Pyrpolizer
Viewpoint, how could I ever discuss sensibly with you when you tell me the "trnc" and Turkey will provide compensations and all that nonsense? Do you understand we are talking for the situation after a solution and what a Federal solution means? Do you understand there will not be any "trnc" after a solution and that the TC federal part will not be free to do everything it likes anymore? Do you understand you will be part of the EU and you will actually have to act according to EU directives and that each Federal part will just be raising and spending money from taxes? Do you understand that the reason "trnc" is unrecognised is becaused it is based on illegality, and the solution will actually avert this illegality on properties?
Firstly take a deep breath and come to your senses, any agreements where the responsible parties will be liable to pay compensation will not disappear after the TRNC and "RoC" have been dissolved to form a BBF united Cyprus, international agreements/provisions will be in place to ensure continuity of funding availability.
Lets try and get this mental stumbling block you have out of the way illegal or not you still have to deal with the TRNC which represent the TC community on this island, so get over it.
And where the hell is the TC living in it going to go? To the moon? Do you realise this affects the vast majority of TCs?
Those areas that will remain in the TC state will be judged on what they have exchanged in the south and what they have gotten in the north, they will pay or receive the difference if they intend to keep the property.
The GC will get full value compensation or land submitted by TCs in the south but many will have to accept compensation.
Those areas to be returned to the GC state the TCs will be rehoused in new towns and homes with long term financing, they will also get their property back in the south.
Those lands undeveloped in the TC state will be returned to GC and vice verse.
So you are actually suggesting a war as to who is to buy who. No VP, I do not accept, not because I am afraid the GCs will lose. But because I am afraid the TCs will lose this war against the economically far stonger GCs. Hey why don’t you ask the Tcs if they accept, rather than asking me.
Many would but on the strict condition that GCs will sell property to TCs not like in the past where no Gc would not sell to a TC just because they are TCs so as not to allow the land distribution to change in any way. there should be a very heavy penalty as a deterrent and even imprisonment.
I already said: the solution has to acknowledge the rights of the owner on his property, and the rights of the investor on his investment (be him TC only for reasons of necessity) and nothing more than that. You must remember these rights include not only whatever monentary value each of the rights represents, but also the right to coninue having ownership. By the minute you set criteria against the later the whole solution may be trashed at an EU court especially if these criteria affect only one of the 2 individuals rights.Forced sales affect the rights of the owner of land to continue having ownership, whereas they don’t affect the right of the investor to continue having his investment. I hope you understand this important point.
So lets assume the two individuals will not agree to settle the matter between themselves. The court will have to decide on 2 single parameters that will also be included in the solution agreement. In fact since these 2 parameters will be known in advance, I really doubt any 2 individuals will ever care going to court. Which are they?
a) First priority: Exchange of properties of equal value. Any monentary difference should also be part of this arrangement for upto about 25% of the total deal.
b) Second in row: Continue use of property on rent for the lifetime of the inhabitant (in case of home) or the lifetime of building - about 70 years (in case of bussiness) .
Answer the specific question who gets the land and hotel if both parties cannot agree to share or sell?
Are you saying the GC keeps the land and the TC the investment? what if the TC doesn't pay rent or doesn't allow the GC to visit his land?
or does the court give the GC the TC land in the south and 25% compensation?
Who will be on this court?
Sounds to messy to me and open to dispute and conflict which should be avoided at all costs as this will escalate and cause inter communal problems yet again.
If you are afraid these matters and direct contact between the individuals might cause tension, then I don’t mind having them in the hands of a property committee assuming this committee will also accept whatever agreement the 2 parties might reach.
This i agree with but the structure of this committee is important.
We all know that most of the GCs and TCs will never return. It would be interesting if by any miracle Varoshia is returned to see how many of the original inhabitants would ever return.
I personally feel all GCs will return to Maraş if it were returned to the "RoC" if it remained under the control of the TRNC is would be questionable.
But I guess politicians prefer to let people continue living with fears, than just let a real case occur so that people see the reality with their own eyes.
I agree.
But on the other hand the GCs will never accept any solution that will force them do anything other than keeping ownership of their properties, plus the right to return if they wish.
This i am afraid is a lie that has been fed GCs for over 32 years, that all GCs will have the right to return, the sooner they come to terms with the fact that they will not the sooner one part of the solution will be more flexible.
I don’t see any other way of settling the matter without danger of having the whole solution agreement trashed at EU courts.
Any agreement for a solution will allow for these differences which do not come into line with EU norms those rules were made by humans and can be adapted to special cases they are called derogation's many new members have them.
NB.Since you talked about Turkey providing money after a solution, I would really be satisfied if Turkey would undertake the re-housing of whatever number of settlers would stay, and the re-housing of those who will return to Turkey. Do I have to bet that Turkey will once again try to get out of this, by not paying a single penny as they did with the Anan plan?
It would be near to impossible for Turkey to back out of an international agreement where she gives here guarantee to finance rehousing and settler return projects. I am certain there are enough donors that would provide the finance necessary on the guarantee of Turkey and other nations involved and international donors would also contribute. Think of the million of USD dollars Turkey pumps into the TRNC every year and the cost of the 40.000 strong army.