a critical evaluation on the concept of justice in planning process

Land ownership and its utilization principles take place in article 44. With
this article state is given duty of taking precautions. These precautions are stated as this:
“shall take the necessary measures to maintain and develop efficient land cultivation, to
prevent its loss through erosion, and to provide land to farmers with insufficient land of
their own or no land. For this purpose, the law may define the size of appropriate land
units, according to different agricultural regions and types of farming. Providing of land
to farmers with no or insufficient land shall not lead to a fall in production, or to the
depletion of forests and other land and underground resources.”
Arrangements about “Protection of Agriculture, Animal Husbandry and of
Persons Engaged in These Activities” which take place under the title Public Interest
are stated in article 45 as: “The state facilitates farmers and livestock breeders in
acquiring machinery, equipment and other inputs in order to prevent improper use and
destruction of agricultural land, meadows and pastures and to increase crop and
livestock production in accordance with the principles of agricultural planning.
The state shall take necessary measures to promote the values of crop and
livestock products, and to enable growers and producers to be paid the real value of
their products.”
According to article 46 about expropriation (As amended on October 17, 2001)
“The State and public corporations shall be entitled, where the public interest requires it,
to expropriate privately owned real estate wholly or in part and impose administrative
servitude on it, in accordance with the principles and procedures prescribed by law,
provided that the actual compensation is paid in advance”. Within its content the
payment of expropriation, payment conditions payment way are explained in detail.
In article 47 about “Nationalization and Privatization” it is stated that
“private enterprises performing public services can be nationalized when this is required
by the exigencies of public interest”. Privatization is added to this article by a
Constitutional change in 1999 (Addition: 13/8/1999-4446/1). It is decided that
principles and rules concerning the privatization of enterprises and assets owned by the
State, State Economic Enterprises and other public corporate bodies shall be prescribed
by law. Privatization practices and arguments which started in 1990’s are based on this
article added into the Constitution in 1999 with a change. Before and after this
Constitutional change, (privatization) selling of many lands and plots owned by public
were realized.
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