In an unprecedented move, the government has reclassified extensive portions of Hatay, Turkey’s earthquake-ravaged province, transforming residential areas into reserve zones, placing a minimum of 50,000 people in Antakya and Defne districts at the risk of property loss.
A 207-hectare (approx.0.8 sq. mile) area in Hatay’s Antakya and Defne districts is now designated as a reserve construction zone. This development is monumental for Hatay residents, exposing around 50,000 individuals to the potential loss of their properties, according to the Hatay Bar Association. The term “reserve zoning” denotes a unique rezoning and development initiative, raising concerns from the President of the Hatay Bar Association, who warns of potential debt or complete land loss for the former residents of the area.
The Urban Transformation Directorate, under the Ministry of Environment, Urbanization, and Climate Change, announced on November 14th that eight neighborhoods spanning 207 hectares in Hatay’s Antakya and Defne districts are now a reserve construction zone, affecting 50,000 people, as reported by the Hatay Bar Association.
Hüseyin Cihat Açıkalın, President of the Hatay Bar Association, clarified the concept of “reserve zones,” noting that the concept was already present in previous legislation. However, an act passed on November 9th of this year modified the existing legal framework, enabling the rezoning of previously settled areas under central government initiatives.
Açıkalın explained, “Previously, an area could be reclassified as a reserve zone if it had no structures and was outside inhabited areas. The recent change removed the requirement of being outside inhabited areas, allowing any area to be declared a reserve construction zone if deemed necessary.” He emphasized that this concerns not only Hatay province but extends to a considerable part of disaster-prone Turkey, enabling the declaration of any area within an inhabited region as a ‘reserve zone’ and the seizure of people’s properties, which he argues is unconstitutional.
Açıkalın stated that the Hatay Bar Association opposed the amendment passed on November 9th and is committed to providing legal aid for residents in that region. He also expressed concern that this law limits individuals’ constitutionally protected property rights and urged the parliament to take action.
Ecevit Alkan, Chairman of the Environmental and Urban Law Commission of the Hatay Bar Association, stated that the ministry enjoys full and complete authority in reserve zones and holds the power to confiscate deeds and titles if needed. If the previous residents cannot afford redevelopment costs, the state could pass on the financial burden to the title holders.
Alkan explained, “If a property was worth 100 TL before the earthquake and the state-built houses are now valued at 250 TL, the ministry could say, “If you pay the difference, you can take ownership of a unit here. If not, take the 100 TL and figure it out on your own.””
In regions of Hatay not presently designated as reserve zones, some residents continue to reside in lightly damaged residences, while others endeavor to further structurally strengthen homes. Those currently falling omitted from the reserve zone also express concerns regarding the reserve area as the reserve zone could potentially expand at any time, engulfing their properties as well.
Bar Association President Açıkalın expressed further concerns, questioning the need for urban planning in Hatay. He emphasized that without a clear urban plan, it’s unclear why the reserve area was declared and where the government expects the owners to move.
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What complicates matters further was the lackluster communication of the decision. Hatay residents learned about their inclusion in the reserve area through messages from the Land Registry Directorate, stating that their properties are being transferred to the Treasury Ministry with only vague explanations. Açıkalın said this also poses a significant issue, and that the Bar Association has called on the municipality and governorate to inform institutions and individuals properly. As of the publishing of this article, the Hatay Bar Association has not yet received a response.
Original story by Berna Büyükbayrak
Written/translated for Medyascope by Murat Türsan
