İMAR HUKUKUNDA MÜCAVİR ALAN KAVRAMI

The paper examines how the concept of 'Adjacent Areas' has been introduced Received : 24.7.1992 (1956) into the city planning legislation in Turkey, with the Development (İmar) decades and then finally replaced ın 1982 by the new Law 3194. The concept of'Adjacent Areas', in both Law6785 and Law 3194 were to provide a legal instrument for municipalities to control development activities beyond their municipal boundaries. However, there are important differences between the statements and scopes of the concept as defıned in these Lavvs. Since Law 6785 was primarily related to the settled areas within the municipal boundaries, the article concerning with the 'Adjacent Areas' was to provide municipal authorities the legal powers in these areas just beyond their administrative boundaries. As in many of the larger cities, suburbanization increased after 1960s in Turkey, and Law 6785 was amended by Law 1605 in 1972, and through regulatory codes during the following years. Thus, there has been a shift in the meaning of 'Adjacent Areas'. This shift vvithin the scope of Law 3194, was from development problems to financial and govermental aspects as compared to the previous Law 6785/1605. Although the new Law 3194 envisaged that areas within the municipal boundaries, as well as the 'Adjacent Areas' should be considered as the target of Law, the right and responsibility to control developments in areas outside the 'Adjacent Areas' are given to the provincial authorities. The concept of 'Adjacent Areas', is not referred only in the above stated laws, but also in other laws such as the Municipal Income Law numbered 2464, amended in 1981; the Real Estate Tax Law and the Village Law vvith their amendments and bylavvs. Together with others, these Lavvs authorizcd municipal governmems to collect municipal taxes including the real estate tax from citizens living in the 'Adjacent Areas' vvith no specific obligation to provide these areas with municipal public services. Since the existing Constitution differentiates *village\ 'municipality' and 'province' as three forms of local government, it can be asserted that the discretionary acts of the municipalities in areas beyond their administrative boundaries cannot be fully justified. A redefinition of the concept of 'Adjacent Areas' has therefore becomc a necessity in order to cope vvith the complex urban redevelopment problems. Law 3194 should be critically revised and its relations vvith other Lavvs and especially vvith the Constitution should be rearranged in order to maintain a consistent legal framevvork.