ARTICLESFOREST CADASTRE AND LAW NUMBER 6183 ARTICLE 2/B

26 March 2020

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WHAT IS FOREST CADASTRE?

Cadastral procedures that determine the common boundaries of the state, public legal entities or private forests and all kinds of immovable property belonging to these forests are called forest cadastre. With the forest cadastre, forest boundaries are determined and shown on a cadastral map. In forest cadastre studies, after the forest boundaries are determined by the cadastral commissions, a map of this place is prepared. With the map, forest and non-forest parts and places taken out of the forest are identified and shown in a certain way.

WHAT IS A FOREST LEGALLY?

Forest Law No. 6181 Article 1 – “Tree and shrub communities that grow naturally or grow by labor are considered forests together with their places.” However, even if there is no vegetation on a place, if the soil of that place has forest quality, that place will be called a forest. The determination of whether it is a forest or not occurs as a result of cadastral studies. In places where a forest cadastre has not been carried out, it is decided whether a place is a forest or not, based on the previously determined forest boundaries.

PLACES THAT ARE NOT LEGALLY CONSIDERED FOREST

Forest Law No. 6181 Article 1 continued; However :

A) Reeds;

B) Places covered with steppe plants;
C) All kinds of thorns;
C) Parks;
D) (Amended: 23/9/1983 – 2896/1 art.) Places covered with trees and groves in old (ancient) cemeteries located within the borders of city cemeteries and towns and villages,
E) Places where trees and shrubs that do not grow naturally in owned land and in the surrounding forests are found;
F) (Amended: 22/5/1987 – 3373/1 art.) Scattered or in clusters and rows, located within or adjacent to the forest borders, within or adjacent to the forest borders, in private ownership with all kinds of savings documents outside the forest borders, and used as agricultural land. Places covered with all kinds of trees and shrubs,

G) (Amended: 22/5/1987 – 3373/1 art.) Places outside the forest boundaries and covered with all kinds of trees and shrubs on owned land with a surface area not exceeding three hectares,

H) (Amended: 5/11/2003-4999/1 art.) Those that are registered within or adjacent to the forest borders, or are privately owned with all kinds of savings documents outside the forest borders, and that have been grown or will be grown according to the characteristics of the environment (…) (1) All kinds of fruit-bearing trees and shrubs, including pistachio pines and acorn oaks,

İ) (Amended: 23/9/1983 – 2896/1 art.) Grafted and ungrafted olive groves on owned land, wild olive groves that have been separated from State Forests in accordance with the special law and whose zoning, improvement and assignment conditions have been met and dated 9/7/1956. and wild or grafted pistachios, gums and carobs specified in Law No. 6777,

J) Forests covered with heather or maquis and places that do not have a soil conservation character are not considered forests.

CLASSIFICATION OF PLACES LEGALLY CONSIDERED FOREST

Forest Law No. 6183 Article 4 – Forests are subject to ownership and management.

A) State forests;

B) Forests belonging to public institutions with legal personality;

C) Private forests;
In terms of qualifications and character:

A) Conservation forests;

B) National parks;

C) Production forests; It is divided into:

FOREST CADASTRE

Forest Law No. 6183 Article 7 – Forests that were previously delimited with state forests but remained outside the forest boundaries even though they were forests during the delimitation, forests belonging to public institutions with legal personality, private forests, forest cadastre and all kinds of immovable properties within and adjacent to these forests. The determination and determination of common borders with forests and the correction of technical errors detected in places where the cadastre has been finalized regarding the applications of Article 2 are carried out by forest cadastral commissions. However, in places where forest cadastre has not started yet, the forest border determined in accordance with the provisions of the Cadastral Law No. 3402 is determined by the forest cadastral commission. It becomes a designated forest boundary.

The applications of paragraph (B) of Article 2 to be carried out by forest cadastre commissions in the cadastre of forests and State forests are ex officio, applications of paragraph (A) of Article 2 are carried out free of charge upon the evaluation of the application and the approval of the Ministry, in the case of public institutions with legal personality and in private forests, applications (B) of Article 2 are carried out free of charge. ) Clause applications are made upon the application of the owners of these forests and in return for a fee. Forest cadastral commissions are chaired by a forestry engineer or forest engineer to be appointed by the General Directorate of Forestry, a forestry engineer or forestry engineer, or in their absence, a forestry technician, an agricultural engineer or agricultural engineer, or, in their absence, an agricultural technician, a member of staff to be notified by the local chambers of agriculture. It consists of a chairman and four members, including a representative to be notified by the municipal council in towns and by the headman in neighborhoods and villages.

