TYPES OF EXPROPRIATION

Expropriation refers to the process by which the state seizes ownership of privately owned real estate to carry out public services. The expropriation process involves various methods and forms of application. This article will examine the concepts of partial expropriation, expedited expropriation, and expropriation by exchange.
1. Partial Expropriation
Partial expropriation is the process of expropriating only a specific portion of a real estate property. This type of expropriation is usually carried out to provide sufficient space for public services or projects. For example, only a portion of an existing property may be expropriated in a road widening project.
a. Application Areas of Partial Expropriation
Partial expropriation can be applied in various situations:
– Road Widening: A portion of the real estate along the roadside may be expropriated for the purpose of widening an existing road.
– Public Buildings: Only a portion of the existing real estate may be used for the construction of public buildings.
– Energy and Communication Projects: A portion of the real estate may be expropriated in projects such as electricity lines, water pipes, or communication lines.

b. Legal and Financial Consequences of Partial Expropriation

In the case of partial expropriation, the remaining part of the property continues to belong to the owner. This situation requires a special approach in determining the expropriation price:
– Expropriation Price: If the value of the remaining part of the property decreases while the price of the expropriated part is paid, this loss must also be compensated.
– Remaining Part: If the remaining part is damaged as a result of the expropriation, the owner can claim compensation.
2. Expropriation by Barter
Barter is the process of exchanging one property for another. The definition of barter under the Turkish Code of Obligations (TBK) involves the mutual exchange of properties valued by both parties. In the context of expropriation, barter means exchanging the property to be expropriated with a property of equivalent value for the owner.
a. Application Areas of Expropriation by Barter
– Providing Equivalent Value: The expropriation process is carried out by giving another property of equal value to the expropriated property.
– Arrangement of Project Areas: During the execution of public projects, it may be preferred to give other properties of similar value instead of expropriating existing properties.

b. Definition of Barter within the Scope of the Turkish Code of Obligations

Article 283 of the Turkish Code of Obligations regulates barter. The requirement for the properties to be of equal value is not necessary for barter. The legal requirements for barter are as follows:
– Value of the Properties: Both properties are objectively valued based on their actual worth.
– Consent of the Parties: The barter transaction is valid only with the agreement of the parties, and the ownership rights of both parties are mutually exchanged.

c. Consequences of Expropriation Through Barter
– Change of Ownership: As a result of barter, ownership rights are exchanged between the two parties.
– Expropriation Compensation: The expropriation compensation is determined based on the value of the properties, ensuring an equal transfer of value between the parties.
– Expropriation Process: In expropriation through barter, the expropriation process generally depends on the agreement between the property owners and the relevant regulations.
3. Urgent Expropriation
Urgent expropriation is a type of expropriation carried out in emergency situations for the public good. Unlike the normal expropriation process, this process is carried out more quickly and with priority. Urgent expropriation is generally a method used in emergency situations or when public projects need to be completed quickly.
a. Application Areas of Urgent Expropriation
– Crisis Situations: Rapid expropriation of areas urgently needed in natural disasters such as earthquakes and floods.
– Urgent Public Projects: For example, it is applied in situations where a critical infrastructure project needs to be completed quickly for security reasons.

b. Legal Framework of Expedited Expropriation
Expedited expropriation is carried out in accordance with Article 27 of the Expropriation Law No. 2942. Within the framework of this law, the conditions and procedures for expedited expropriation are defined:
– Public Interest: For expedited expropriation to be carried out, the existence of a situation requiring public interest and urgency is a prerequisite.
– Process: The expropriation decision must be made quickly and the expropriation compensation must be paid immediately.

Intern Law Faculty Student

Mert Emir Balci