Evaluation of development readjustment share deduction from the puplic service areas with regard to public interest concept : the case of Turkish State Railways

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2017
Akar, Berrak
It is one of the most important tasks of the state to prevent unplanned urbanization and to provide healthy urbanization and infrastructure. Planning is also one of the most effective instruments used to accomplish this task. On that sense, planning appears as a significant tool which is used by central and local governments to provide public interest. The implementation of development plans which are guiding to the practices on physical space, enable the reflection of public interest to the space. The purpose of development plan implementation is to create public service areas that provide solutions to the transportation, health, social and cultural needs of the citizens as well as the organized urbanization. However, it is needed an allocation of space for those services in the field, and a source for this allocation. In return for the value increase occurring after regulation, a deduction is made under the name of development readjustment share (DOP) from all the lands included in the regulation area. This deduction should be used for the creation of social facilities to meet the needs of public, in other words it must be used for providing of public interest. However, there are some contradictory situations between the development readjustment share deduction and public interest. In the development plan implementation applied in our country, the deduction of development readjustment share is taken from the areas which are reserved for public service in development and master plans and the properties belong to those public institutions. This situation is persistently maintained despite being contrary to the Reconstruction Law No. 3194 and the related regulations and it causes the disruption of public service. Since it is not possible to mention of any value increase after the implementation of development plan, it is not be considered legal to defend the deduction of development readjustment share in the fields subjected to carrying out public services. The aim of this study is to examine the deduction of development readjustment share taken from the lands which belong to Turkish State Railways, and evaluate the case in detail. The results of the study are expected to be a guide while re-addressing the practice of development readjustment share on public lands.
Citation Formats
B. Akar, “Evaluation of development readjustment share deduction from the puplic service areas with regard to public interest concept : the case of Turkish State Railways,” M.S. - Master of Science, Middle East Technical University, 2017.