Comparison of expropriation and land consolidation on the regulation of agricultural land

1.1. Status of Agricultural Lands in Our Country

As it is well known, modern agricultural techniques and methods must be utilized to benefit from agricultural enterprises at the highest level. These agricultural enterprises need to be at an adequate size for the implementation of modern methods in an easy manner and with the least effort [1]. Turkey is dominated by an agricultural structure in which small family enterprises based on private ownership prevail [2]. These enterprises are also scattered and have irregular structures geometrically [3]. Not only is the majority of the agricultural enterprises in Turkey not at an adequate size, their agricultural lands have also been fragmented and they have become impossible to cultivate productively. The distortions observed in the agricultural structure due to fragmentation and disarray have a negative effect on the produce, make taking productive measures difficult, lead to the increase in costs, transportation problems, loss of time and prevents the parcels from using infrastructure facilities. As a result of all of these, the desired product increase cannot be achieved [3] [4]. Moreover, as the shapes of the parcels affect agricultural mechanization and in-parcel irrigation directly, more labor and material will be needed for the irrigation of a parcel which is not of an appropriate shape regardless of the method. This will also raise the production costs [5]. The most important reasons of land fragmentation include fragmentations through inheritance and succession, fragmentation through share division and distribution, expropriations carried out for various purposes [6]. With the entry into force of the Law numbered 6537 amending the Law of Soil Protection and Land Usage numbered.5403, fragmentation through inheritance and succession, and sales via share division and distribution have been aimed to prevented. However, due to expropriation which is the primary method applied in the procurement of the land required for public investments, fragmentation cannot be prevented [7].

1.2. Expropriation

Significant infrastructure investments are made every year within the scope of the development strategies to improve the rural and urban population’s standard of life. For the realization of public projects, the required immovable properties must be either public properties or expropriated. Due to these investments made for public interest, expropriation of immovable properties belonging to private and legal persons, such as plots and lands, comes into question [8] [9]. The expropriation activities which has started in our country with the Public Expropriation Decree of 1925 were continued with various regulations made until 1983. The expropriation activities after this date are carried out in line with the Expropriation Law numbered 2942, which is amended by law numberd 4650, introduced in 1983 according to the 46th article of Turkish Constitution. With the 46th article of the Constitution, relevant government institutions have been authorized to exact compulsorily private properties regardless of the consent of their owners when required by the public services and interests [10]. Expropriation emerges as a result of the obligation to fulfill public services aimed towards meeting public requirements in all societies where private ownership is recognized. “Expropriation” which is a constitutional restriction imposed upon the right of property is a method to acquire property which is used by the government to obtain the immovable property of private/legal persons with the aim of fulfilling public services [11] [12]. It is also possible to define the expropriation process, which can be considered as one of the land management implementations, as the transfer of immovable property from the ownership of private and legal persons to the state [13].

Comparison of Expropriation and Land Consolidation on … / Sigma J Eng & Nat Sci 34 (1), 43-55, 2016

The most highlighted aspects of expropriation, which means the imposition of restrictions on private ownership by the government unilaterally, have been the public interest constituting the objective element of expropriation, the phases of expropriation and the cost of expropriation. Imposition of restriction to the right of property which is considered as a fundamental right is also very controversial [14]. However, the effects of expropriation on agricultural land have not been elaborated on. Land routes, drainage channels, irrigation networks are constructed according to the topography of the land. The ownership status of the land is generally disregarded in the scope of expropriation projects. The expropriation routes create shapeless and small parcels which are not convenient for agriculture as they divide cadastral parcels medially [15]. Whether agricultural activities can be carried out in shapeless and small parcels, which are formed as a result of expropriation in immovable properties which have been subjected to expropriation conducted due to public investments, is not dwelled on. Thus, to both save on the substantial expropriation costs in large-scale projects and to prevent the fragmentations to occur due to expropriation, the below clause has been added to the 3rd article of the Act no. 5403 with the Act no. 5578 and “Legal persons or public institutions such as village legal entities, municipalities, cooperatives, associations” have been authorized to carry out private land consolidation “in a manner which covers the land procurement related to service issues”.

1.3. Land Consolidation

Various applications are included within the land and agricultural reform of many countries to improve the agricultural structure. Land consolidation is among these applications [16] [17]. Land consolidation which has become a tool contributing to the development of rural areas in all over the world has become an increasingly widespread implementation area in our country in recent years [18]. Land consolidation is an important approach to increase the activity of land use, area and quality of the cultivated land and to improve rural standards of life and working conditions [19]. Land consolidation can be defined in various ways due to its scope. In the strict sense, land consolidation is defined as the merger of fragmented properties without the inclusion of infrastructure works. In broad terms, however, consolidation covers irrigation, drainage, transportation, soil-water protection measures and various services required by rural settlements as well as the merger of fragmented properties [20]. By means of the infrastructure investments made to rural areas with land consolidation projects, a new and permanent appearance are added as the shapes of the parcels, transportation to parcels and topographical structure of the parcels are improved upon consolidation. In addition, fragmentations caused by physical facilities which belong to the state such as irrigation canals, drainage canals, land routes, railways are eliminated [17] [18]. Through land consolidation, a decrease in the number of parcels of the agricultural enterprises, an increase in the average parcel size, a decrease in the land cultivation duration, preparation duration, duration of the transportation to the land and the total working duration occur. Furthermore, a substantial increase in the road network is observed with the newly-opened roads in the implementation units. With the adding of road facades to each parcel, making disputed shares independent by division if the situation allows, and the transfer of the inheritance shares to independent parcels contribute to social peace [21]. Land consolidation applications do not have agricultural advantages only. In these applications, the land registry and cadastre information of all the parcels within the application area is renewed and, hence, considered as second cadastre [22]. The cadastre activities carried out in our country have been conducted with different purposes, by different teams at different times, on different bases and in different point accuracy for each point on cadastral bases [23]. It would not be accurate to expect the same point accuracy from some cadastral bases whose cadastral

