EXPROPRIATION AND LEGAL PROCESS

Expropriation is the process by which the state or public legal entities forcibly acquire privately owned immovable property in exchange for a specific compensation, when required by public interest. In Türkiye, expropriation procedures are regulated by Law No. 2942 on Expropriation. This law details how the expropriation process works, the rights of the rights holders, and how the expropriation compensation is determined.

 

The Purpose and Legal Basis of Expropriation

The primary purpose of expropriation is to serve the public interest. According to the Constitution, expropriation can only be carried out in cases where public interest necessitates it, with compensation paid in advance, and in the circumstances and manner prescribed by law. This is a common occurrence in projects such as the construction of new roads, public buildings, or the laying of power lines.

 

How does the expropriation process work?

The expropriation process generally proceeds through the following steps:

1. Public Interest Decision:

The first step in expropriation is for the relevant administration to make a decision in the public interest. This decision is an administrative act and can be reviewed by the courts if the parties apply for its annulment.

2. Expropriation Decision:

After a public interest decision is made, the relevant administration notifies the registered owner of the property to be expropriated. This notification includes the expropriation decision and the offered price for the privately owned property to be expropriated.

3. Determination of Price and Payment:

The compensation for expropriation is determined based on the current market value of the property. If an agreement cannot be reached between the property owner and the administration regarding the price of the private property, the price is determined by the court. The expropriation compensation is paid in cash, but in some cases, installment payments may also be possible.

4. Court Proceedings:

The property owner may object to the expropriation process. In this case, the administration applies to the Civil Court of First Instance for the determination of the price and the registration of the property. The court determines the value of the property based on expert reports and sets the expropriation price.

5. Registration of the Immovable Property:

Upon payment of the expropriation compensation, the property is registered in the land registry in the name of the relevant authority.

 

Property Rights in Expropriation

Property owners have various rights during the expropriation process. The most important of these are the right to appeal the expropriation decision to the competent authority and the right to a fair determination of the compensation. If the property owner does not receive the desired response from the administrative body that issued the expropriation decision, they can file an administrative lawsuit for annulment against that body. Furthermore, if there is a disagreement regarding the compensation amount, the property owner can apply to the Civil Court of First Instance for an increase in the compensation.

Another right of the property owner is to demand full and timely payment of the compensation. According to the Constitution and the Expropriation Law, the expropriation compensation must be paid in full upfront. Installment payments are only permitted under certain circumstances and with the property owner's consent.

 

Determining the Compensation for Expropriation

The compensation for expropriation must be determined based on fair and current market values, as per the law. The main factors considered during compensation determination are as follows:

• Property Location: Factors such as the property's proximity to the city center and its location on major roads directly affect its value.
• Property Type: The type of property (land, field, building, etc.), the condition of the structures on it, and its intended use are also taken into account in determining the price.
• Comparable Values: The sale and purchase prices of similar properties in the same area are also taken into consideration when determining the price.

Types of Expropriation

Expropriation can be carried out in two main types: direct expropriation and expedited expropriation

1. Direct Expropriation:

In this type of expropriation, all stages of the process are carried out according to a normal procedure as described above.

2. Expedited Expropriation:

Expedited expropriation is regulated in Article 27 of Law No. 2942 and is a method used in extraordinary circumstances where the public interest must be realized urgently. In this type of expropriation, it is possible to transfer the property to the administration before its price is determined. The decision for expedited expropriation is made by presidential decree, and the owner's rights are protected based on the price determined later.

 

Expropriation Without Compensation

Expropriation without compensation is the situation where the administration physically seizes a privately owned property without making any expropriation decision or reaching an agreement with the owner. This is unlawful because it violates the right to property granted to individuals by the Constitution, and the owner has the right to claim compensation. According to Supreme Court precedents, in cases of expropriation without compensation, the owner can file a lawsuit against the administration to recover the value of the seized property. Furthermore, the owner can demand the return of the property.

 

Conclusion

Expropriation law is a crucial legal process regulating the state's intervention in private property to serve the public interest. Protecting the rights of both the administration and the property owner is paramount during expropriation proceedings. Adhering to the law at every stage of the expropriation process ensures both the realization of the public interest and prevents the property owner from suffering any harm. The most important aspect of expropriation is preventing the violation of property rights.