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Title
New perspectives to save cultural heritage
Author
Altan, M. Orhan

599
TRANSFORMING OF HISTORICAL REAL ESTATE ENTITIES’S PROPERTY
TO PUBLIC PROPERTY
R. Nisanci a *, B. Uzun a , M. Cete a ,
a KTU, Geodesy and Photogrammetry Engineering Department, 61080 Trabzon, Turkey
(rnisanci, buzun, mcete)@ktu.edu.tr
Commission VI, WG VI/4
KEY WORDS: GIS, Cultural Heritage, Urban Land Use
ABSTRACT:
Being international public assets, historical and cultural entities are heritages left to today’s human being by past communities.
Protecting and transferring to the next generation of these entities are one of the main mission of individuals and administrators.
Today, unearned income of lands has a great importance, so, cultural entities’s protection in urban areas is very difficult. The cause
of this effects real estate’s location which is in restricted areas is limited in terms of acquired development rights (in result of
transformation to public property). Thus, in result of the losing development rights which is one of the factors effecting land value,
economical value of land property diminishes. Transferring to public property of cultural real estate entities, whose property is in
private property is important in protecting these entities. Legal legislation can not allow to any solution except for land
condemnation and urban land readjustment in realizing of this purpose in Turkey. On the other hand, some developed countries have
different approaches for gaining property of historical, agricultural or other areas requiring protection. In this study, firstly existing
legislation has been examined, then solution proposals have been investigated for gaining of cultural property entities to public
property by providing an approach to property problems via transferring land development rights to other areas have been examined.
For this purpose, an application area has been selected in Ortahisar surroundings of Trabzon Cattle one of the most important assets
of Rome and Byzantium era. In this specified area, Geographical Information System (GIS) has been used for relating, analysing
and querying of non-graphical data. In addition, property transfer between old and new housing areas via assistance of GIS
techniques has been realized.
1. INTRODUCTION
Nowadays, cultural and natural entities are threaten by different
factors. The biggest and the most common threat is arisen by
modern life wishes (Kalabalik, 2002). Because, generally the
real estate cultural entities are in urban rent (unearned income)
areas, these areas are becoming more attractive economically,
so, real estate owners have economic loss and they want to
compensate their loss. As a result of this situation, unsuitable
constructions and demolished or burned buildings have been
arisen in protection areas and then historical assets remain in
unsuitable constructions.
As a result of rapid urbanization, historical assets are destroyed
especially in big cities of Turkey. So, the question of‘how can
these important heritages be protected from destroying’ is
becoming most important and current matter of Turkey
(Sokman, 1987).
Producing solutions for such problems is a main duty of
planning and property related disciplines. On the other hand, at
the end of the rapid changing and development, globalization,
localization and restructuring process, classical planning and
restructuring of property design approaches have become
inadequate to solve these problems. Failed in application stage,
this approach should be changed with a contemporary, allowing
to produce solutions for the problems in short and long period
of time, flexible and optional planning approach (Tuncer,
1998).
Planning decisions and property design are directly related with
applicability of plans. Gaining to public property of these
historical assets’s property being national and also international
property is the most important stage in protection of historical
assets. Except expropriation and land readjustment, there is no
other ex-officio way to gain private property to public property.
Whereas, developed countries have developed different
methods to realize this purpose. Transferring of development
rights, which is one of the this study’s concerns, is one of the
these methods.
Transfer of development rights (TDRs) means shifting the
future development potential from one piece of property to
another piece of property (Bredin, 2000). TDR is premised on
the idea that ownership of land entails ownership of a bundle of
rights, including rights to access (easements), minerals (mineral
rights), and undeveloped spaces above the parcel (air rights)
(Woodbury, 1975). A development rights is defined as the
difference between the existing use of the parcel and its
potential use as permitted by existing law. In other words, a
development right is equal to the unused development potential
of a parcel of land (Pizor, 1986). Sales of rights can compensate
landowners for the costs of restrictions on development of their
land. Rights (measured in various units of development density)
are purchased in open-market transactions by those who want to
build to bonus densities on other parcels. The buyer gains
density; the seller reaps profit from the sale; the community
benefits from whatever is preserved by the development
restriction-open space, farmland, historical sites, or
environmentally sensitive lands.
In this study, an example application has been realized to gain
property of the area named as interior castle in the historical
Trabzon castle in the Ortahisar district where is one of the
historical settlement areas to public property.