T. Boztoprak, O. Demir, Y.E. Çoruhlu / Sigma J Eng & Nat Sci 34 (1), 43-55, 2016

works were carried out with the graphical method and some cadastral bases whose cadastral works were carried out with the digital method [24]. In addition, the extent of the cadastre’s accuracy is debatable when the detections, which are not carried out based on documents in the identification of land ownership in particularly the establishment cadastre works, are taken into consideration. The problems in ownership identification and the cadastral bases whose cadastral works were produced with relatively old methods compared to modern methods still exist [25]. It is quite difficult to keep all these differences with the same expectations under a single system. Therefore, the development of the scope and content of the cadastre becomes mandatory as well as its completion throughout the country. The renewal works of the cadastre in this type of areas are continued at an extremely rapid pace. However, the question of whether the same renewal activity is necessary for the study areas whose cadastre was carried out with methods which require no renewal must not be disregarded along with the existence of this type of areas whose cadastre must be renewed [23]. In other words, renewable studies must be carried out if it is needed and must not be carried out if it is not after the relevant analyses and investigations are conducted [26]. All these process will, of course, have a material aspect. A part of this material aspect is recovered after the cadastre renewal works, through the alterations to be made. As is emphasized in Cadastre 2014, the cost recovery process must be analyzed for these works [27] [28]. The cost recovery process is experienced in cadastre works. This process is considered as an operation which is very fast in areas where the demand-dependent operations after the cadastre are experienced densely and in which the reflection of the gain in recovery to the state is high. The allocation and renewal works of the cadastre are now carried out by the cadastre institution only. However, the labor force of the private sector is utilized in the realization of some activities. This opens new lines of business to the sector and contributes to the development of the private sector [24] [25]. The correction of the errors originating from land registry and cadastre during and after the establishment cadastre in parcels included within the scope of these land consolidation projects’ application areas must be corrected through these amendments to be made in legislation. Thus, the progress of the projects in a healthier manner and the correction of the errors which have continued increasingly over the years shall be provided. In addition, savings shall be made from the time and budget required by the second cadastre [22]. With the completion of the cadastre works, the bases of many subsidiary lines of businesses from tax to expropriation, from large-scale engineering projects to the management of agricultural lands and construction applications will be operationalized in a reliable manner [29]. The e-government system becomes established in parallel with the developments in Turkey and activities are now carried out over these systems [30]. Through the land consolidation application, cadastral bases in the application area are renewed and produced digitally. As a result, land registry and cadastre data formats which are compatible with the Land Registry and Cadastre Information System (LRCIS in Turkish TAKBİS) conducted by the General Directorate of Land Registry and Cadastre (GDLRC in Turkish TKGM), and are readily available to other institutions are prepared. Thus, opportunities are provided for the realization of activities for modeling within these systems including to the institutions carrying out positional works [31]. The parceling status which occurred after consolidation in three units within the Kayseri Province Develi Country land consolidation project application field and the change in the number of parcels, the average parcel size and the distribution of parcel shapes to occur in the case of expropriation without consolidation have been investigated in this study.

3.1. Findings and Discussion on the Number of Parcels

When the Cadastral Status (CS) of the parcels included in the land consolidation application area in the three units analyzed within the study is examined, a total of 2463 cadastral parcels as 817 in the Gazi District, 1205 in the Zile District and 441 in the Güneyaşağı District are within the application site. While an increase of 13.07% in the total number of parcels, 1.41% in the Zile District, 16.03% in the Gazi District and 39.46% in the Güneyaşağı District would occur in the case of expropriation in network routes, a decrease of 28.75% in the total number of parcels, 13.59% in the Gazi District, 41.99% in the Zile District and 20.63% in the Güneyaşağı District occurred through land consolidation (Table 1). Table 1. Number of Parcels Unit

Cadastral Status (CS) After Expropriation Status (AES) After Land Consolidation Status (ALCS) Cadastral Status (CS) Zile After Expropriation Status (AES) After Land consolidation Status (ALCS) Cadastral Status (CS) Güneyaşağı After Expropriation Status (AES) After Land consolidation Status (ALCS) Cadastral Status (CS) Total After Expropriation Status (AES) After Land consolidation Status (ALCS) Gazi

