Akademik Veri Yönetim Sistemi
GEOMATIK, cilt.8, sa.2, ss.192-199, 2023 (ESCI)
Although there was no obstacle in the legislation in acquiring municipality shares from the closed roads as per the zoning plan, it has been counted as a reason for cancellation for Land Readjustment (LR). Despite the established opinion of State Council, the fact that the administration has insisted the use road surpluses is by far the first in reason for cancellation of LR. Although the sale of the municipality's shares to the other shareholders contributes to the success of the zoning implementation, it makes recovery processes difficult after the cancellation decision, and in many cases it corresponds to impossibility. The deadlock of recycling processes is a remarkable problem for zoning implementation and failure of the zoning process is to the detriment of both the shareholders and the public. A paragraph added to the Zoning Law in 2020 defines a procedure in recycling of LR in the form of compensation with the price in case of de facto and legal impossibility. It is thought that the definition in the text of the law also includes the sale of shares obtained from the road surpluses and thus an important problem can be overcome. It is claimed that the definition in the text of the law also covers the sale of shares obtained from the road surpluses. The proposed procedure was used in recovered LR, it was judged to be lawful by the primary administrative court.