Examination of easement right implementations in technical infrastructure projects within the context of land consolidation projects, and legislative proposals

Currently, water, energy transmission, sewage, communication, and natural gas pipelines—which constitute a significant portion of the technical infrastructure projects carried out by public institutions and organizations—are transported from one designated point to another to meet the needs of cities, neighborhoods, villages, and industrial zones. Public institutions require expropriation corridors with widths regulated by legislation in order to implement these technical infrastructure projects as facilities. These expropriation projects, prepared in a strip-like form, intersect immovable properties located within the boundaries of many provinces, districts, neighborhoods, and villages. Consequently, a portion of the necessary lands is acquired through expropriation from privately owned immovable properties. In technical infrastructure projects, easement rights are registered in the land registry under the rights and liabilities section, either based on mutual consent or by court decision, by specifying the intended use on privately owned lands. Due to the extensive length of these corridors, the easement rights registered in the land registry are included in numerous new projects nationwide, necessitating subsequent reorganization. This study examines the issues related to the 'expropriation of easement rights' that arise during the reorganization processes of land consolidation projects, which are among the major infrastructure projects. By analyzing the conditions of easement rights before and after reorganization through practical project implementations at various locations, and by identifying problems based on finalized court rulings, the study aims to propose legislative recommendations.