01 · Practice Areas
Expropriation Law
Expropriation is the acquisition of privately owned real property by the administration for public benefit, under Article 46 of the Turkish Constitution and Expropriation Law No. 2942. In this interference with the right to property, what matters most is that compensation reflects true value, procedural rules are observed and time limits are met.
Compensation and registration
If the owner and the administration cannot agree through the negotiated purchase procedure, the administration files a case for determination of compensation and registration before the civil court of first instance where the property is located. Compensation is set by a panel of experts, taking into account the type and size of the property, comparable sales, net income and all objective factors affecting value. The choice of comparables and valuation method directly shapes the outcome.
De facto expropriation
Where the administration occupies property without a lawful expropriation, or restricts the owner’s rights for a long period through a zoning plan, the owner may seek cessation of the interference or compensation. Jurisdiction, interest and limitation periods differ depending on the type and date of the interference, so correct characterisation at the outset is essential.
Expert review
In expropriation cases the expert report is often decisive. Its comparables, capitalisation rate and technical findings should be examined in detail, and inconsistencies presented to the court with concrete reasoning.
Frequently asked questions
Can the compensation amount be challenged?
Yes. In the compensation case the owner may object to the amount set by the administration and to expert reports; the judgment is also subject to appeal and cassation review.
What is de facto expropriation?
It is when the administration uses private property without following expropriation procedure (physical taking), or restricts the owner’s use for a long period through a zoning plan (regulatory taking).
Is there a deadline to challenge an expropriation?
Yes. Law No. 2942 sets short time limits, running from notification, for annulment actions and for correction of material errors. A prompt legal assessment after notification is advisable.
When does a repurchase right arise?
If no work consistent with the purpose of expropriation begins within the statutory period, the former owner may, under certain conditions, be entitled to buy the property back.
This website has been prepared for information purposes only, in accordance with the Turkish Attorneyship Law and the professional rules of the Union of Turkish Bar Associations. It is not advertising and does not constitute legal advice.
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