What Is Expropriation? What Are The Conditions?
The right to property can only be restricted in cases of public interest. In such restriction procedures, the value of the immovable is first determined and then the value of the immovable is paid to the owner of the immovable. Subsequently, the registration of the immovable in question is transferred to the administration. Expropriation procedures are carried out in two types: normal expropriation and emergency expropriation.
In normal expropriation, all legal transactions of the immovable to be expropriated are carried out before the immovable is transferred to the administration. In some cases, all legal transactions, except for the determination of the value of the immovable, begin after the immovable is transferred to the administration. This refers to urgent expropriation transactions. In this case, it is mostly carried out by the General Directorate of Highways.
It should be noted that only state institutions can carry out expropriation. Here, the unit that will carry out expropriation must first obtain a more public interest decision. The public interest decision is then approved by the relevant authority. Thus, the expropriation process begins.
The administration, which will carry out the expropriation, prepares a plan showing the surface measurement and boundary of the immovable, finds the owners of the immovable to be expropriated through land registry and population records and notifies the relevant parties of the aforementioned decision.