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Legislative Compliance Assessment of the Request for Urban Transformation and Development in the Purpose of Allocation for Development Purposes in Rangelands: Example of Doyran and Kızılcaören Village Rangelands

Authors: Ömer Faruk Uzun, Fatih Alay

 

Abstract: In the study, the decision was taken by the Samsun Metropolitan Municipality Council to be an "Urban transformation and development project area"; In the rangeland parcels numbered 108/51 and 108/66 in Doyran and Kızılcaören villages of Vezirköprü subprovince, the "Rangeland condition" class was determined based on the request for change of allocation purpose, and the compliance of the process with the Rangeland Law legislation numbered 4342 was evaluated. The study of the rangeland vegetation was carried out in June 2017 with the visual estimation method. According to the data obtained from the vegetation of the rangeland parcels studied together, the average rangeland condition class of the parcels was “Fair” with 40%. According to the 14th article of the rangeland Law, the rangeland condition class of the rangeland area is "Fair", indicating that the purpose of allocation can be made in the rangeland area that is legally studied. According to this result, the Rangeland Commission accepted the request for a change in the allocation purpose for the area and sent the decision to the Ministry of Agriculture and Forestry for approval. However, the Ministry; expressing that there is no obligation to give a positive opinion to every request for a change in the purpose of allocation, taking into account only the rangeland condition class criterion; It requested that this area be re-evaluated in terms of criteria such as whether it is compulsory for industrial investment, whether there is an alternative area, whether the desired area is larger than necessary and whether the integrity of the rangeland is impaired. Rangeland Commission, after examining the reasoned report of the Municipality, gave a "Positive" opinion again on the change of purpose of allocation. However, the Ministry did not approve of the decision and the rangeland area was not allocated to Samsun Metropolitan Municipality.

 

Keywords: Plant cover, urban planning, rangeland condition, rangeland law, real estate law

 

dergipark.org.tr/tr/download/article-file/2671394

 

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Uploaded on May 30, 2023