Evaluation of a land readjustment cancelled by a court decision from a technical perspective: A case study in Türkiye
Main Article Content
Abstract
In Türkiye, land readjustments conducted within the framework of the Zoning Law can be canceled by courts for technical and legal reasons. These cancellation processes can result in significant time and costs for both property owners and the public. Therefore, it is of utmost importance for land readjustments to be applied correctly from both technical and legal perspectives. However, in cases where certain situations are not clearly specified or defined in legal texts, the effectiveness and applicability of practices can be limited. In this study, a zoning implementation that was canceled with reference to its boundaries was reexamined. This examination is based on court decisions related to technical and zoning applications. As a result of the new land readjustment conducted based on the canceled court decisions, it was determined that there were no changes in the Regulation Partnership Share (RPS) ratio, the allocated areas of parcels within the building block, and the number of parcels including social facilities. This indicates that due to certain court decisions, property owners' zoning rights have been restricted, resulting in a burden in terms of time and cost. Consequently, to prevent the cancellation of land and plot readjustments when they do not change the outcome legally and technically, a consultation board consisting of experts well-versed in technical and legal regulations could be established as a solution. This consultation board could evaluate existing practices and propose improvements, contributing to making processes more transparent and participatory. Moreover, courts should be encouraged to consult with expert witnesses and judges when handling such cases. This would ensure that land readjustment implementations are conducted more fairly and effectively, and the interests of property owners and the public are better protected.
Article Details
References
Türk, Ş. Ş. (2009). Arazi ve arsa düzenlemesi yöntemi ve uluslararası çerçevede etkin uygulanabilirliği. ITU Journal Series A: Architecture, Planning, Design, 8(1), 117-126
Balla, R. (2019). Case study of applied research: defining the scale of planning unit in post-war large housing estates. DOCONF2019
Šoškić, M., Višnjevac, N., Mihajlović, R., Mihajlović, D., & Marošan, S. (2022). The development of land readjustment models in Serbia and South-East Europe. Land, 11(6), 834. https://doi.org/10.3390/land11060834
Song, K. B. (2010). The study on analyzing the problems of urban improvement projects and improving the system for urban regeneration. The Architectural Institute of Korea, 26(1), 307-314
Yomralioglu, T., Tudes, T., Uzun, B., & Eren, E. (1996). Land readjustment implementations in Turkey. In XXIVth International Housing Congress, Ankara, 150-161.
Turk, S. S. (2005). Land readjustment: an examination of its application in Turkey. Cities, 22(1), 29-42. https://doi.org/10.1016/j.cities.2004.10.004
Erdem, R., & Meshur, M. C. (2009). Problems of land readjustment process in Turkey. Scientific Research and Essays, 4(8), 720-727
Pamuk, H. (2016). The reasons for cancellation of land readjustment in Turkey. Master’s Thesis, Yıldız Technical University.
Hacıosmanoğlu, S., (2019). Arazi ve arsa düzenlemelerinin geri dönüşüm işlemlerinde yargı kararlarına dayalı çözüm önerileri. Master’s Thesis, Yıldız Teknik Üniversity
Çelik, N. (2013). İptale konu imar planı uygulamalarında geri dönüş işleminin irdelenmesi ve çözüm önerileri yaklaşımı. Master’s Thesis, Karadeniz Technical University
Paşali, K. (2013). Subdivison problems of lands and landing regulations example of Pendik Sapanbağları. Master’s Thesis, Bahçeşehir University.
Ayyıldız, S. (2010). Article 18 of construction law numbered 3194 Applications and Encountered Problems: Yenimahalle-Ankara’s Sample, Master’s Thesis, Zonguldak Karaelmas University.
Pehlivan, H., & Aybal, S. (2023). Analyzing of court decisions cancelling zoning applications in implementation boundary. Advanced Engineering Days (AED), 6, 68-70.