a critical evaluation on the concept of justice in planning process

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development plans and not expropriated in more than 5 years time or still do not exist in an expropriation programme. B. Regarding the increase in expropriation value. C. Regarding the nullification of expropriation and the development plan that it is based on. Ownership Actions about boundary determination and ownership transmissions between Municipality of Balçova, Greater Municipality of zmir and Municipality of Konak. Between 1980-1991, after abolition of Municipality of Balçova, public properties were conveyed to Municipality of Konak. Conflicts occurred after 1991, concerning the determination of municipal boundaries after 1991 and transmission of public properties still continue. nciraltı, Bahçelerarası, Gençlik Merkezi (Entertainment Center) and Üçkuyular market place are that kind of properties. The case known as Village of Olympiad is also examined in this extent. Administrative Courts are authorized to pursue all of these actions. Development Actions brought against the annulment of development plans. Plan Partition Actions concerning the partition action on the shared lots/lands formed by Action implementations of Development Act No.3194/Article No.18. In the courts, lots/lands are sold according to the value calculated by the experts and partition action decision is taken. The Civil Court of Peace is authorized to proceed these actions. Narkent Actions concerning Narkent Mass Housing Area, including different subjects like; ownership, storey demands, payments of compensation of damages. Subdivision Plan Actions for objections to different subdivision plans applied by each regarding municipality. Plan Change Actions brought against annulment of plan alterations approved by municipal (Alteration) councils (Greater Municipality of zmir, Municipalities of Balçova and Narlıdere). 212
Personnel Actions for annulment of salary reduction fines, objections to promotion cancellations, annulment of entrustment procedures, demand in determination of labor performance, severance/notice pays are shown in this category. These actions are brought by the personnel and can be juridical or administrative according to their contents and subjects. Development These are the penalties fined due to the inspections done according to Development Penalties Act No.3194/Articles No.32 and 42. These actions are performed in the Criminal Courts of Peace instead of Administrative Courts. Subjects of action are generally the penalties and demolition decisions stated by the related municipal committee due to record of (Yapı Tatil Zaptları) about the buildings, project and annexes without license. In this extent, there are also squatter demolitions as well as luxury residential areas. Licenses They are the actions of objections about the refusal of work-site operation license, temporary building licenses and/or annulments of these licenses. Demolition These are the actions regarding the buildings and/or part of the buildings that are Decisions considered to be demolished after the inspections of the related municipality according to the Development Act No.3194/Articles No.32 and 42. These actions generally include squatter areas, however, lands developed appropriately with the development plans can also be in the extent of the action. Subjects of actions are generally the demolition decisions and penalties fined by the related municipal committee according to record of (Yapı Tatil Zaptları) about the buildings, annexes and projects without license. Evacuation Including the actions of objections to the evacuation demands for demolitions decided in the extent of urban renewal plans. Both Balçova and Narlıdere municipalities have those kinds of actions. Title-Deed These are the actions about land registrations that have to be corrected due to the disagreements between defendants and plaintiffs. This problem generally occurs during application stage of development plans. Lands that have been included in the extent of development plan and had been used as tenure for 213
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A CRITICAL EVALUATION ON THE CONCEP
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ACKNOWLEDGEMENTS I would like to th
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ÖZET Bu tez, Türkiye ehir planlam
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2.3.2.The Attained Principles and R
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4.3.3.Objections to Demolition Deci
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LIST OF TABLES Table Page Table 2.1
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1.1. Aim of the Study CHAPTER 1 INT
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urban space. The considered aspects
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e revealed and defended. The practi
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questions, of which the answers are
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problems in legal process, effects
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taken in 1999 regarding the area in
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c. Municipalities of Balçova and N
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CHAPTER 2 THE FRAMEWORK OF JUSTICE
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concepts is the society’s structu
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c. how the procedures are explained
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society rather than the individual.
