The amendments made to the Forest Law through the omnibus law numbered 7584, published in the Official Gazette on 20.06.2026, closely concern not only the forest administration and immovable property owners, but also attorneys handling litigation in this field. One of the notable aspects of the amendment is that it touches upon the areas of dispute shaped around forest cadastre results and the attorneys’ fee regime.
Every amendment in forest law must strike a delicate balance between the right to property, the public interest, environmental protection and the administration’s power of disposition. For this reason, the new regulations should be addressed not only through the wording of the statutory text, but also in terms of existing litigation strategies, ongoing proceedings and potential future remedies.
Why Is the Forest Cadastre at the Center of Disputes?
The forest cadastre is one of the fundamental procedures for determining whether an immovable property falls within an area deemed to be forest. This determination may directly affect the use, transfer, zoning status and ownership claims concerning the immovable property, as well as lawsuits that may be filed against the administration.
Whether, as a result of the forest cadastre, a place is deemed to fall within forest boundaries or outside them is often not merely a matter of technical measurement. It is also a complex legal field that must be assessed together with title deed records, possession claims, historical forms of use, administrative procedure processes and expert examinations.
It is therefore not surprising that one of the first significant effects of the amendments to the Forest Law is connected to forest cadastre results. This is because the forest cadastre is the point where both the administration’s authority of protection and supervision and individuals’ rights to property and to bring legal action intersect.
What Do Areas of Litigation Opened and Closed Mean?
Regulations in the nature of omnibus laws often transform existing types of disputes. Through an amendment, certain avenues of litigation may be narrowed, certain application procedures may be reshaped, or a new legal basis may be created for issues that were previously controversial.
In this context, the expression “areas of litigation opened and closed” gains significance in practice under the following headings:
- Before which court and within what time limit an action may be filed against specific procedures,
- How remedies against forest cadastre results will be used,
- Whether ongoing cases will be affected by the new regulation,
- Which legal avenue will be preferred in disputes between administrative acts, title deed records and actual use,
- Whether the new statutory provisions will be applied retroactively.
At this point, the most critical issue is the effective date and transitional provisions of the amendment. As a rule, statutory amendments apply to procedures carried out after they enter into force; however, certain regulations may also have an effect on ongoing processes. For this reason, in a concrete dispute, it is necessary to examine not only the Forest Law, but also the relevant transitional provisions and procedural rules.
Why Is Intervention in Attorneys’ Fees Important?
The fact that attorneys’ fees are addressed within the scope of the amendment to the Forest Law is also of particular importance for legal practice. Attorneys’ fees cannot be reduced solely to the contractual relationship between attorney and client; the statutory attorneys’ fee imposed on the opposing party at the end of the proceedings is also connected with access to justice and the freedom to seek legal remedies.
The economic value of legal services is decisive for the effective conduct of lawsuits. Especially in forest disputes involving technical expert reports, site inspections, map and cadastre examinations, and lengthy judicial processes, the scope of attorneys’ work is extensive. Therefore, any limitation or differentiation concerning attorneys’ fees may affect, in practice, the motivation to file lawsuits and the quality of representation.
Here, it is necessary to distinguish between two different types of attorneys’ fees:
| Type of Attorneys’ Fee | Legal Nature | Importance in Practice |
|---|---|---|
| Contractual attorneys’ fee | Based on the agreement between the attorney and the client | It is the consideration for legal services within a private law relationship |
| Statutory attorneys’ fee | It is in the nature of a litigation expense awarded at the end of the proceedings | It produces consequences in favor of the party that wins the case |
In areas connected with public order, such as forest cases, provisions on litigation expenses and attorneys’ fees do not merely create a financial consequence between the parties. They also affect individuals’ willingness to bring actions against the administration, the care the administration will exercise when establishing administrative acts, and the deterrent/balancing function of adjudication.
Points to Consider for Ongoing Cases
The effect of the amendments introduced by Law No. 7584 on ongoing cases must be assessed separately according to the stage of each file. The fact that a lawsuit has been filed does not mean that the new regulation will not apply in any way; likewise, it cannot be said that the new law will automatically produce consequences in every file.
In practice, the following checks in particular should be carried out:
- Is the subject matter of the case based on the result of the forest cadastre, the title deed record, or an administrative act?
- Is the dispute being heard before the civil courts or the administrative courts?
- What is the relationship between the effective date of the statutory amendment and the date of the lawsuit?
- Have the site inspection, expert report or decision stage been completed in the file?
- In terms of attorneys’ fees, can the new regulation be taken into account at the stage when judgment will be rendered?
The answers to these questions determine both the litigation strategy and the financial risks of the parties. Especially at the stages of legal remedies such as appeal, cassation or rectification of judgment, the manner in which the new regulations are invoked may gain particular importance.
The Balance Between the Right to Property and the Public Interest
At the center of forest law lie the right to property and the public interest in the protection of forests. The constitutionally protected right to property may be restricted for the purpose of protecting forests; however, such restriction must have a statutory basis, be proportionate, and must not eliminate effective remedies.
For this reason, when assessing the amendments to the Forest Law, not only the powers of the administration but also individuals’ opportunities to seek legal remedies must be taken into account. Since forest cadastre procedures often produce concrete consequences years later, it must be clear within which periods and before which authorities individuals may seek their rights.
What Does This Mean in Practice?
The amendments made to the Forest Law through the omnibus law numbered 7584 will bring new debates along the axes of forest cadastre and attorneys’ fees. Especially in ongoing cases and cases planned to be filed, the effect of the regulation must be examined on a file-by-file basis.
- Forest cadastre results should be reassessed carefully, as they directly affect the legal status of the immovable property.
- Avenues of litigation that may be pursued or may no longer be pursued should be analyzed together with effective-date and transitional provisions.
- Attorneys’ fee regulations are important in terms of both attorneys’ labor and the freedom to seek legal remedies.
- In ongoing cases, the effect of the new law should not be presumed automatically; a legal assessment should be made according to the stage of the file.
- Property owners, administrations and attorneys should act more carefully in forest disputes in terms of time limits, the competent court and financial consequences.