INTRODUCTION

The relationship between property law and the forest regime in Turkey has historically been one of the most debated topics from both legal and social perspectives. In particular, increasing population and urbanization pressure have made it necessary to determine the legal status of areas that have de facto lost their “forest” characteristics. The concept known as “2/B,” which emerged as a result of this necessity, refers to areas removed from forest boundaries under Article 2, Paragraph (B) of Forest Law No. 6831.

Determining 2/B areas is not merely a technical measurement process; it is a complex administrative process based on specific criteria, such as the loss of forest characteristics in terms of science and technology, or the transformation into agricultural or residential areas. In this process, it is essential to maintain a delicate balance between property rights, the development of forest villagers, and the integration of treasury lands into the economy. The right of ownership, sales procedures, and judicial remedies regulated by Law No. 6292 are the fundamental elements that determine the legal fate of these properties.

Within the scope of this article, the concept of a forest and the scientific criteria required for land to be granted 2/B status will first be addressed. Subsequently, the conditions for becoming a right holder on these lands, the importance of the concept of “affixed assets” (muhdesat), the sales and transfer processes, and the judicial remedies available against the sale price—in light of recent annulment decisions by the Constitutional Court—will be examined in detail.

Keywords: Forest Boundaries, Cadastral Record, 2/B Lands, Law No. 6292, Right of Ownership, Affixed Assets (Muhdesat), Market Value, Treasury Immovables, Property Rights, Sale Price, Annulment Action.

1. IDENTIFICATION AND CHARACTERISTICS OF 2/B LANDS

The definition of a forest is provided in Forest Law No. 6831 and appears as areas consisting of naturally growing or manually cultivated communities of trees and shrubs. In legal doctrine, a forest is defined as “a community of life that forms a perfect combination of trees, shrubs, ground cover, microorganisms, game animals, and other vegetation types, having positive effects on the society’s economy, culture, health, and natural events.

Under Article 2 of Forest Law No. 6831, the areas to be removed from forest boundaries among those considered “forests” are listed. The areas to be removed from forest boundaries according to Paragraph (B) of this article are specified, and these areas will be referred to as “2/B lands” throughout this text. The first condition that areas must meet to be removed from forest boundaries through the 2/B application is that they must have completely lost their forest characteristics in terms of science and technology before December 31, 1981. Another condition is that these areas must have either transformed into agricultural or residential areas, or it must be determined that using these areas for agriculture and livestock would be beneficial. The criteria for whether a piece of land has completely lost its forest characteristics in terms of science and technology are explained under Article 24 of the 2/B Implementation Regulation.

Accordingly, the determination that a land has lost its forest status in terms of science and technology is subject to two conditions. These are: the condition that there is no community of trees or shrubs on the land, and the condition that there is no economic or public benefit in maintaining its forest status.

2. REQUIREMENTS FOR STATUS OF RIGHT HOLDER

According to Article 6/1 of Law No. 6292 on Supporting the Development of Forest Villagers, the Evaluation of Areas Removed from Forest Boundaries on Behalf of the Treasury, and the Sale of Agricultural Lands Belonging to the Treasury (“Law No. 6292”), there are three conditions that must be met to be considered a right holder.

The first condition is that the applicant must appear as the user or the owner of the affixed assets on the land in current lists, cadastral records, or finalized court decisions before December 31, 2011. Additionally, the applicant must have submitted a purchase application to the administration within the legal time limit. The final condition is that the applicant must accept the sale price determined by the administration without any objections or lawsuits. In summary, individuals who appear as users/owners in records prior to December 31, 2011, who apply on time, and who declare acceptance of the sale price without objection, legally gain the status of a right holder.

As can be seen, the law requires being the user of the land and/or the owner of the affixed assets on it to qualify as a right holder. At this point, the difference between the owner of the affixed assets and the user of the land leads to critical consequences regarding the distribution of the sale price and the status of right holder.

As a rule, affixed assets are an integral part of the immovable property and belong to the landowner. However, during a cadastral survey, according to Article 19/2 of Cadastral Law No. 3402, a legal notation can be made in the declarations section of the land registry by specifying the owner, type, creation date, and reason for acquisition.

In fact, in its decision dated March 24, 2021 (Basis No: 2019/5419, Decision No: 2021/1807), the 8th Chamber of the Council of State concluded that the requirement for “right holder” status was not met because third parties other than the plaintiffs appeared as the owners of the affixed assets in the declarations section of the title deed for the relevant property.

As a result, in the 2/B application, if the land user and the owner of the affixed assets are different persons, the status of right holder is determined according to the notations made in the declarations section of the land registry before December 31, 2011, cadastral records, and finalized court decisions. The claims of both parties must be proven separately.

 3. SALE AND TRANSFER PROCESS

The sale process of Treasury lands and 2/B lands is shaped primarily within the framework of a “purchase procedure” rather than a unilateral action by the administration. According to the legislation, it is essential for the administration to first attempt a reconciliation method regarding its authority over such immovable properties.

During the sales process, the administration establishes two main commissions within its structure: the Appraisal Commission and the Reconciliation Commission. While the Appraisal Commission determines the value of the property, the Reconciliation Commission carries out the negotiation process with the owner or right holder. In sales made to owners of structures on Treasury lands, the Building Registration Certificate plays a critical role. In this process, it is observed that “an Estimated Value Determination Report is prepared by the administration after determining the property’s value, followed by an on-site inspection and evaluation to prepare an Immovable Property Determination Report.

Sale procedures are finalized by the administration within six months at the latest from the end of the application period. The sale price of the properties is determined as 70% of the market value.

