DEVELOPMENT RIGHTS TRANSFER AND OPPORTUNITIES FOR IMPLEMENTATION: AN EVALUATION OF THE PROVINCE OF VAN EXAMPLE FROM THE ASPECTS OF THEORETICAL PRINCIPLES AND PRACTICE
İMAR HAKLARI TRANSFERİNDE DEĞER ESASLI UYGULAMA OLANAKLARI: VAN İLİ ÖRNEĞİ

Author : Yeşim ALİEFENDİOĞLU -- İskender DUMAN
Number of pages : 163-193

Abstract

In this study, considering the applicable legislation and practices in the USA and Europe, the possibilities for evacuation of the settlements under 1655 m of elevation in Van Lake Basin via transfer of the right to development and abandonment of these places to the public due to the high financial burden and difficulties associated with conducting expropriation swiftly in the selected pilot regions were discussed in detail. In this context, ownership, cadaster, and development plans of the related area were collectively evaluated, and survey was conducted with 42 real estate owners in the disaster affected areas to evaluate in an attempt, develop policies and suggest solution for areas exposed to the disaster. Regarding the preferences of the owners in exchange for their existing properties within the scope of an application to be conducted in areas exposed to the disaster, it has been found that those who want to be paid in cash in exchange of the value determined as the value of the property prefer banks and the Ministry as the institution that will guarantee the right to development certificate and regarding development-based transactions that are currently under the jurisdiction of municipalities such as transfer of development rights to other areas and establishment of limited rights in rem, they tend to prefer municipalities as the institution that will guarantee the right of development certification. Considering the fact that in order to prevent life and property losses that may occur in the event of a possible disaster, the area exposed to the disaster must be cleared of private property, there seems to be a requirement to minimize the financial losses considering the sensitivity of the residents in the area, to ensure that the program has a social sustainable responsibility dimension and to develop monitoring and evaluation system for project implementation processes.

Keywords

Zone exposed to disaster, transfer of development rights, real estate management

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