WHAT IS EXPROPRIATION LAW? PROCESS, RIGHTS AND AVENUES FOR APPEAL

Expropriation Law: Expropriation is the process by which the state or public legal entities, in situations where public interest necessitates it, forcibly acquire ownership of privately owned immovable property by paying the price, usually in cash and upfront. Expropriation is regulated by Law No. 2942 on Expropriation. Article 46 of the Constitution regulates how expropriation is to be carried out and how the compensation to be paid to the rights holders is determined. According to the Constitution, expropriation can only be carried out for the public good, and upfront payment to the property owner is essential. Law No. 2942 regulates the procedures and principles of expropriation in detail. The law includes how public interest is determined, how the expropriation process works, and the avenues for appeal. Stages of the Expropriation Process: 1) Obtaining a public interest decision: Before initiating the expropriation process, a decision regarding the existence of a public interest must be obtained. This decision is made by the relevant public institution and clearly states the purpose of the expropriation . A public interest decision is not required for works that comply with plans, projects, and zoning plans approved by the Ministry . 2) Identifying the property to be expropriated: After a public interest decision is made, the property to be expropriated must be identified and the owner contacted. At this stage, the value of the property is determined, and an attempt is made to reach an agreement with the owner based on this value. When determining the expropriation price, factors such as the market value, use, location, and future potential of the property are taken into consideration. The administration has discretionary power in determining the property. 3) Negotiations: The administration carrying out the expropriation attempts to reach a settlement with the property owner. If a settlement is reached, the administration takes over the property by paying the determined price . If a settlement cannot be reached, the expropriation process is taken to court. 4) Determining and paying the expropriation price: If a settlement cannot be reached, the administration applies to the court to determine the expropriation price and register the property in the name of the administration. The court examines the property, determines its value, and decides that this value should be paid to the owner. As stated in the Constitution and the expropriation law, the price should, as a rule, be paid in cash and upfront. However, in some exceptional cases, such as mega projects, payment in installments may be possible. 5) Registration of the immovable property in the name of the administration: After the expropriation price is determined and paid, the ownership of the immovable property is registered in the name of the administration. The registration process is carried out at the land registry office. Types of expropriation:

Full Expropriation: This refers to the purchase of the entire property by the administration. Partial Expropriation: This is when the expropriating institution expropriates only the portion necessary for public service. If a very small portion remains unexpropriated, the owner may request the expropriation of the remaining portion as well. Easement Expropriation: The entire land cannot be expropriated if an easement right is sufficient. The property owners do not lose ownership, but restrictions are placed on the use of the property. Unlawful Seizure of Property: This refers to the actual seizure of property by the administration without following the proper expropriation process . In this case, the owner has the right to compensation and can demand payment from the administration. The right of ownership is not time-bound and can be asserted at any time . 1. Legal Seizure: This is when the administration interferes with, restricts, or eliminates the right of ownership of a property through a legal act . Disputes related to legal seizure are heard in the judicial courts. 2. De facto method: This is when the administration seizes a person's property without any legal basis . Disputes are heard in the judicial courts. Right to Object to Expropriation and File a Lawsuit:  The owner of immovable property can object to the public interest decision or the expropriation process to the administration. If the objection is rejected, the owner can file a lawsuit by applying to the administrative court.  Owners who believe that the expropriation price has been determined too low can file a lawsuit to increase the determined price. They can also file a lawsuit for annulment on the grounds that the expropriation is unlawful.  Lawsuits against expropriation procedures must be filed within a certain period (usually 30 days) from the date of notification of the procedure. Annulment of Expropriation: If the expropriated immovable property is not used in accordance with the purpose of the expropriation , the owner or their heirs have the right to reclaim the property. There are specific time limits and conditions for exercising this right. For example; If no activity takes place on the property within 5 years from the date the compensation is finalized, the owner has the right to reclaim the property within the following year . If an expropriation decision has been made but the decision has been abandoned without payment, the property is returned to the owner and no compensation can be claimed.

Law Student Intern

Nursena Ibanoglu