In Türkiye, land readjustment (LR) has become the primary implementation tool for spatial plans due to recent legislative changes. These revisions have brought new debates, some of which have been suspended by legal decisions before their effectiveness could be fully understood. This study discusses the allocation for expropriation approach implemented for the first time during land readjustment, which was introduced with the legislative changes in 2019–2020. In this approach, public service areas above the legal allowable deduction limit are allocated based on their spatial location to the landowners for expropriation. However, this approach has become unenforceable due to the decision of the Sixth Chamber of the Council of State on June 8, 2021 (E: 2020/5904). As a result, it is unclear how the allocation for expropriation will be carried out in LR projects. This study examines the allocation for expropriation approach in LR, which was recently suspended by a judicial decision. The study uses case study research to examine the potential consequences of allocation for expropriation practice. As the main results of the study indicate, there are uncertainties in determining the function to be expropriated in the allocation for expropriation approach, such as the existence of more than one of the same functions or the existence of different public service areas within the same main function. It is concluded that these uncertainties will lead to new uncertainties, such as which owners' properties will be subject to expropriation or which institutions will bear the burden of expropriation. In addition, in cases where the function to be allocated for expropriation overlaps with more than a certain proportion of the immovable property, the design of the application does not ensure the accuracy of the calculation and is contrary to the existing legislation and court decisions. In accordance with these results, it is discussed that a new implementation design should be made to improve the financing structure of the land readjustment instead of the methods that have been tried before but have caused many problems.
Yılmaz ve Yılmaz (2024) makalesinde, yazarlar tarafından Eşitlik (2)’nin eksik yazıldığı tespit edilerek hatanın giderilmesi amacıyla bu düzeltme metni sunulmuştur. Söz konusu düzeltme eşitliğin yazımına ilişkin olup eşitliğin sonucu olarak verilen değeri ve makalede yer alan hesaplamaları, sonuçları ya da değerlendirmeleri etkilememektedir.