Expropriation Law

Expropriation Law

Within the framework of Expropriation Law No. 2942 administrations are obliged by law to provide public services or services that they are obliged to perform. immovable properties, resources and easements necessary for the execution of its undertakings rights; they can expropriate by paying the price in cash and in advance. Cases for annulment of the Expropriation Decision, determination of the expropriation price and the expropriated real estate registration cases are the cases to be evaluated within this scope.

Urgent Expropriation Cases

Law No. 2942 on Expropriation "Urgent expropriation" in accordance with Article 27;

Homeland defense in the implementation of the National Defense Obligation Law No. 3634 in cases where the Council of Ministers decides on the need or urgency of the situation, or by special laws value in the expropriation of immovable properties required in extraordinary situations foreseen the court, upon the request of the relevant administration, to complete the procedures other than the discretion of the relevant administration. within seven days in accordance with the principles of Article 10 and in accordance with Article 15 the value to be determined by the experts to be selected, shall be deposited by the administration on behalf of the owner in the bank specified in the invitation and announcement to be made in accordance with Article 10. The immovable property shall be seized by the administration on behalf of the owner by depositing it in the bank specified in the invitation and announcement to be made in accordance with Article 10. can be put in.

The amount to be deposited for expropriations to be made in the cases specified in paragraph 2 of Article 3 of this Law is the first installment to be paid.

Article 27 clearly defines the conditions required for a decision on urgent expropriation sayılmıştır. Especially in large-scale projects such as dams and highways administrations often make "Urgent Expropriation" with the decision of the Council of Ministers based on the urgency of the work. and applies to the court in accordance with the decision and pays the price determined by the court. the real estate by depositing it in the bank.

After the decision of expropriation in a hurry, the expropriating administration shall be subject to the Law No. 4650 amended by the Law No. 4650. To file a case for determination and registration based on Article 10 of the Expropriation Law No. 2942 and requests the registration of the immovable property in his name in the title deed. In this case, the defendant property owners may attend in person or have themselves represented by a proxy and pay the price. to increase the price. The decision rendered at the end of the case is final in terms of registration subject to appeal.

Determination of Expropriation Price and Registration Cases

Law No. 2942 as amended by Law No. 6450 Pursuant to Article 10 of the Expropriation Law, a lawsuit filed by the expropriating administration and is a type of lawsuit that must be filed.

Prior to this lawsuit, the expropriating administration may follow two different procedures. One of them is according to the "Purchase" procedure in Article 8 of the Expropriation Law No. 2942 is to acquire the ownership of the immovable; Accordingly, the immovable to be expropriated The owner(s) shall first be invited to a conciliation meeting in accordance with Article 8. Negotiation If the parties agree to reconciliation as a result of the settlement, the immovable property ownership passes to the administration. In this case, there is no need for a lawsuit.

It should be noted that most of the owners who transfer their immovable property to the administration through reconciliation who refuses to accept the settlement and goes to litigation, and in this way, the immovable property is offered in the settlement. when they saw that the owners received a higher price than they had expected, they decided to file a lawsuit themselves. they want to leave. However, since they voluntarily transferred the immovable property, afterwards It is not possible for them to ask for an increase in the price. For this reason, the expropriation our advice to those who are confronted is to always pursue litigation. Because it is certain we can say that the price offered in settlement negotiations is never the same as the price offered in litigation. not more than the price obtained, and often much, much less.

If there is no reconciliation, the expropriating administration can file this lawsuit according to Article 10, "Determination of the expropriation value of the immovable and its registration in its name in the title deed".

Compensation for Expropriation Without Expropriation Lawsuits

Expropriation without expropriation was previously legally was regulated, it was added to the Expropriation Law No. 2942 with Law No. 5999 for the first time It has been legalized. However, later additions to the law in this regard It has made it difficult for the owner to regain his right, and for this reason, many jurists criticized. In the light of the current legal regulation, expropriation without expropriation is defined under two separate headings should be analyzed under.

Actual Seizure of Real Estate by the Administration;
The administration is required to provide the necessary services for the performance of a public service. to expropriate the real estate, but not to do so and to actually seize this real estate by allocating it to public service. In this case, the owner may seek forbidden intervention or collection of compensation. has an optional right to file a lawsuit. However, expropriation without expropriation is a major are based on a zoning plan, they are more likely to be subject to an action for the collection of compensation rather than an action for prohibited intervention. We believe that it would be more correct to prefer.

Actual seizure of immovable property by building roads, sidewalks, parks, etc. In the event of a lawsuit; firstly, the obligation to apply for reconciliation with the administration, and if no reconciliation can be reached, a lawsuit in the judicial jurisdiction the right to file a lawsuit. These lawsuits can be filed in the Courts of First Instance (Civil Courts of First Instance) is being looked at.

Legal Seizure of Real Estate by the Administration;
Zoning Law No. 3194; Zoning programs, expropriation and restriction "Municipalities; no later than 3 months after the entry into force of the zoning plans. Within months, they shall prepare a 5-year development program to implement this plan. Five-year Representatives of the relevant investor public institutions during the discussion of development programs participates in the Assembly meeting on the basis of his/her views. These programs are presented to the is finalized after it is accepted. Allocation to public institutions within this program The areas identified are notified to the relevant public institutions. Boundaries of five-year development programs the places allocated to public service facilities in the areas within the relevant public institutions shall expropriate within the duration of this program. The necessary appropriation for this purpose shall be provided by the public organizations in their annual budgets".

According to this legal arrangement, the development plan, which has not been programmed for many years, will actually be implemented. the administration that does not proceed with expropriation or exchange due to the failure to expropriate or exchange the property. renders the right of disposition over the immovable property unusable for an indefinite period of time, therefore, the owner's ability to benefit from the immovable property in accordance with the essence of the property right in cases where the immovable property owner is prevented by the administration without a legal reason If the "Reconciliation Procedure" has been applied first, in case of failure to reconcile, the lawsuit can be filed. The duty to hear these cases was transferred to the Administrative Judiciary by Law No. 6487 given.

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