When the comparison of parcel numbers to parcel sizes is examined, while the ratio of the parcels whose areas are smaller than 5 decares (5 da) was 47.10%, this ratio would rise to 52.82% after expropriation. However, this ratio fell to 34.64% through the land consolidation project. In addition, while the ratio of the parcels with areas bigger than 20 decares was 9.95%, this would fall to 7.72% after expropriation. However, this ratio rose to 14.87% through land consolidation. While an increase of 8.79% in the Gazi District, 2.41% in the Zile District and 16.20% in the Güneyaşağı District would occur in the number of parcels with areas smaller than 5 decares in the case of the expropriation of network routes, a decrease of 619% in the Gazi District, 20.88% in the Zile District and 0.32% in the Güneyaşağı District occurred through land consolidation. While a decrease of 0.64% in the Gazi District, 0.71% in the Zile District and 14.45% in the Güneyaşağı District would occur in the number of parcels with areas bigger than 20 decares in

T. Boztoprak, O. Demir, Y.E. Çoruhlu / Sigma J Eng & Nat Sci 34 (1), 43-55, 2016

the case of expropriation, an increase of 1.07% in the Gazi District, 6.66% in the Zile District and 6.15% in the Güneyaşağı District occurred as a result of land consolidation (Figure 5).

3.2. Findings on the Average Parcel Size

While the average size of the parcels in the three units analyzed within the study would become 7.50 decares by decreasing at the rate of 14.29% as a result of expropriation when it was

8.75. decares, this ratio rose to 11.72 decares by increasing at the rate of 33.94%.

While the average parcel size would fall by 14.71% in the Gazi District, 3.34% in the Zile District and 31.87% in the Güneyaşağı District in the case of the expropriation of network routes, an increase of 10.37% in the Gazi District, 65.72% in the Zile District and 19.51% in the Güneyaşağı District occurred through land consolidation (Table 2). While the average parcel size of the parcels with areas smaller than 5 decares was 2.42 decares, this rose to 2.79 decares through land consolidation even though it would fall to 2.35 decares after expropriation. In addition, while the average parcel size of the parcels with areas bigger than 20 decares was 35.23 decares, this rose 38.42 decares through land consolidation even though it would fall to 32.80 decares after expropriation.

Comparison of Expropriation and Land Consolidation on … / Sigma J Eng & Nat Sci 34 (1), 43-55, 2016

Table 2. Comparison According to the Average Parcel Size Unit

CS Gazi AES ALCS CS Zile AES ALCS CS Güneyaşağı AES ALCS CS Total AES ALCS

Smallest Parcel Area (da) 0.12 0.04 0.32 0.10 0.04 0.23 0.24 0.32 0.24

While a decrease of 12.84% in the Gazi District, an increase of 8.53% in the Zile District and a decrease of 21.99% in the Güneyaşağı District would occur in the average parcel size of the parcels with areas smaller than 5 da in the case of the expropriation of the network routes, a decrease of 0.69 in the Gazi District, an increase of 28.86% in the Zile District and a decrease of 11.93% in the Güneyaşağı District occurred through land consolidation. While a decrease of 9.17% in the Gazi District, an increase of 2.33% in the Zile District and a decrease of 8.90% in the Güneyaşağı District would occur in the average parcel size of the parcels with areas bigger than 20 in the case of the expropriation of the network routes, a decrease of 12.02% in the Gazi District, an increase of 16.28% in the Zile District and a decrease of 13.08% in the Güneyaşağı District occurred through land consolidation (Table 3). Table 3. Distribution of the average parcel size Unit

0.01-5.00 da Av. Size Change (da) (%) 3.05 2.65 -12.84 3.02 -0.69 2.05 2.22 8.53 2.64 28.86 2.59 2.02 -21.99 2.28 -11.93 2.42 2.35 -2.70 2.79 15.39

5.01-20.00 da Av. Size Change (da) (%) 8.48 8.34 -1.64 8.88 4.72 9.55 9.45 -1.04 10.25 7.39 11.98 11.23 -6.24 12.54 4.65 7.08 7.04 -0.62 7.14 0.78

20.01. da>

Av. Size Change (da) (%) 31.77 28.86 -9.17 27.96 -12.02 28.71 29.38 2.33 33.38 16.28 37.41 34.08 -8.90 42.31 13.08 35.23 32.80 -6.91 38.42 9.05

T. Boztoprak, O. Demir, Y.E. Çoruhlu / Sigma J Eng & Nat Sci 34 (1), 43-55, 2016

3.3. Findings on Parcel Shapes

While the ratio of the rectangular-square shaped parcels, which is the most suitable shape for agricultural activities in the three units analyzed in this study, would become 51.86% after expropriation even though it was originally 65.42%, this ratio rises to 85.61% through land consolidation. While a decrease of 14.22% in the Gazi District, 6.45% in the Zile District and 17.09% in the Güneyaşağı District would occur in the ratio of the rectangular-square shaped parcels in the case of the expropriation of network routes, an increase of 8.29% in the Gazi District, 24.80% in the Zile District and 37.11% in the Güneyaşağı District occurs through land consolidation (Figure 6).