Sample Petition For Cancellation Of Expropriation
TO THE PRESIDENCY OF … ADMINISTRATIVE COURT;
THE PLAINTIFF
TC IDENTITY NUMBER :
ADDRESS :
PROXY :
(legal representatives of the parties, if any)
ADDRESS :
(Legal representatives of the parties, if any)
DEFENDANT :
ADDRESS :
SUBJECT : The claim consists of the annulment of the decision of the Municipality of … Municipality – Council of … dated …/…/… day and numbered … regarding the expropriation of the immovable property located in … Province, … District, … Neighborhood, …. plan, …. island, … parcel numbered … and the claim for compensation for the damage caused by the inability to use the immovable during the expropriation process.
DATE OF NOTIFICATION : …/…/…
EXPLANATIONS :
1-) … Province, … District, … Neighborhood, …. Following the expropriation decision of the Municipality Council dated …/…/…/… dated …/…/… and numbered … (Annex-3), a lawsuit was filed at the … Civil Court of First Instance for the determination of the price of the immovable and its registration on behalf of the defendant administration, and the petition and annexes (Annex-4) were notified to our client on …/…/…/…
2-) The immovable property subject to the lawsuit is located within the jurisdictional boundaries of the … Metropolitan Municipality. The protocol (Annex-5) between the … Metropolitan Municipality and the defendant … Municipality, which includes the transfer of authority to the defendant municipality, also lacks legal basis. For this reason, the expropriation process carried out by the defendant … Municipality is unlawful in terms of the element of authority.
3-) On the other hand, during the execution of the expropriation process by the municipality, our client could not use the immovable property and ….. TL loss arising from not being able to use it.
4-) For the reasons explained, it has become necessary to apply to your court to cancel the expropriation process in question and to decide to compensate the damage of ….TL arising from the inability to use the immovable.
LEGAL GROUNDS : Art. 46 of Law No. 2709; Art. 14 of Law No. 2942; Art. 3, 32 of Law No. 2577
LEGAL EVIDENCES :
1-) The title deed of the immovable property located in … Province, … District, … Neighborhood, … plot, … island, … parcel numbered
2-) … Municipality Council’s expropriation decision dated …/…/…/…dated … day and numbered …,
3-) Public benefit decision dated …/…/…/… issued by the Municipality Council,
4-)… The petition and annexes of the lawsuit filed at the Civil Court of First Instance,
5-) Protocol between the … Metropolitan Municipality and the defendant … Municipality, including the transfer of authority to the defendant municipality,
6-) Discovery and expert examination.
CONCLUSION AND REQUEST : …/…/…
ANNEXES:
1-) Title deed of the immovable property located in … Province, … District, … Neighborhood, …. plan, … island, … parcel numbered
2-) … Municipality Council’s expropriation decision dated …/…/…/…dated … day and numbered …,
3-) Public benefit decision dated …/…/…/… issued by the Municipality Council,
4-)… The petition and annexes of the lawsuit filed at the Civil Court of First Instance,
5-) Protocol between the … Metropolitan Municipality and the defendant … Municipality, including the transfer of authority to the defendant municipality,
6-)One approved power of attorney sample.
Plaintiff Attorney
ATTY.
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