Tez özetleri Astronomi ve Uzay Bilimleri Anabilim Dalı

An Investıgatıon, In Terms Of Cıvıl Procedural Law Of The Law Suıts On Objectıng Forest Land Survey

It is obliged to complete forest land survey, marking their boundary on the map and finding a sound solution of legal conflicts emerge from such issues, in order to manage rich forest resources of the Turkey in a sustainable and economical manner.

For this purpose, the first Forest Code of 1937, No: 3116 was enacted in 1937. This law provisioned that forest land survey was to be completed within a ten year time period by establishing a particular forest land survey commission. But in practice, such a target was not reached at time period, until 1956, of the said law was in effective. In 1945 another law relevant to forests was enacted. By this law all forests other than state ones were nationalised without any prior notice. This law also altered legal definition of the forest resoruces. In 1950, another law relevant to the nationalisation of the forests was enacted for the purpose of giving some of them back to former owners. In 1953, the law of 1950, No:5653 was enacted excluding areas covered by maquis from forest definition and do did from forest boundary. Having formed a special Commission called macquies separation Commission, all areas covered by macquies were separated from forestlands and some of them distibuted to farmers by conveying ownership rights to the said people issueing special deeds.

A new Forest Code of 1956, No: 6831 was enacted in 1956 by considering a new approach to forests and forestry. Article 2 of the forest code was altered in 1973 by enacting another law, No: 1744. Such an alteration authorized forest land survey Commission to draw forest boundary. The same law, for the first time in Turkish forestry, has brought a new concept that areas whose preservation as forests is considered technically and scientifically useless, but whose conversion into agricultural land has been found to be definitely advantageous, and in respect of fields, vineyards, orchards, olive groves or similar areas which technically and scientifically ceased to be forest before 15 October 1961 might be taken out of forest boundary. The same law provisioned excluding some areas whose preservation as forests is considered technically and scientifically useless, from forest boundary. Therefore, the obligations of the forest land survey commissions have become more and more difficult and time consuming. Then, those Commissions has shifted their work Schedule from forest land surveys to taken out of some areas whose preservation as forests is considered technically and scientifically useless, from forest boundary.

To accelerate general land survey, general land survey law of 1987, No: 3402 was enacted in 1987 and article 4 of the law authorized to general land survey Commission to complete forest cadastre when forested lands are found into the boundary of their work areas.

The Law of Pasture of 1998, No: 4342 was put into practice in 1998 aiming of compleiting land survey of the pastures, summer meadows, grasslands and winter quarters.

In Turkey, problems relevant to ownership structure, which is the most important reason for conflicts arise, have not been solved sof ar and several law suits have been brought in front of the courts. Beyond that alterations made in legislation frequently, are another reason for the increment in the number of lawsuits and disputes.

Law suits filed as a petition on oppositing to the forest limitations are called “Suits of Objection to the Forest Limitations”. Forestry Authority, real persons and legal entities have rights to file a petition in the court by either being plaintiff or defendant depending upon the circumstances they are in. All parties have a particular time period to file a petition and such a limited time period is called annihilating period.

According to the Foret Code of 1956, No: 6831, law suits of Objection to the Forest Limitations could be brought to The Cadastral Court, and at the Basic Civil Court if the county does not have any Cadastral Court. Each party has a ten year time period if the land title deed belong the a private person.

Since law suits of Objection to the Forest Limitations are about to immovable goods, authorized court for this law suit is the Cadastral Court placed in the same territory.

After inspection of the areas in conflicts conducted by expert foresters selected by the Court and investigating all evidences, the authorized Court may decide whether the area is a forestland or not. According to Forest Law-6831 and Cadastral Law-3402, the trial is examined by special procedure pursued by the Cadastral Court.

Public entities authorised to conduct forest limitation should be reorganized and united under a particular institution and all ownership problems shoul be solved. Work loads of the Judicial systems and court should be diminished and problems relevant to the Procedural Law must be solved.