  • Cash Payment: If the entire sale price is paid in cash, a 20% discount is applied. If at least half of the price is paid in cash, a 10% discount is applied.
  • Installment Payment: The sale price can be paid in installments. In installment sales, the title deed transfer is carried out by establishing a mortgage on the property or by obtaining a letter of guarantee.

For properties with a 2/B notation, heirs can become right holders through legal succession. Right holders may transfer their rights to third parties through a letter of consent issued before a notary public after the date the Law entered into force. In this case, contractual successors can directly benefit from the right of purchase.

4. OBJECTION AND LEGAL ACTION AGAINST THE SALE PRICE

Although the right to file a lawsuit against the sale price of 2/B lands was restricted by a legal barrier until recently, the legal status has changed following the annulment decisions of the Constitutional Court. The sentence in Article 6, Paragraph 8 of Law No. 6292, which stated, “No objection or lawsuit can be filed against the notified sale price,” along with the provisions prohibiting lawsuits in Paragraph 13, were annulled by the Constitutional Court’s decision dated May 18, 2023 (Basis No: 2023/27, Decision No: 2023/100).

The Constitutional Court has ruled that the prohibition in question is contrary to Article 35 (Right to Property) and Article 40 (Right to an Effective Remedy) of the Constitution. It was emphasized that the right to property could be violated if the administration determines the market value incorrectly, and closing the judicial path against such an error is incompatible with the principle of the rule of law.

Since procedures such as the determination of the sale price and the rejection of a direct sale request are administrative acts based on public power and are performed ex officio and unilaterally, the Administrative Judiciary has jurisdiction over these disputes.

In the event of a dispute between the administration and the right holder regarding the price during the sale process, the judicial path to be followed varies (civil or administrative) depending on the nature of the dispute.

4.1. Civil Judicial Path (Lawsuits for Value Determination)

Disputes regarding the price, as a rule, fall within the jurisdiction of the civil judiciary. If the administration and the right holder cannot agree on the price, the administration is obliged to file a “Lawsuit for Value Determination and Registration.”

            “Disputes regarding the price shall be resolved by the civil authorities.” Within this scope, the purchasing administration or the right holder applies to the Civil Court of First Instance where the property is located and requests the judge to determine the value.

It is not possible for the administration to file a lawsuit directly; it must first prove that it has attempted the purchase/reconciliation procedure. “Attempting the purchase procedure is a ‘precondition for filing a lawsuit’ for the value determination and registration case to be filed in the Civil Court of First Instance.”

4.2. Administrative Judicial Path (Annulment Actions)

An annulment action can be filed in the administrative judiciary against elements of the sale transaction other than the price (such as the determination of right holder status, rejection of the sale, or irregularities in the administrative process).

A lawsuit can be filed in the Administrative Court against the determinations of right holder status made by the Governor’s Office or the relevant directorates within the legal time limit starting from the date of notification. “The sale procedures of those who document that they have filed a lawsuit in the administrative court within the legal period —following the Governor’s determination or, if an objection was made, the notification of the objection result— shall be suspended until a final court decision is reached.”

 5. OBSTACLES TO SALE AND EXCEPTIONS

Not every 2/B land can be subject to direct sale. According to Article 6/12 of the Law, the following areas are excluded from the scope of sale:

  • Afforestation areas allocated to the General Directorate of Forestry,
  • Immovable properties reserved for or used for public services,
  • Areas located within a 300-meter strip from the maximum water level in drinking and utility water basins,
  • Immovable properties that must be evaluated according to special laws (For example: reserve building areas under Law No. 6306).

In such cases, a direct sale is not made to the right holder; however, upon request, another 2/B land of equivalent market value, primarily located within the borders of the same province, may be sold directly to the right holder.

In Supreme Court decisions, it is stated that the user notation in the declarations section of the land registry is of critical importance for the completion of the 2/B sales process. Lawsuits filed in cases of incorrect establishment or absence of this notation directly affect the sales process; however, the possibility of hearing correction requests regarding the notation is limited after the sale has taken place.

In conclusion, the sales process of 2/B and Treasury lands begins with an administrative preparation and reconciliation phase. While objections of right holders to the sale price are generally resolved through value determination lawsuits before the Civil Courts of First Instance, annulment actions must be filed in Administrative Courts against administrative acts such as the rejection of the sale or the determination of right holder status.

CONCLUSION

The legal regime of 2/B lands carries the ideal of protecting forest assets on one hand, while aiming to resolve the conflict between the de facto situation and the legal status on the other. As examined throughout this article, classifying a piece of land as 2/B depends on whether that land has scientifically and irreversibly lost its forest characteristics before December 31, 1981. This situation is the first and most critical threshold that must be crossed to establish property rights.

The regulations introduced by Law No. 6292 have linked the broad powers of the administration to a specific procedure; they have drawn a legal framework for the concept of “right holder” by clarifying the distinction between the user and the owner of the affixed assets. In particular, the            Constitutional Court’s recent annulment of provisions stating that no lawsuit can be filed against the sale price is a turning point in terms of the rule of law and property rights. With these annulment decisions, the opening of judicial remedies against the market values unilaterally determined by the administration has secured the property rights of right holders.

In conclusion, the process of selling and transferring 2/B lands presents a multi-faceted structure that falls under the jurisdiction of both the administrative judiciary (annulment actions) and the civil judiciary (value determination). To avoid any grievances during this process, it is of great importance for right holders to ensure the accuracy of the notations in the land registry, comply with application deadlines, and act in accordance with current judicial decisions. The solution to the 2/B issue is possible not only by integrating these lands into the economy but also by establishing property security and social peace.