SAMANDAG, Turkey (Reuters) – Habip Yapar, a resident of southern Turkey, was relieved when his home survived a devastating earthquake. However, his relief was short-lived when he received a text message in October informing him that the government was taking ownership of his apartment in Hatay province. The message cited an amendment to an urban planning law that would impact numerous earthquake survivors.
Urbanisation Minister Mehmet Ozhaseki explained in early February that the government required new powers granted by the amendment to hasten the reconstruction of neighborhoods in towns severely affected by the earthquake that struck on Feb. 6, 2023, ravaging parts of southeastern Turkey.
The province of Hatay, positioned at the southernmost tip of mainland Turkey and bordering Syria, sustained the most destruction in what was the deadliest tremor in the country’s recent history. Despite this, the reconstruction efforts have lagged behind the ambitious timelines set by President Tayyip Erdogan.
Under the new regulation passed in November, properties were being seized to create “reserve building areas” as a temporary measure to expedite the reconstruction process. Affected individuals would later be given ownership of a property after contributing towards construction costs, although details on the financial burden were not provided.
Although earthquake insurance is mandatory in Turkey, enforcement of the rule is inconsistent and insurance coverage often falls short of the actual rebuilding expenses.
Investigations revealed that thousands of homeowners were caught off guard by the seizure plans, with many learning about the situation through social media. Yapar and several other homeowners in Samandag received notifications even before the amendment was officially approved in November.
Months later, those affected have yet to receive information on the amount they need to pay, the repercussions of non-payment, any compensations they may be eligible for, and the duration for which their property titles will be held by the government, as reported by individuals interviewed by Reuters.
Ecevit Alkan, Chairman of the Environment and Urban Law Commission at Hatay Bar Association, likened the situation to dining at a restaurant where the bill is presented without prior knowledge of the price, emphasizing the uncertainty faced by homeowners.
Multiple homeowners and legal professionals in Hatay’s districts of Samandag, Defne, and Antakya have filed lawsuits with the Hatay administrative court to contest the orders. Despite reaching out to the urbanisation ministry and Erdogan’s office, Reuters did not receive responses to their queries. Several opposition parties have sought additional information from the ministry through parliamentary inquiries, but these remain unanswered.
Yapar, living with his family in a temporary shelter, has been left in limbo as his plans to renovate his home have been thwarted due to the government’s takeover. He, among others, has filed a legal challenge to dispute the decision.
Over a year since the tragic earthquake claimed more than 53,000 lives in Turkey, hundreds of thousands of survivors are still residing in makeshift accommodations such as containers and tents. Many owners whose properties were destroyed or damaged have been living with friends or in temporary housing, waiting for clarity on when new structures will be ready, according to residents and lawyers.
Despite the lack of clarity, Hatay’s federal government-governed governor’s office has announced plans for nearly 44,000 new homes to replace the seized properties. However, specific figures on the number of affected individuals and homes were not disclosed, nor were questions posed by Reuters to the office addressed.
The ambitious promise of 254,000 new homes made by Erdogan for the province has seen minimal progress, with fewer than 7,300 units completed so far. Delays were attributed to funding restrictions and escalating costs, as per an official statement last year.
As per Alkan of the bar association, approximately 50,000 people are likely to be impacted by the property seizures, based on the population residing in the specified reserve areas within the province.
In Samandag, Mayor Refik Eryilmaz acknowledged the government’s intentions for modernizing the market and introducing new housing in the identified reserve zones. However, he criticized the lack of proper communication from the government regarding the project’s details and the legal and financial arrangements involved.
Residents have speculated political motivations behind the actions, particularly in Hatay, an opposition-controlled region where Erdogan seeks to gain support in the upcoming local elections on March 31. Erdogan’s statements during a visit to the province were interpreted as implying smoother reconstruction processes under a ruling party administration.
Legal experts and homeowners, skeptical due to the paucity of information, expressed concerns over the possibility of losing their properties if they cannot fulfill the financial obligations. The amendment to the Law on the Transformation of Areas under Disaster Risk granted the Urban Transformation Directorate under the ministry broad powers to designate private properties as reserve building areas without obtaining prior consent from owners.
Lawyer Orhan Ozen raised objections, stating the law infringed on property rights and lacked provisions safeguarding owners after the transfer of properties to the Treasury. The Urban Transformation Directorate has already identified over 200 hectares of land as reserve areas in Hatay province, as per official figures.
The uncertainty surrounding the fate of their properties has left residents and businessmen in Samandag in distress. While some like Ali Tas, a toy shop owner, remain cautiously optimistic about the future, others like Hasan Fehmi Cilli, a doctor whose office faces redevelopment, are filled with anger and anxiety.
With lawsuits filed and questions unanswered, the situation remains unsettling for thousands of homeowners in Hatay facing the prospect of losing their properties amidst a challenging reconstruction process.
