Sample Petition For Objection To The Urgent Expropriation Decision
What is Urgent Expropriation?
Urgent expropriation is an exceptional expropriation method that is unique to itself, apart from ordinary expropriation, which allows the administration to immediately seize immovable properties belonging to individuals by postponing some of the processes that it must do and wait for in the ordinary expropriation process in the presence of some extraordinary conditions.
Expropriation is an ordinary method based on the law, which enables the administration to acquire immovable properties belonging to the persons it needs in order to provide the services it is obliged to provide. Expropriation in haste is a special form of ordinary expropriation with more stringent formal requirements than expropriation.
Expropriation removes the property rights of individuals on the grounds of public interest. For this reason, it is subject to certain administrative and judicial processes. Some of these processes include obtaining a public interest decision for expropriation, preparation processes for expropriation, inviting the parties to compromise, and in the absence of compromise, filing a lawsuit for cancellation of title deed and registration in favor of the administration. Only after the completion of these processes, the expropriating administration has the authority to dispose of the immovable property. In urgent expropriation, on the other hand, it is aimed to prevent the public from suffering great damages in urgent and exceptional cases by giving the administration the authority to dispose of the immovable as soon as possible.
As a matter of fact, in the justification of Article 27 of the Expropriation Law, the purpose of expropriation in haste is explained as “to prevent the public from suffering great damages in urgent and exceptional cases, taking into account that compliance with the previous provisions of the Law may create various inconveniences”.
PETITION FOR APPEAL AGAINST THE URGENT EXPROPRIATION DECISION
…….. TO THE PRESIDENCY;
THE PLAINTIFF
ID NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(legal representatives of the parties, if any)
DEFENDANT
ADDRESS :
SUBJECT : …/…/… dated …/…/… published in the Official Gazette numbered ….
… numbered … made within the framework of the decision of the Council of Ministers
We request the annulment of the urgent expropriation process.
DATE OF NOTIFICATION : …/…/…
EXPLANATIONS :
1-) The immovable property owned by our client, located in … Province, … District, … District, … Neighborhood, …. plot, …. block, … parcel numbered …, has been decided to be expropriated urgently with the decision of the Council of Ministers … numbered … published in the Official Gazette dated …/…/… day and numbered …..
2-) In Article 27 of the Expropriation Law No. 2942; the cases where urgent expropriation can be applied are listed one by one, and it is not possible to evaluate the expropriation of our client’s immovable within the scope of the cases listed in the relevant article. Because; urgent expropriation is a method that can be applied exceptionally, and it has been reported that the immovable subject to the lawsuit is located on a 25-meter road in the ….. scaled zoning plan and for this reason, it has been decided to be expropriated urgently by the …. Metropolitan Municipality due to the fact that it is on the road in the zoning plan with the decision of the Council of Ministers numbered …..
3-) However, there are no conditions that require the application of the expropriation procedure in the event, and therefore, it has become necessary to request the annulment of the transaction from your Court.
LEGAL GROUNDS : 2942 S. Law Art. 3, 27, 32
LEGAL EVIDENCES :
1-) The land registry of the immovable property located in … Province, … District, … Neighborhood, … plot, … island, … parcel numbered …,
2-) The decision of the Council of Ministers dated …/…/…/…dated …/…/…and numbered … on urgent expropriation,
3-) Discovery and expert examination.
CONCLUSION AND REQUEST : For the reasons explained above, we hereby request by proxy for the annulment of the urgent expropriation made within the framework of the decision of the Council of Ministers dated …/…/…dated …/…/… and numbered …, and for the imposition of the costs of the proceedings and the attorney’s fee on the other party. …/…/…
Counsel for the Plaintiff
Related
ANNEXES
1-) Land registry of the immovable property located in … Province, … District, … Neighborhood, … plot, … island, … parcel numbered …,
2-) The decision of the Council of Ministers dated …/…/…/…dated …/…/…and numbered … on urgent expropriation,
3-) One approved power of attorney sample
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