Pyrpolizer
My criteria are crystal clear. Both have rights. Cut directives for forced sales as you propose would be fine if you could guarantee no-ones rights are violated.
So let me get this right if your criteria is crystal clear the current user/investor is faced with a GC who wants to a partner in his business? The land will always be the GCs and he will enjoy shares and a say in the running of the TC business activities for a very long time until the TC hands back the land and the business in say 70 years.
Lets work on the scenario that the TC is not interested and tells the GC to go to hell even going so far as to throw the GC off his property wielding a shot gun. How will your clear cut criteria resolve such a situation? You are putting everyone at risk when you allow people to go head on against each other.
This is clearly open to conflict and brings GC up against TC therefore encouraging acts of aggression fuelled by frustration. This has to be avoided at all costs as there are to many variables left open to dispute that will cause irreversible damage.
How do you guarantee ones right on his property and his choice to keep it, if you were to set directives for forced sales?
Clearly this cannot be guaranteed to the man who property has been used to a degree where the investment far outweighs the value of the land in question. That's when some refugees will have to accept compensation for the sake of a solution to go buy elsewhere which I think will be feasible as many GC who do have their lands returned will not want anything to do with the north state and therefore will be more prone to sell unless manipulated otherwise by your leaders.
How do you guarantee his right to sell it at a later time that prices become stabilised all over Cyprus at a much higher level?
Averages can be calculated to allow for this issue so that no refugees who accepts compensation will lose out on value.
Imo the only cut directive applicable is the lease option for the lifetime of the building (about 70 years). From there on any agreement the 2 parties might reach should also be acceptable.
You cannot just leave this issue up to the people, its to volatile and will cause conflict.
I am not forcing partnerships. Partnership is just one of the many ways the two individuals could agree between themselves excercising their free will to secure their rights. If they are unable to find an agreement there should be a quick action court that will decide within a month based on cut directives the only one possible in my opinion being the rent. The political agreement only needs to acknowledge the rights of land owners, the rights of investors, and the right of every human to live in a house.(so that nobody is kicked out in the streets after a solution)
And what would the criteria be for that court in matters of dispute? which there will be many.
( taking into account the above scenario of our hotel on disputed land)
Your own proposal has inherent injustices:a) the land owener can never buy the investor because the investor is 20 times stronger.
This is the crux of the issue the greater amount should forge precedence as the 5million investment is far greater than the GC could ever hope to get for his land.
b)the landowner was deprived his rights by the investor who builted on his own property without permission.
The permission was granted by the TRNC who are the representatives of the TC community, so in reality the GC should apply to them for restitution or compensation as the TC has also handed over valuable land in the south in exchange also administered by the TRNC.
d)the land owner could easily find some partner to do exactly the same business on his prime land, and profit from that development the same way he would profit with the current investor.
The Gc can invest elsewhere with compensation or land exchange.
d)the land owner could do it himself without a partner e.g. by having a bank finacing him.(most propably this is what the investor himself has done on the first place).
ditto above
So all these options for the land owner go away with your clear cut suggestion simply because someone invested on his property without his permission and is only willing to give him compensation for just the price of land. That would be fair if there was other similar land for the owner to buy. However such lands suitable for hotel business are simply OVER in Cyprus….
Its not that simple 32 years have gone by our lives continue to change and investments were made which cannot be reversed. What you are proposing is that all the rights are the court of the GC and the TC has to either give up his investment which you say the GC cannot pay for or become partners with the GC that he knows nothing about.
In such cases where the investment is clearly above the current value of the land the GC should be compelled to accept compensation to avoid future complications and disputes. he to can go on to invest elsewhere with the substantial compensation he will receive courtesy of the TRNC and Turkey.
Will continue with the rest later......[/quote]