Investigation of demand-based land readjustment implementations: the example of yakutiye district of Erzurum

Urbanization is not limited to population growth; it is a dynamic process with socioeconomic, spatial, and environmental dimensions. In the sound management of this process, zoning plans are fundamental tools that determine the use of urban areas and maintain environmental and social balance. The primary means of implementing zoning plans are Land Readjustments, implemented in accordance with Articles 15, 16, and 18 of Zoning Law No. 3194. Land Readjustment practices (subdivision, consolidation, road abandonment, and road creation), implemented on demand pursuant to Articles 15 and 16 of the Law, are widely used in practice. These practices increase the applicability of the plan by quickly resolving parcel incompatibilities and ensure a balance between both the public interest and property rights. However, with the amendments made to Article 15 of Zoning Law No. 3194 in 2019 and the subsequent Regulation, it was stipulated that, except for the exceptional circumstances specified in the Law, demand-based transactions such as subdivision and consolidation cannot be carried out in areas where a parcellation plan has not been implemented (implementation of Article 18). However, implementing Article 18 is not technically and legally feasible in all cases. Therefore, this thesis aims to investigate the necessity, effectiveness, and adequacy of these exceptional circumstances and to analyze the Land Readjustment practices implemented pursuant to Articles 15 and 16 of Zoning Law No. 3194, specifically in Yakutiye District, Erzurum Province. The practices implemented in Yakutiye District, Erzurum, between 2023 and 2024 were analyzed with their numerical impact, and the legal basis of these practices, process steps, regulatory provisions, and their contribution to urban development were examined. The study concluded that demand-based LR practices, such as subdivision and consolidation, are critical tools for orderly and planned urban development, and that the flexibility offered in the legislation allows administrations to choose the most effective and practical method when implementing zoning practices. Implementing Articles 15 and 16 of Law No. 3194 ensures the effectiveness of planning decisions in the field, reduces property-based disputes, and safeguards the public interest. Keywords: Land readjustment, Parcellation plan implementation, Subdivision, Parcel Consolidation, Road Dedication, and Creation of Parcels from Abandoned Roads.