On the 27 / 5 / 2011 the Republic of Cyprus published in the Official Gazette of the Republic a Notice of Acquisition of many properties in the Paralimni Lake in order to fulfill its international obligations and in particular the conservation and restoration of the habitat of Paralimni Lake. On the 25 / 5 / 2012 the relevant Acquisition Decree was published in the Official Gazette of the Republic with which 22 properties were acquisitioned in the Paralimni Lake, consisting of an area of approximately 1,900,000 sq.m.
At the same time as the Acquisition Notice, the Republic of Cyprus also published in the Official Gazette of the Republic a Requisition Decree of the same area of approximately 1.900.000 sq.m., for a period of one (1) year. This Decree was extended on the 18/5/2012 for one more year and on the 31/5/2013 it was extended for the third (3rd) and last time, i.e. until the 30 / 5 / 2014.
The owners of the affected properties of Paralimni Lake appealed to the Famagusta District Court in order to determine the fair amount of compensation that they were entitled to for the acquisition of their properties however, on the 28 / 2 / 2014 the Republic of Cyprus published a Decree revoking the acquisition order.
The owners of the affected properties of Paralimni Lake, represented by the lawyer Mr. Michalis Dlinos, appealed to the District Court of Famagusta in order to determine the fair amount of compensation that they were entitled to for the requisition of their properties as the Republic of Cyprus did not offer any amount of compensation to the owners for the three-year period of the requisition of their properties.
During the trial, the Famagusta District Land Registry estimated the rental value of the properties that had been requisitioned and offered to the owners €1 for every 1,000 sq. m., i.e. the total amount of €1.900.
The President of the District Court of Famagusta awarded the owners of Lake Paralimni, the total amount of €380,000, as the fair amount of compensation for the requisition of their properties.
This is the first case in the Cyprus Courts that exclusively concerned determining the amount of compensation that property owners are entitled after their property has been requisitioned.
The Attorney General of the Republic of Cyprus appealed the decision of the District Court of Famagusta, and the case will be brought at the Supreme Court of Cyprus in the near future.
Mr. Dilinos stated that the Department of Land and Surveys should start treating property owners whose real estate is affected more fairly. For example, when a Requisition Decree is published, an offer should be sent to the owners of the properties whose ownership is affected, just like it is done in cases of Acquisition Decrees.
Case Studies