Examination of Urban Transformation Applications in the light of Judicial Decisions Cover Image

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Examination of Urban Transformation Applications in the light of Judicial Decisions

Author(s): Şebnem Akipek Öcal, Uğur İhtiyaroğlu
Subject(s): Law, Constitution, Jurisprudence, Rural and urban sociology, Economic development
Published by: Hitit Üniversitesi Sosyal Bilimler Enstitüsü
Keywords: Land and housing ownership; urban transformation; legal problems in urban transformation; judicial decisions and policy proposals;

Summary/Abstract: The urban transformation implementations emerged after the 1980s were perceived as physical intervention against the urban decline areas. However, today, this perception has changed and urban transformation has been considered as an urban planning tool which needs to be examined with its economic, social and spatial dimensions. There is no single law regulating the urban transformation in Turkish Legal System, but it has been observed that different laws are used to regulate the division of labor, to provide coordination between administrations and property owners, and to involve the expropriation process in urban transformation. Although the scope of the legislation of urban transformation is wide, there is often a debate about differences between regulations. It has been determined that the legal disputes arising between the rights holders and the administrations in the process of urban transformation are mostly related to the process of expropriation, valuation and planning. In the court decisions examined in the research, the execution of the expropriation processes and the planning for the urban area in accordance with the legal legislation and the protection of the right to property are emphasized.

  • Issue Year: 13/2020
  • Issue No: 2
  • Page Range: 477-495
  • Page Count: 19
  • Language: Turkish