The Amendment on the “Land Consolidation and On-farm Development Services Implementation Regulation” drawn by the Ministry of Agriculture and Forestry was published in the Official Gazette dated 21.01.2021 and numbered 31379 entered into force.
According to last changes, Legal entities or public institutions such as village legal entities, municipalities, cooperatives, unions can request consolidation by applying with their justification statements. If the justification report is deemed sufficient, the written consent of the land owners or their legal heirs who own more than 50 percent of the land in terms of area within the project area will be obtained for the optional land consolidation projects.
In order to avoid delaying in the implementation, the type of plant production and the area will be determined and recorded by the General Directorate of State Hydraulic Works (DSI) or the project administration, with the participation of the farmers, in the area to be consolidated.
This decision, with its justifications, will be announced on the website of DSI or the project administration and in the headman’s office, the village mansion, one of the mosques and the district governor’s office where the field is located. The implementation of the land consolidation project will be announced at least 30 days before the local planting season with the same methods.
Will income losses be compensated?
Income losses that may arise due to the damage to be inflicted on the crops in the restricted areas due to land consolidation and the areas that got harmed and cannot be cultivated for the following years until new parcels are delivered to the immovable owners, will be compensated by the DSI or the project administration, which carries out the Project. However, in areas allocated to the common use of the public such as canals, roads and pastures in the Land Registry or in areas where the owner is not known, no loss of income or no damage will be paid.
If possible, places that require legal actions, such as poles and transformer places, resting and storage pools from the facilities, will be registered in the name of the Treasury. Otherwise, it will be nationalized by the relevant institution.
So what are the procedural changes?
For changes to be made in obligatory cases such as court decisions and administrative errors in areas where land consolidation has been completed and registered, necessary arrangements will be made with the approval of DSI or the project administration, and the technical file will be prepared and sent to the cadastre directorate regarding the new situation as a result of the implementation and an extra Presidential Decree will not be sought anymore.