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economy approaches encounter. As a
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25 Table 2. 1. The Main Emphasize o
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equal citizenship are taken as sett
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2.3.2. The Attained Principles and
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2. that the liberties shall be rest
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y Rousseau, Locke and Hobbes. Forma
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content “rule of law” is descri
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2.4.3. Liberties and Rights in the
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Second Stage Rights and Liberties;
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sources new arrangements in economi
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ack to the limited contents of mini
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2.5. Spatial Considerations Based o
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specific in its redistributive aims
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giving the heterogenous urban visio
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In this approach that is based on a
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social and economic rights and in t
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the state on public space and the c
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I. Part-In General Principles chapt
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Land ownership and its utilization
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egulations are done with Conservati
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account; the efficient use of resou
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of law and justice and preparing th
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eport among legal regulations enact
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financial resources of administrati
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installments starting from 150 mill
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Table 3. 3. Total Number of Househo
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Results of the studies of two impor
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public services are among the other
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Turkey. Individualistic rights and
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a notice hang at the building and o
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and give them the statue of being l
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important points. First one is shri
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applications. Articles 15 and 16 of
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gecekondu in this law is made as;
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prior subjects in the organizations
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establishing a social balance and g
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3.5.2.2. Limitation of Ownership Ri
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3.5.2.3. Individual, Social and Pub
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In the legal transformations which
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Narlıdere realized in 1992. By thi
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Although not making any decisions o
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Figure 4.1.A. Detail from Balçova
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107 Derived from the data Planning
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4.2. General Evaluation of Actions
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Table 4. 3. All Administrative and
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4.2.1. General Evaluation of the Ac
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115 115
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Table 4.5. All Administrative and J
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119 119
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121 Table: 4.8. Administrative and
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About Subdivision Plans Proceeded i
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12. Narkent Includes the actions br
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Table 4. 9. Administrative and Juri
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Chamber of Architects) and 1 action
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4.3.1. Actions about Expropriation
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decision of zmir-Çe me Highway and
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In the claim of Municipality of Bal
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monetary/moral difficulties and los
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Table 4. 11. Actions of Nullity Pro
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which are defined in legal process,
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accepted the explanation of “havi
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Plans scaled 1/5000 that include Ma
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4. “Decision Amendment Demand”
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Table 4. 42. Distribution of Demoli
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children’s playgrounds, green zon
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shown as a work site in the impleme
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court decision will be in favor of
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7. Objection against the rejection
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Municipality has repealed its plans
Page 173 and 174: Expert Report: 1. The purpose of th
Page 175 and 176: with the scale of 1/1000 was put in
Page 177 and 178: 2. As the result of the reexaminati
Page 179 and 180: effectiveness of the location of th
Page 181 and 182: located in between the Mithatpa a R
Page 183 and 184: purposes, which is the demand of th
Page 185 and 186: no: 97-98-99 on building block no.6
Page 187 and 188: lands belong to the Treasury”. On
Page 189 and 190: party because documents in court fi
Page 191 and 192: decisions that are passed on the ba
Page 193 and 194: Figure 4. 6. Spatial Distribution o
Page 195 and 196: CHAPTER 5 CONCLUSION 5.1. General C
Page 197 and 198: 5.2. Results of the Transformation
Page 199 and 200: urban settlers by the urban physica
Page 201 and 202: 5.3. Results of Field Survey In the
Page 203 and 204: also the legal and legitimacy proce
Page 205 and 206: etween Özdilek which carries a pri
Page 207 and 208: career, do not have a common defini
Page 209 and 210: organization in making the most dis
Page 211 and 212: Books: REFERENCES Ackerman, B. A. (
Page 213 and 214: Kele , R. (1994) Yerinden Yönetim
Page 215 and 216: Articles and Papers: Akkar, M. (199
Page 217 and 218: Türkçe Sözlük (1974) TDK Yayın
Page 219 and 220: Lai, C.&Wai, L. (2002) Libertarians
Page 221 and 222: Sivil taatsizlik (1998), Disiplinle
Page 223: APPENDIX A The Extent of Subject Cl
Page 227 and 228: APPENDIX B Examination of Actions B
Page 229 and 230: demolition decisions are under the
Page 231 and 232: Explanation of Terms Used in Thesis
Page 233 and 234: APPENDIX E All Collected Data Inclu
Page 235 and 236: Conference Papers and Seminar Prese
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