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- Title
İMAR PLANINDA UMUMİ HİZMETE1 AYRILAN TAŞINMAZIN TAHSİSİNE "ÖZEL" İFADESİNİN EKLENMESİNE DAİR BİR ÖZEL HUKUK İNCELEMESİ.
- Authors
BAKIRCI, Münevver Kübra
- Abstract
In this study, the effects on the right to property of adding the phrase "private" to the allocation of immovable that are subject to private law allocated to public service in the zoning plan have been evaluated. In practice, the phrase "private" to the allocation of immovable is added by the administrations by having been changed in the zoning plan allocating the immovable to public service. In this context, for example, the immovable having been allocated as a training ground, is allocated as a private training ground, and it is alleged that the limitation is a fair balance due to the possibility of private usage in the immovable. On the subject, firstly, the content and the legal basis of this practice developed by the administrations are handled, and relevant decisions of the Council of State and Constitutional Court are reviewed. Later the content of article 13/2 of Turkish Zoning Law rendered it possible done private facilities on immovable allocated to public services in the zoning plans analyzed. Eventually, the rendering possible of private usage on the immovable by a change in the zoning plan is evaluated effects on the immovable that is subject to private property by having been reviewed on article 13/2 of Turkish Zoning Law.
- Subjects
PRIVATE property; PROPERTY rights; PUBLIC interest law; MUNICIPAL services; CIVIL law; ZONING law
- Publication
Hacettepe Law Review, 2022, Vol 12, Issue 2, p1346
- ISSN
2146-1708
- Publication type
Article
- DOI
10.32957/hacettepehdf.1084624