Examination of court decisions related to zonning plan applications

SUMMARY Investigating the problems of applications modifying post-cadastre parcel ownership InTurkey, many local governments apply zoning plans in their own right. However for a number of reasons such as lack of public awareness, technical insufficiencies of applying bodies, and misinterpretation of the body of the current law, many public objections arise against zoning plan applications. Being a sign of strong traditional dependency of the Country's people to land, objections to the newly formed parcel boundaries are often formed into appeals to the corresponding bodies. Such appeals are directed to the courts of the related municipality. Therefore, scientific research to determine the causes of appeals to zoning plan applications are very important in terms of reaching expected goals of such applications. Because, the value of real estate dramatically increases after a zoning plan applications and improper use of real estate will result in great economical losses. In this thesis, 73 decrees of Federal Court concerning the zoning plan applications of recent years have been examined to determine the acceptance rate of local court decisions by Federal Court. The reasons for the rejected local court decisions have been investigated and classified. The problems have been inspected with both technical and legal aspects and a number of criteria have been determined for what have to be done by people, local government, private sector, and local courts before, during, and after zoning plan applications. Finally, on the basis of these criteria suggestions for objectif resolutions have been made. Keywords: Zoning Plan Applications, Real Estate, Local Government. VII