Evaluation of mesne profits practices in municipalities and analysis of problems

Since the beginning of the 2000s in Turkey, new legal arrangements have been made within the scope of public reform, and some arrangements have been made in municipal laws within the scope of municipalities that have the closest organic ties of the central government to the local people and have an important role in the provision of services to the local people. Although the responsibilities of municipalities regarding their administrative duties have increased with the new regulations, it is an undeniable issue that there is a lack of regulations that can ensure their financial strengthening. Within the scope of this study, which aims to analyze the problems encountered in "mesne profit" practices in municipalities, firstly, the concept of "mesne profit" and "mesne profit" applications in municipalities, which are local government units was discussed theoretically, then "mesne profit" practices within the scope of municipalities were examined within the scope of legal regulations and judicial decisions, and finally, to determine the problems encountered during the "mesne profit" transactions carried out within the framework of the relevant legal regulations, the data collected through a survey conducted with the real estate and expropriation directorates, financial services directorates, rural services directorates, legal affairs directorates, valuation commission members and managers of the municipalities were evaluated. Within the scope of the study, problems encountered in "mesne profit" practices in municipalities were addressed through the decisions of administrative courts, administrative litigation departments, and Council of State departments. Within the scope of judicial decisions, it was examined by grouping according to which situations disputes are frequently experienced in "mesne profit" applications in municipalities. According to the results of the research, it was seen that municipalities are in legal difficulties because of the occupation of their immovable properties by real persons as well as the occupation by public legal entities or the occupation of the immovable properties in the possession of public legal entities by municipalities, mostly based on the deficiencies in legal regulations. For the management and administration of immovable property in municipalities and public administrations to be effective and efficient, to manage the process better, and to avoid legal problems, it is also clear that new arrangements are needed to eliminate disputes with the administrative units affiliated to the central administration. In addition, for municipalities to ensure the management and administration of their properties effectively and efficiently, it is considered obligatory to make framework arrangements with the municipal law and to give the metropolitan municipalities the authority to issue regulations or communiqués on real estate management when necessary. Furthermore, it should be emphasized that municipalities should ensure the mandatory employment of real estate development and management experts in departments such as real estate and expropriation, enterprises, and subsidiaries, zoning and urban planning, infrastructure, and rural services, as well as standardization of implementation through the employment of qualified personnel through secondary regulations, transparency and accountability, and optimum utilization of their resources.