Petition For The Annulment Of The Expropriation Decision And Claim For Compensation
TO THE PRESIDENCY OF THE ADMINISTRATIVE COURT;
PLAINTIFF : TC ID No:
ADDRESS :
ATTORNEY :
ADDRESS :
DEFENDANT :
ADDRESS :
SUBJECT : This petition concerns the request to annul the decision of the … Municipality Council dated …/…/… and numbered … regarding the expropriation of the real property located in … Province, … District, … Neighborhood, … block, … lot, … parcel, and to seek compensation for damages arising from the inability to use the property during the expropriation process.
DATE OF NOTIFICATION : …/…/…
OUR EXPLANATIONS
1-) Regarding the real property located in … Province, … District, … Neighborhood, … block, … lot, … parcel, the Municipal Council adopted a decision in the public interest on …/…/…; the client, as the registered owner, was invited to negotiate on …/…/… and …/…/…; since our client did not respond to the invitation… Following the Municipal Council’s expropriation decision dated …/…/… and numbered …, a lawsuit was filed with the … Civil Court of First Instance to determine the compensation for the property and register it in the name of the defendant administration, and the complaint and its attachments were served to our client on …/…/….
2-) The property in question is located within the jurisdictional boundaries of the … Metropolitan Municipality. The protocol between the … Metropolitan Municipality and the defendant … Municipality, which involves the delegation of authority to the defendant municipality, lacks a legal basis. Therefore, the expropriation proceedings carried out by the defendant … Municipality clearly violate the law in terms of the element of authority.
3-) Furthermore, during the execution of the expropriation process by the municipality, our client was unable to use the property, resulting in a loss of … TL due to this inability to use the property.
4-) For the reasons explained above, it has become necessary to file a petition with your court to have the aforementioned expropriation process annulled and to order compensation for the … TL in damages arising from the inability to use the property.
LEGAL GROUNDS : Law No. 2709, Art. 46; Law No. 2942, Art. 14; Law No. 2577, Arts. 3, 32
LEGAL EVIDENCE :
1-) Land registry record of the property located in … Province, … District, … Neighborhood, … block, … lot, … parcel
2-) The expropriation decision of the … Municipal Council dated …/…/…, No. …,
3-) The public interest decision issued by the Municipal Council on …/…/…,
4-) The complaint and attachments filed with the … Civil Court of First Instance,
5-) The protocol between the … Metropolitan Municipality and the defendant … Municipality regarding the delegation of authority to the defendant municipality,
6-) Site inspection and expert examination.
CONCLUSION AND REQUEST : For the reasons explained above, we request that the Municipal Council decision dated …/…/… and numbered … regarding the expropriation of the real property located in … Province, … District, … Neighborhood, … block, … lot, … parcel be annulled, and that … TL in damages (to be increased according to the amount determined following the site inspection and expert examination) and that the litigation costs be imposed on the defendant. …/…/…
ATTACHMENTS:
Plaintiff’s Counsel
Attorney