The concept of expropriation is regulated in Article 46 of the Fundamental Law and its competent authority is the State. The need to state expropriation has emerged in the construction of the North Marmara Motorway, High Speed Train roads and the Canal Istanbul project. It has become an issue that concerns many citizens, especially because of the large projects. In this article, we will talk about what conditions can be expropriated, what means Expropriation, Urgent Expropriation and Confiscating without Expropriating, their procedures and what rights both parties have.
In cases where the public interest requires, the real money of the immovable is paid by the state or other public legal entities, and the immovable property owned by private persons is taken away from the whole or part of it without the consent of the persons.
Expropriation price is paid in cash and in advance as a rule, but in some exceptional cases, installment can be made. However, in any case, the installment period cannot exceed 5 years.
What is the Expropriation Procedure?
After the expropriation decision is taken, the administration to make expropriation establishes an appraisal commission and determines the estimated value of the immovable property. Then, it informs the owner of the immovable property that is intended to be expropriated in an official letter. If the owner applies to the administration and reaches an agreement within fifteen days from the date of notification, the administration pays the agreed price within 45 days.
If the agreement cannot be reached, the administration may apply to the civil court of first instance and request the registration of the property on its behalf. The court sends a legitimate invitation to the property owner and calls it to the court.
The person concerned may file an annulment action in the administrative jurisdiction for the cancellation of the expropriation process within 30 days after receiving the legitimate invitation letter sent to him by the Civil Court of First Instance.
It is the expropriation of immovable property that is required in the implementation of the Law No. 3634 on the National Defense Obligation or in cases of extraordinary situations, in cases of emergency or the need for urgency for the defense of the country. The only difference between hasty expropriation and expropriation is that the order of transactions is different.
What is the Urgent Expropriation Procedure?
The administration, where the immovable property is located to be completed later, opens a Urgent Expropriation lawsuit in the Civil Court of First Instance and the court determines the price of the immovable. If the administration stores the determined price on behalf of the owner of the immovable in the bank, the decision of the case is decided. Then the administration is expected to reach an agreement with the owner of the property.
If an agreement is reached, expropriation is completed. If the agreement cannot be reached, the administration may conclude expropriation by opening a case for cost determination and registration within 6 months. In addition, the owner, who is trying to expropriate the real estate, has the right to file a compensation claim.
Confiscating without Expropriating:
Pursuant to the Construction Law, municipalities and governorates are empowered to divide the lands and lands within the zoning boundaries into islands and plots in accordance with the zoning plan without the permission of their owners and rights holders. In this way, municipalities and governorates can allocate their designated places as public spaces. This situation is mostly used for public services such as squares, parks, car parks, playgrounds, green areas, mosques and police stations or facilities related to these services.
The important point here is that this process is not an expropriation, so a fee is not paid in return.
It is a form of non-expropriation that is made in accordance with the law of hand-handing law, which we mentioned above. In addition, sometimes the administration takes over the immovable properties owned by private individuals, although there is no legal possibility. This action constitutes an unfair act, but it does not have an administrative action feature.
In such cases, the case of preventing unfair confiscation can be filed in the administrative judiciary.