3) The compensation which is finalized over the possible value of
the property offered by the parties or as a result of appraisal by
the judiciary through an expert will undoubtedly be a monetary
value which does not reflect the full value of the property. We
can talk about three known methods in terms of the payment of
this amount.
a) The first one, as a financial approach, involves direct payment
of compensation amounts as in an expropriation. However,since annulment of a title deed could be the case for thousands of parcels, it should be noted that there might be a significant shortage of resources available for the payment of finalized amounts.
b) Another method involves payment in the form of a property,
which is defined as a swap; this method is applicable with the agreement of both parties. However, the fact that this property is land leads to concerns about the rapid exhaustion of the property stock that is owned by the public. Since the title deed of the property it obtains through the swap is annulled, it does not actually obtain it; in fact, the public loses the property.
c) The final method is based on payment of the expropriation amounts of the properties that remain in protection areas by issuing a certificate. This method was added to Turkish legislation in 1998. However, it was abolished in 2009. The aim of this method was to allow treasury properties to sell tenders and use them as payment tools by having certificates for which legal interests continue. Also, the expropriation
value is written to enable the state to avoid monetary payment loads. The present study found that this method can be appropriate for the parcels of land on the shore. However, it would be a more accurate approach if these certificates were valid in terms of their principal amounts, to allow their owners to purchase residential and commercial buildings constructed and sold by the Housing Development Administration of Turkey in a privileged manner. There is no doubt
that, for the implementation of the last method, an article should be added to the Cadastral Lawor Cadastral Regulation. It is believed that the compensation which will be paid to the owners of the properties whose title deeds were annulled because they remained on the shore should be paid through combined use of the three methods mentioned above and that it would be appropriate to give the owners the right to choose how they are to be compensated.
3) The compensation which is finalized over the possible value ofthe property offered by the parties or as a result of appraisal bythe judiciary through an expert will undoubtedly be a monetaryvalue which does not reflect the full value of the property. Wecan talk about three known methods in terms of the payment ofthis amount.a) The first one, as a financial approach, involves direct paymentof compensation amounts as in an expropriation. However,since annulment of a title deed could be the case for thousands of parcels, it should be noted that there might be a significant shortage of resources available for the payment of finalized amounts.b) Another method involves payment in the form of a property,which is defined as a swap; this method is applicable with the agreement of both parties. However, the fact that this property is land leads to concerns about the rapid exhaustion of the property stock that is owned by the public. Since the title deed of the property it obtains through the swap is annulled, it does not actually obtain it; in fact, the public loses the property.c) The final method is based on payment of the expropriation amounts of the properties that remain in protection areas by issuing a certificate. This method was added to Turkish legislation in 1998. However, it was abolished in 2009. The aim of this method was to allow treasury properties to sell tenders and use them as payment tools by having certificates for which legal interests continue. Also, the expropriationvalue is written to enable the state to avoid monetary payment loads. The present study found that this method can be appropriate for the parcels of land on the shore. However, it would be a more accurate approach if these certificates were valid in terms of their principal amounts, to allow their owners to purchase residential and commercial buildings constructed and sold by the Housing Development Administration of Turkey in a privileged manner. There is no doubtthat, for the implementation of the last method, an article should be added to the Cadastral Lawor Cadastral Regulation. It is believed that the compensation which will be paid to the owners of the properties whose title deeds were annulled because they remained on the shore should be paid through combined use of the three methods mentioned above and that it would be appropriate to give the owners the right to choose how they are to be compensated.
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