Ýmar uygulamalarinda bedele donusturmeler
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Date
2008
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Kadir Has Üniversitesi
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Abstract
3194 sayili İmar Kanunu tasinmazlarin bedele donusturulmesine izin vermemistir. İmar Kanunu imar planlarina uygun parseller olusturulmasi yonunde imar uygulamalari yapilmasini ongormustur. Hizli kentlesme ve kirsal kesimlerden buyuk kentlere olan hizli gocler nedeniyle 3194 sayili İmar Kanununa gore imar uygulamasi yapilmasi ihtimali kalmayan yapilasmis alanlarin islahi adina 2981 sayili Kanun yururluge girmistir. Bu kanunun temel amaci mevcut durumu islah etmek olmustur. Bunun yaninda yapilasmaya uygun sekilde olusturulamayan isgalli parsellerin bedelinin kamu idaresince odenmesi ongorulmustur. Boylelikle tasinmazlarin imar uygulamalarinda bedele donusturulmesi de hukukumuza girmistir. İmar uygulamalarinda bedele donusturme islemlerinin faydalari ve sakincalari olmustur. oncelikle yapilasmaya uygun parsellerin kacak yapilasma nedeniyle yok olmasi ve bu parsellerin 3194 sayili İmar Kanununa gore imar uygulamalarina dahil edilememesi onundeki fiili engeller bertaraf edilmistir. Kacak yapilasma alanlarinda ki fiili durum kismen dahi olsa imar planlarina kavusmustur. Tasinmazlari mustakil tescil edilemeyen kisimlari ile komsu parsellere tecavuzlu binalarin isgal ettikleri alanlarin bedeli leyh ve aleyhte ihdas edilen kanuni ipotekler ile mevcut yapilasma korunmustur. Hazine belediye ve Vakiflar Genel Mudurlugu tasinmazlarindaki isgalcilerin durumuna da hukuki olarak cozum getirilmeye calisilmistir. Sonucta 2981 sayili Kanun ile mevcut durumun islah edilmeye calisilmistir. Diger yandan 2981 sayili Kanun ile getirilen bedele donusturmeler komsu parsele isgalci olan maliklerin bu eylemleri kamu idaresince taninmistir. Zorunlu bedele donusturmeler nedeniyle zamanin tasinmazina bina yapamayan maliklerin tasinmazlarinda ki mulkiyet hakki isgalci komsularina gecmistir. Bu durum kamu vicdanini yaralamistir. Kimi uygulama alanlarinda bedele donusturmeler nedeniyle cok kucuk hisseler tesekkul etmistir. Bu hususlarda imar uygulamalarinda bedele donusturmenin onemli sakincalaridir.
Re-development is an administrative and public operation and transaction to create new urban areas and exceptionally to adjust the current urban areas. The 3194 numbered Re-development Act (İmar Kanunu) of 1985 has the basic legal regulation in the field of re-development. This act has rules in this issue. Through this re-development process basically the non-urban areas are re-developed through the various kinds of plans and the private immovable owners have to release some of their lands to the public areas, such as schools grounds, roads, parks, governmental offices, and so on?After this operation the owners will certainly have less land but these newer ones will be more valuable; because they will be items of legal constructions. During this planning period, in many cases most owners cannot keep their earlier position on the land. At first a defined and restricted part of land is declared to be the re-development planning area and then the whole lands in that field are considered to have been mixed. After reduction of the public areas mentioned above, the rest area is divided into regular lands that each of them can independently be constructed in accordance with the re-development and city plans. Finally these lands can have been converted into ground plots. The ex-owners get reasonable and proportional ground plots, when the new ground plots are not enough for a single new ground plot, a share of the new ground plots are given to such owners. So, although they were single owners, after the re-development practice, they can find themselves to be in a co-ownership with one another over a newer property. In some cases because of the re-development and plans are not suitable even to give shares to the owners. If so, their new shares are converted into a price and this amount of money is paid. Of course this latest one is not the preferable way of satisfaction. It is an exceptional way. However it is inevitable for the re-development.
Re-development is an administrative and public operation and transaction to create new urban areas and exceptionally to adjust the current urban areas. The 3194 numbered Re-development Act (İmar Kanunu) of 1985 has the basic legal regulation in the field of re-development. This act has rules in this issue. Through this re-development process basically the non-urban areas are re-developed through the various kinds of plans and the private immovable owners have to release some of their lands to the public areas, such as schools grounds, roads, parks, governmental offices, and so on?After this operation the owners will certainly have less land but these newer ones will be more valuable; because they will be items of legal constructions. During this planning period, in many cases most owners cannot keep their earlier position on the land. At first a defined and restricted part of land is declared to be the re-development planning area and then the whole lands in that field are considered to have been mixed. After reduction of the public areas mentioned above, the rest area is divided into regular lands that each of them can independently be constructed in accordance with the re-development and city plans. Finally these lands can have been converted into ground plots. The ex-owners get reasonable and proportional ground plots, when the new ground plots are not enough for a single new ground plot, a share of the new ground plots are given to such owners. So, although they were single owners, after the re-development practice, they can find themselves to be in a co-ownership with one another over a newer property. In some cases because of the re-development and plans are not suitable even to give shares to the owners. If so, their new shares are converted into a price and this amount of money is paid. Of course this latest one is not the preferable way of satisfaction. It is an exceptional way. However it is inevitable for the re-development.