An Examination of Applications of the Land Which Taken out of the
Forest Regime in Terms of Forest Policy For the protection of forests, the law-maker has brought new regulations in order to set balance between forest-public relations within the historical process. However, the regulation introduced has remained and still remains incapable. Istanbul is first place that measure is required to be taken on the subject of protection of existence of forest and vegetation cover and providing their safety. There are so many reasons for this. Rapid population growth and unhealthy urbanization are the leading reasons.
Main aims of this thesis study are as follows: (1) to analyse the cadastral works carried out on processes of taking out of forest boundary in terms of forestry engineering, (2) to examine the compliance of these works with the purposes foreseen in terms of legislation, (3) to determine problems on these works from the point of view of cadastre teams, forest administrations and forest villagers and (4) to discuss the results that may arise from the implementations of taking out of forest boundaries in terms of forestry of our country.
Within the framework of these purposes, the city of Istanbul has been selected as the area of study. However, as it will not be possible to handle and evaluate all areas taken out of forest boundaries in Istanbul, in terms of time and workableness, it has been deemed appropriate to select a sample area on a local scale. As the forest resources are an important area in terms of forest public relations and the implementations of taking out of forest have been made until this time in the locality and also the examiner works at Şile Forestry Operation Directorate (ŞFOD), in Istanbul City, Şile District, the villages of Ahmetli, İmrendere, Karamendere, Korucuköy and Ovacık were selected as sample areas in terms of 2/B implementations of taking out of forest. Furthermore, as the inhabitants of Darlık Village were forced to move to another place due to Darlık Dam, and the present residential area is within the boundaries of forest and the problems regarding the residential area of this village has not been solved for about 30 years, Darlık Village was selected as sample area in terms of 2/A implementation.
This study has been conducted in a five-stage process. In the first stage, the study-related literature and document were obtained and evaluated. In the second stage, the Forest Law Numbered 6831 and other laws amending the mentioned law were separately examined chronologically with respect to the process of taking out of forest boundaries, in the field of study. According to these laws, the areas taken out of forest boundaries with Article 2 and 2/B implementations were evaluated on the basis of districts and forestry operation directorates in Istanbul. In the third stage, in Istanbul Şile District, in Ahmetli Village 8, in İmrendere Village 7, in Karamandere Village 4, in Korucu Village and in Ovacık Village 8 parcels of land were studied on. So, all sample areas selected in the field of study were examined. So, it was tried to put forward the problems encountered in relation with 2/B implementations. In the fourth stage, due to the forced migration of Darlık Village from its old settlement to another place and as a part of its current settlement is within the forest boundaries, in 2/A implementations, Darlık Village were handled in our study in order to find a solution to the problem about the settlement of the Village. In the fifth stage, a questionnaire study was applied to 2/B land users and employees of forestry organization in order to find out their opinions on 2/B implementations. In this way, it was tried to put forward the points of view of the two opposite fractions in the 2/B implementations. Also, face-to-face interviews were made with people living in the village that 2/A is planned to be implemented and it was tried to determine the ideas of the villagers on solving the problem. The data obtained on land were evaluated in the office and thesis text was created after discussing with the support of the related literature data.
The study consists of 6 chapters including references. The first chapter consists of “introduction” part. In the second chapter “general information”, the definitions the terms cadastre and property ownership and the determination of forest areas and legal and lawful process in implementations of taking out of forest areas are tried to be generally introduced. In the third chapter “material and method” , information about which materials were used in the study, how they were obtained and which methods were used in the study are given. In the fourth chapter “findings”, substantial information from studies carried out on 2/B and 2/A implementations are presented and within this context the place of the study within the literature has been tried to be determined. In the fifth chapter “conclusion”, the generated results and our shaped recommendations are available.
As a result of the study, when different 2/B implementations with Laws numbered 1744, 2896 and 3302 were evaluated with the implementations of the final and definite Law numbered 58331, it was determined that significant technical errors occurred during the placement of boundary stones on the area of study and plotting on the map, some of the lands, which were made subject of implementations, did not lost their forest characteristics in technical and scientific terms and did not comply with the criteria provided in the relevant legislation. It was understood that a significant part of the areas subject to 2/B were already non-forest private-registered lands with owners, these lands that were being used as farm land even at the time when the forest cadastre was made and even these private registered lands were taken into the forest restriction boundaries and as no objection was made within the given time, this situation became definite. It has been determined that such places are being taken out of forest boundaries with 2/B implementation and the improper transactions are being corrected in this way.