WHAT IS EXPROPRIATION?
Expropriation is the state’s termination of private property owned by a person without his/her consent on the grounds of public interest.
The administration that carries out the expropriation process becomes the rightful owner of immovable property belonging to real and private law legal entities, provided that it pays the price.
WHAT ARE THE CONDITIONS OF EXPROPRIATION?
As we will explain in detail in the following, the realization of expropriation depends on the existence of certain conditions:
Expropriation can only be carried out by the “competent administration”.
There must be a “public interest” that necessitates expropriation.
The subject of expropriation is “immovable property subject to private ownership”.
The price of the expropriated immovable property is paid “in advance”.
How the expropriation will be carried out is determined according to the principles in the law.
EXAMPLE OF A PETITION TO APPEAL AN 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 : Our request for the annulment of the urgent expropriation made within the framework of the decision of the Council of Ministers … numbered … published in the Official Gazette dated …/…/… and numbered …..
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 …/…/… numbered … and for the compensation of the damage of ….TL (to be increased according to the amount determined after the discovery and expert examination) and for the judicial expenses to be imposed on the defendant. …/…/…
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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