Evaluation Of Free Abandonment Practices In The Management Of Immovables Belonging To Municipalities: The Case Of Mengen Municipality

Various zoning plan implementation tools are used by municipalities within the scope of Zoning Laws and regulations. During the implementation phase of the zoning plans, in addition to the creation of residential areas, various social reinforcement areas should be created in order to ensure healthy and orderly urbanization. Municipalities need real estate in order to perform the public services they are responsible for, and use various methods of acquiring real estate unique to them in order to acquire this real estate and implement zoning plans. However, due to the fact that the aforementioned methods of acquiring real estate cannot be applied for various reasons, the practice of abandonment has emerged as a result of the search for different methods by municipalities and real estate owners. In the study, the application of abandonment is considered from the point of view of the real estate owners and municipalities who make abandonment. In addition, the process experienced through the example of a lawsuit filed with the Municipality of Mengen regarding the return of free abandoned areas at the request of the owners was examined. In particular, the problems that occur when Decoupling practices made in the past are subjected to land and land regulation later were examined through sample zoning application in the research part of the study. Since the fact that a large part of the zoning parcels formed as a result of bankruptcy or free abandonment before implementation were constructed, caused them to become shareholders with real estate belonging to the municipality or treasury due to the additional DOP deduction made from these parcels during implementation, the use of real estate belonging to public administrations in this way is considered the most appropriate solution for the owners, but the result is that there is a negative situation that causes the fragmentation of real estate belonging to public administrations.