Petition for the Owner to Reclaim Expropriated Property

TO THE DUTY PRIMARY CIVIL COURT

ISTANBUL

PLAINTIFF: Name and Surname (Turkish Republic Identity Number: …) – Address

ATTORNEY: Lawyer's Name and Surname – Address
DEFENDANT: … Municipality – Address

SUBJECT: Property owner's request to reclaim expropriated property

EXPLANATIONS:

1. My client's plot of land, located at … Neighborhood, … Street, No: …, … and registered in … Province, … District, … Location, … Island, … Sheet, … Parcel, measuring … square meters, was expropriated on …/…/… for the purpose of constructing a children's park. The expropriation compensation has been paid to my client and the procedures have been completed (Appendix: 1).
2. However, it has been determined that within five years of the completion of the expropriation process, the Municipality did not use the said property in accordance with the purpose of the expropriation, and the land remained as it was on the first day, as if the expropriation process had not been carried out. It cannot be said that the Municipality built any structure or made any arrangements on the said land. (Appendix: 2).
3. According to Article 23 of the Expropriation Law, we have the right to request the return of the expropriated property. We will submit this request to the competent authorities within one year after the expiration of the five-year period. We are ready to pay the expropriation compensation together with legal interest and to carry out all necessary procedures (Appendix: 3).

EVIDENCE:

1. Expropriation decision (Annex: 1)
2. Documents and photographs showing that the property is not being used for its intended purpose (Appendix 2)
3. Relevant documents and letters indicating readiness to pay the expropriation compensation (Appendix: 3)
4. Expert examination and other legal evidence

LEGAL GROUNDS: Article 23 of the Expropriation Law and related legislation.

CONCLUSION AND REQUEST: For the reasons briefly explained above, I respectfully request and demand, as the plaintiff's attorney, that the expropriated property be returned to my client, that the property be registered in my client's name in the land registry, and that the court costs and attorney's fees be borne by the defendant administration.

…/…/…
Plaintiff's
Attorney Name and Surname
Signature