OBJECTION TO FOREST CADASTRE

Forest Law No. 6183 Article 11 – The minutes and maps prepared regarding the decisions taken by the forest cadastral commissions are posted and announced for thirty days. This announcement has the effect of a personal notification to the relevant parties. Those who object to the minutes and maps;Within thirty days from the date of suspension, they can file a lawsuit in the cadastral courts, or in the courts responsible for hearing cadastral cases in places where there is no cadastral court. After the announcement period has passed, the minutes and maps prepared for the decisions for which no lawsuit has been filed become final. After ten years have passed from the date on which the reports and maps prepared by the forest cadastre commissions are finalized, no objections or lawsuits can be filed, except for the Treasury, based on legal reasons before the cadastre.

The General Directorate of Forestry is the opponent in cases of objection to the limitation filed by natural and legal persons who have rights; According to Article 2, the opponent in the objection cases to be filed against removal procedures outside the forest boundaries is the General Directorate of Treasury and Forestry. In the cases to be filed by the General Directorate of Forestry, the opponent is the rightful real and legal persons.

WHAT IS 2/B LEGALLY?

After the forest boundaries are determined by the cadastral commissions, a map of this place is prepared. With the map, forest and non-forest parts and places taken out of the forest are identified and shown in a specific way. In forest maps; Places that are forests are green, places that are not forests are yellow, Areas included in Article 2/B are colored red, and areas excluded are colored yellow. Corrections can be made on maps that are found to be incorrect. The process of removing forest areas from forest boundaries to be used for other purposes is simply called “2/B” application. The legal basis of “2/B” is Articles 169 and 170 of the Constitution and Article 2/B paragraph of Law No. 6831.

Provision of Article 2 Paragraph B of the Forest Law No. 6183‘’ From places considered forest:

B) From places that have completely lost their forest quality in terms of science and science before 31/12/1981; Various agricultural areas such as fields, vineyards, gardens, orchards, olive groves, hazelnut groves, pistachio groves (pistachios, pine nuts) or lands that are found to be useful for animal husbandry such as pastures, winter pastures, summer pastures, and residential areas where city, town and village structures are located. , It is taken out of the forest boundaries. If these places belong to the State, they are taken out of the forest borders on behalf of the Treasury; if they belong to public institutions with legal personality, they are taken out of the forest borders on behalf of these institutions; and if they are private forests, they are taken out of the forest borders on behalf of their owners.After the application is finalized, the final correction and registration process is carried out in the land registry. Except for these places, no narrowing can be made in the forest borders in any way.

Article 169 of the Constitution:… “Places where there is no scientific and scientific benefit in preserving them as forests, on the contrary, it is determined that there is a definite benefit in converting them into agricultural areas, and fields, vineyards, orchards and olive groves that have completely lost their forest quality in terms of science and science before 31.12.1981.” “No narrowing of forest boundaries can be made except for lands that are determined to be useful for use in various agricultural areas or animal husbandry, such as areas where city, town and village structures are located.”

Article 170 of the Constitution: “Evaluation of places that have completely lost their forest status in terms of science and science before 31.12.1981; Identifying places that are not deemed beneficial to preserve as forests in terms of science and science and removing them from forest boundaries; “The restoration of these places by the State and their allocation for the benefit of these people in order to partially or completely resettle the people of the villages within the forest to these places is regulated by law.”

The conditions of the lands that can be classified as 2/B land according to the law have been determined in advance. These conditions are as follows; 2/B in places where there is no benefit in remaining as forest land, on the contrary, it is determined that it is beneficial to be agricultural land, in places that have lost their forest characteristics before 1981, such as fields, vineyards, gardens, olive groves, citrus areas, orchards, or in places where there is no harm in using them for animal husbandry. becomes important.

6183 SY. WHO CAN BUY LANDS TAKEN OUT OF FOREST IN ACCORDANCE WITH ARTICLE 2/B?

On January 15, 2009, articles 7, 9, 45 of the Forest Law No. 6831, which regulate cadastral works, were amended with the “Law on amendments to the Land Registry Law No. 5831 and some laws” and an Additional Article-10 was introduced. Thus, the necessary infrastructure for the sale of 2/B lands was created. On April 19, 2012, the law numbered 6292 was enacted: “Law on supporting the development of forest villagers and evaluating the places taken out of the forest borders on behalf of the treasury and the sale of agricultural lands belonging to the treasury.” 6183 SY. Article 2/ To purchase B lands, some conditions must be taken into account. Some of them are as follows: Being a user or owner of the land before 2011, In order to purchase these lands, it is necessary to apply to the administration and accept the sales price determined by the administration.

Written by: Av.Ş.İrem TANDOĞAR EKİNCİ