EXPROPRIATION PROCESS: ALL STEPS FROM DECISION-MAKING TO TRANSFER OF PROPERTY TO PUBLIC OWNERSHIP / ADMINISTRATIVE LAWYER

The process from the issuance of the expropriation decision to the transfer of the property to public ownership:

Expropriation is a legal process followed to transfer real estate from private ownership to public ownership for the purpose of public use. In Türkiye, the expropriation process is regulated within the framework of Law No. 2942 on Expropriation and related legislation. Here are the steps from the issuance of the expropriation decision to the transfer of the real estate to public ownership:

1. Allocation of funds for the expropriation process

Funding must be allocated in order to begin the expropriation process.

2. Obtaining the Public Interest Decision and the Expropriation Decision

• Public Interest Decision: During the expropriation process, the relevant administration (e.g., municipality, provincial special administration, public institution) must determine a need for the public good. This decision states that the use of the property for public benefit is mandatory. A public interest decision is not required for projects and works that comply with the Ministry-approved plans and zoning plans.
• Authorized Authority: The decision regarding public interest is made by the administration that will carry out the expropriation. This decision is usually made by the municipal council, provincial special administration, ministries, or the relevant public institution.
• Expropriation Decision: After a public interest decision is made, the relevant administration issues an expropriation decision. This decision includes identifying the properties to be expropriated and initiating the necessary legal process.

• Notification of the Decision: The expropriation decision is notified to the owner of the immovable property. If the owner cannot be found, notification may be made by public announcement.

3. Determining the Value of the Real Estate

• Valuation: The price of the property to be expropriated is determined by an expert committee formed by the administration. This valuation is based on the fair market value of the property.
• Negotiation: The administration notifies the owner of the determined price and attempts to reach an agreement on this price. If an agreement is reached between the parties, the price is paid and the transfer of the property takes place.

4. Conciliation Process

• Negotiations: If an agreement on price cannot be reached between the property owner and the administration, the administration may resume negotiations through a conciliation commission. During this process, efforts are made to protect the property owner's rights.
• Reaching a Settlement: If a settlement is reached, a settlement agreement is drawn up and the compensation is paid to the owner. At this stage, ownership of the property passes to the administration.

5. Court Application and Determination of Compensation

• Court Application: If a settlement cannot be reached, the administration applies to the Civil Court of First Instance for the determination and registration of the property's value. The court appoints an expert to determine the property's value.
• Court Decision: The court evaluates the expert report and determines the compensation amount for the expropriation of the property. This amount is deposited by the administration into the owner's bank account.

6. Payment of Expropriation Compensation

• Payment to the Bank: If an agreement is reached, the agreed-upon compensation amount is deposited in cash into the rights holder's bank account. If no agreement is reached, the compensation determined by the judge is deposited into a bank account designated by the court. At this stage, the owner can collect the payment.
• Registration Process: After the payment of the expropriation compensation, the title deed of the property is transferred from the owner to the administration by court order. This process is carried out at the land registry office.

7. Transfer of Immovable Property to the Administration (Registration)

• Registration in the Land Registry: With the court's registration decision, the immovable property is registered in the land registry in the name of the administration. From this stage onwards, the immovable property passes into public ownership.
• Transfer to Public Ownership: After the title deed registration process is completed, the administration acquires the right to dispose of the property and begins implementing its projects for public benefit.

8. The Administration's Opening of the Property for Use

• Public Interest Application: The expropriated property is planned and opened for use for the specified public interest purpose (e.g., road construction, school, hospital construction). If no action is taken on the expropriated property for the specified public interest purpose within five years from the date the compensation is finalized, or if no action is taken at all, the owner or their heirs may have the property returned to them by paying the compensation, along with legally accrued interest from the date the compensation is finalized.
• Compensation for Damages: If the owner or those with rights to the property have suffered damages during the expropriation process, these damages will be compensated.

9. Appeals and Legal Remedies

• Right to Appeal: The property owner may appeal against the expropriation decision and the determination of the compensation amount. This appeal may be brought before the administrative courts to review the legality of the expropriation procedures.
• Lawsuits: If the owner believes there were legal irregularities in the process of transferring the property to the public, they can file a lawsuit in the administrative courts. The owner must file these lawsuits against the expropriation process within a certain period of time from the date of notification of the decision.
• The expropriation process aims to strike a balance between public interest and private property rights. The transfer of real estate to public ownership occurs through the completion of legal procedures, and various legal avenues and appeal mechanisms exist to protect the rights of the owners. This process can be concluded through an agreement between the administration and the owner, or it can be resolved through court proceedings.

Law Student Intern Nursena İbanoğlu