Expropriation, which is literally “socialization”, is the state’s purchase of an immovable property belonging to a person for the purpose of using it in public service. While the places deemed necessary by the competent administration to be used for public benefit are expropriated, it is not possible for the competent administration to expropriate with unlimited authority. The owner of the immovable also has rights against the related process.
Any immovable property, whether registered in the land registry or not, subject to private ownership may be subject to expropriation. Movable properties cannot be subject to expropriation. In extraordinary cases, the method of confiscating movable properties, provided that the price is paid, “requisition” is different from expropriation.
For the legal expropriation process; Within the scope of the public benefit decision taken by the public institution in accordance with the law, the price must be paid in advance (it can be in installments in exceptional cases listed in the law).
Instead of taking over the ownership of the immovable that the public institution needs, the establishment of an easement right on a certain part of the immovable, a certain section of the immovable, its height, depth or resource in favor of itself is called “easement expropriation”. In this way, while the owner of the immovable preserves the right of disposition on the immovable, the public institution pays less for this process. For example, in order to pass an energy transmission line, an easement right is usually established in favor of a public institution.
There are 3 types of expropriation methods: urgent, partial and barter;
After the competent authority to make the expropriation takes a public interest decision, this decision is approved by the relevant authority. Subsequently, a letter is written to the land registry office where the immovable is registered and an expropriation annotation is requested on the relevant immovable. The Valuation Commission determines the value of the immovable and a compromise is sought for its purchase. If the Settlement Commission notifies the owners of the real estate that they want to buy the immovable by barter or bargaining, and the owners state that they want to discuss this issue within 15 days, the commission determines the bargaining date.
The public institution may unilaterally abandon this process partially or completely at every stage of expropriation. In case of abandon, litigation expenses, court fees and attorney’s fees to be appreciated will be charged to the administration.
If we examine the types of lawsuits that can be filed regarding the expropriation process to be made; confiscation without expropriation, determination and registration of the expropriation value.
If the owner of the immovable property does not apply to the administration within 15 days from the notification containing the immovable value determined by the Valuation Commission and the will to purchase it, or if the parties cannot reach an agreement at the bargaining stage; The administration is obliged to file a lawsuit with the Civil Court of First Instance of the place where the immovable is located, for the determination and registration of the expropriation. If this lawsuit is not filed, the expropriation process will not be completed.
With the filing of the lawsuit, the court judge has to obtain a new expert report on the valuation of the immovable. By making a discovery in the expert report, the type of the immovable, its area, zoning status, the income it would bring if it was used by the owner, the sales price of its peers, the valuation of the buildings on it and all other issues that may affect the value of the real estate are evaluated together.
As a rule, in other expropriation transactions, (except for major energy and irrigation projects approved by the Council of Ministers, resettlement projects, new forest planting and cultivation projects, expropriations to be made on the coasts, expropriations for tourism purposes and other similar expropriations that require great expense,) as a rule, the price is paid in advance. In exceptional cases, payments can be made in 6 installments, one of which is cash. In addition, if the ownership of the expropriated property is the subject of a lawsuit, the expropriation cost is deposited into the bank account determined by the court.
If the amount determined in this way is deposited in the name of the right owner and the receipt showing the deposit is submitted to the court within 15 days, the court will decide to register the immovable property in the name of the administration and to pay the expropriation price to the right owner. In the expropriation process of immovables that are not registered in the title deed; If it is determined that the property to be expropriated is not public property and its possession is determined, a case for determination and registration of the expropriation value is filed in the Commercial Court of First Instance where the immovable is located, together with the other documents prepared by the public institution.
If the person does not want the expropriation of the immovable in his private property, he should file a “action for the annulment of the expropriation process” in the administrative jurisdiction within 30 days from the notification of the expropriation process to the owner. Since the time period here is deprivation of rights, it should be paid attention to time. In order to make a holding issue in the case of determination and registration of the expropriation value of this case, a pause of execution request must be made.
In the lawsuit filed with the demand for the determination and registration of the expropriation value, the documents previously opened by the administration are notified to the owner of the immovable by the court. If there are differences between these documents and the immovable to be expropriated, then the owner should file a ” Mistake of Fact Correction Lawsuit ” in the Civil Court of First Instance. In order to calculate the value of the immovable correctly, it is requested to correct the deficiencies and inaccuracies in the notification. This case is again subject to a 30-day period of foreclosure. This case is decided by combining with the case of determination and registration of the expropriation value.
The situation in which state-owned institutions and organizations use immovable properties that are the subject of private property without an administrative decision is called “confiscation without expropriation”. In this case, the Civil Court of First Instance is in charge of the place where the real estate is located in the case of prevention of seizure. This lawsuit can be filed at any time, regardless of a certain period of time. If there is a building-construction etc. on the immovable confiscated by the state, the owner of the building has the right to file a compensation lawsuit against the state institution that carried out the confiscation without expropriation, for the payment of the land and building price to him.
Showing an immovable as a green field or a park area in the zoning plan, or passing a road in the middle, cannot be considered as “de facto confiscation” on its own. In the decision of the General Assembly of the Supreme Court of Appeals dated 09.04.2003 M.2003/5-281, Dcs. 2003/284, this situation has been clearly stated by the provision. “…Since the implementation of the confiscation provisions without expropriation means preventing the disposal of the owner and taking away his property, a lawsuit cannot be filed against the administration as long as the immovable property is in the hands of the owner and has the right to use it. For this reason, the fact that an immovable is shown as a green field, a parking lot in the zoning plan or a road has been passed through the middle does not give the owner the right to file a lawsuit…”
This lawsuit, which can be filed regarding the immovables registered in the title deed, must be filed by the title deed owner. Buildings and shanty houses built in violation of the zoning legislation are given an occupancy permit and a title deed allocation document showing the right ownership, provided that certain obligations are fulfilled in accordance with the law numbered 2981. In the event that the immovable to which the owner is entitled based on this document is seized by the state or the building is demolished as a result of this seizure, it is not legally possible to file a lawsuit for the compensation arising from the confiscation without expropriation.
If the expropriation administration does not carry out any process or installation suitable for the purpose of expropriation and transfer or if the immovable property is left as it is without being allocated for the public interest, within 5 years from the finalization of the expropriation value, the owner or his heirs will return the immovable by paying it back together with the legal interest to be processed from the day they receive the expropriation price. If the right of return is not used within 1 year, it will no longer be used.
It would be beneficial to get support from a lawyer in order not to lose your rights regarding the expropriation procedures that have been made or will be made about your immovable property. You can always contact us regarding the issue..