and cost of building a hotel in the free areas is about 1:4. Your example seems out of reality (1:20?). And there is no land available costing less than a million.-I mean land suitable for such a bussiness.