Sample Petition Regarding The Petition For The Prevention Of The Expropriation Of The Immovable Property On Which A Transformer Was Built Without Expropriation
EXPROPRIATION WITHOUT EXPROPRIATION
Expropriation is the transfer of all or part of the privately owned immovables to public legal entities by paying their real value in cases where public interest requires it. However, sometimes the administration may actually seize privately-owned immovable property without paying the corresponding compensation. In this case, expropriation without expropriation is referred to.
Expropriation without expropriation has no legal basis. The action of the administration is unlawful. In expropriation without expropriation, the State unlawfully seizes an immovable property subject to private ownership.
A lawsuit should be filed against expropriation without expropriation and a lawsuit should be filed for the prevention of expropriation without expropriation. In addition, since there is a violation of the actual property right in expropriation without expropriation, an action for ecrimisil can also be filed.
Click here for detailed information about the prevention of expropriation and ecrimisil lawsuits.
FORFEITURE PERIOD
Article 38 of the Expropriation Law No. 2942 states that “Any right of action of the owner, possessor or heirs of the immovable property, which has been expropriated, but the transactions have not been completed or the expropriation has not been made at all, and which has been allocated to public service or allocated to a need for public benefit and on which a facility has been built, shall be forfeited after twenty years. This period starts from the date of seizure of the immovable property.” This article stipulates that in cases of expropriation without expropriation, the owner must exercise his right to sue within twenty years, and at the end of this period, the right to sue cannot be exercised and the immovable property will be registered in the land registry in the name of the administration. As a result, the right holders lost the immovable property at the end of the twenty-year period and did not receive any compensation in return. The right of ownership allows a person to use, benefit from and dispose of what he owns as he wishes, provided that he does not harm the rights of others and complies with the limitations imposed by law. The right to property is envisaged as a superior right in our law and is guaranteed by the Constitution. Article 35 of the Constitution stipulates that everyone has the right to property and inheritance, that these rights may only be restricted by law for the public interest, and that the exercise of the right to property may not be contrary to the public interest.
EXAMPLE OF A LAWSUIT FOR EXPROPRIATION WITHOUT EXPROPRIATION
COURT OF FIRST INSTANCE
THE PLAINTIFF
TC ID NUMBER :
PROVISIONAL
DEFENDANT
ADDRESS :
SUBJECT : It is our request for the prevention of the seizure of the immovable property on which a transformer was built without expropriation.
CASE VALUE :
(In cases related to property rights)
EXPLANATIONS :
1-) The immovable property located at the address ……, ……………….., block ….., parcel …. is registered in the name of our client. (ANNEX-1)
2-) On …/…/….., the defendant party intervened in the immovable property by building a transformer on the immovable property by expropriation without a just and valid reason.
3-) Since there is an intervention in terms of a part of the immovable in question, our client has no possibility to use or dispose of the remaining part of the immovable.
4-) In order for the defendant party to restore the immovable property by our client, …….. …./…./….. dated …./…./….. with ….. journal number (Annex-2). However, the defendant did not heed the said warnings.
5) It has become necessary to apply to your Court in order to prevent and restore the expropriation of our client’s immovable property without expropriation, that is, without expropriation.
LEGAL GROUNDS : Art. 683 of the Law No. 4721; Art. 12, 199 of the Law No. 6100; Art. 11 of the Law No. 2942.
LEGAL EVIDENCES :
Land Registry
…….. Notary Public’s notice dated …./…./….. with ….. journal no.
Expert Witness
4. Discovery
CONCLUSION AND REQUEST : For the reasons explained above, we respectfully request on behalf of our client to prevent and restore the expropriation of our client’s immovable property without expropriation, and to impose the attorney fee and trial expenses on the other party. …/ …/ …
ANNEXES : 1. Land Registry
…….. Notary Public’s notice dated …./…./….. with ….. journal no.
One approved power of attorney sample.
Plaintiff Attorney