CLIENT ALERT

October 2017

   

 

For further information please contact:

Sermin Yurdacan Fencimen
Partner, Istanbul
s.fencimen@cergun.av.tr

Ömer Erkut Bulut
Legal Intern, Istanbul
o.bulut@cergun.av.tr

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T +90 (212) 280 90 91

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Circular on Ankara-Niğde Highway Project

The Prime Ministry Circular on the Ankara-Niğde Highway Project has been published in the Official Gazette on October 12, 2017, for the completion of administrative procedures on an accelerated basis to complete the project on time.  The tender process of the Project had been launched by the General Directorate of Highways (“KGM”) on December 30, 2016, and the tender was awarded to ERG-Seza İnşaat Consortium on April 14, 2017.[1]

Zoning Plans

The Circular requires the relevant administrative authorities to make the necessary changes in the zoning plans to realize the Project without delay. The relevant state institutions and organizations shall also conclude the necessary works on the maps, determination of the coast lines and geological and geotechnical site investigations which will form the basis of the zoning plans as soon as possible.

Moving the Infrastructure on the Project’s Route

Pursuant to the Circular, the relevant state institutions and organizations shall also move the infrastructures on the Project’s route such as water, natural gas and oil pipelines, power or communication lines and facilities, and the necessary permits to move such infrastructures will be given to the KGM by the relevant public authorities without delay.

Permits, Assignment and Access Rights to the Public Sites

The necessary measures will be taken by relevant administrative authorities in order to obtain permits, disposition, assignment or access rights in favour of KGM to the immovable properties or the forestry areas necessary for completing the Project. Besides, the permits to make necessary studies in the military sites will be given without delay and the term of permits will be long enough to conduct the necessary studies.

Expropriations

Pursuant to the Circular, the necessary funds for the land expropriations within the scope of the Project shall be provided on a timely manner and the annual allocations will be released within the first 3 months of the relevant year.

Local public authorities shall assist KGM for determining the immovable properties on the Project’s route and their owners. Furthermore, the General Directorate of Land Registry and Cadastre shall assist KGM to prepare expropriation and land plans, provide necessary documents in this regard, and register the expropriated land without delay.

The Priority of the Projects

The Circular provides that the Ankara-Niğde Highway Project shall have priority as compared to the other projects that it intersects or it might intersect. All the state institutions and the governorates shall provide the necessary assistance to KGM and the contractor of the Project in that regard.

[1] Please click here to read our previous client alert on the Project.

 

This information is provided for your convenience and does not constitute legal advice. It is prepared for the general information of our clients and other interested persons. This should not be acted upon in any specific situation without appropriate legal advice. This information is protected by copyright and may not be reproduced or translated without the prior written permission of Ergün Avukatlık Bürosu.