Sample Petition For Objection To The Expert Report In The Case For The Collection Of The Price Of The Expropriated Immovable Property Without Expropriation
ABOUT EXPROPRIATION WITHOUT EXPROPRIATION
According to the definition made in the doctrine in line with the abrogated Article 38 of the Law No. 2942 and the Unification Decisions of the Court of Cassation, expropriation without expropriation is defined as
the administrations actually and permanently seize an immovable subject to private property without expropriation or without completing the expropriation process, or build a facility on it, or use the immovable as public land in the zoning plans.
preventing the use of the right to property as a result of allocating it for the benefit of the owner.
SAMPLE LETTER OF OBJECTION TO THE EXPERT REPORT IN THE CASE OF PREVENTION OF EXPROPRIATION WITHOUT EXPROPRIATION
……. TO THE JUDGE OF THE COURT,
FILE NO : …/… E.
OBJECTOR
DEFENDANT
TC IDENTITY NUMBER :
ADDRESS :
PROVISIONAL :
(legal representatives of the parties, if any)
ADDRESS :
(legal representatives of the parties, if any)
DEFENDANT
ADDRESS :
SUBJECT : Submission of our objections to the expert report in the case of collection of the price of the immovable property seized without expropriation.
EXPLANATIONS :
1-) Our client is located in … Province, … District, … location, … Island, …. Parcel numbered …. square meters of immovable property.
2-) Our objections to the expert report dated …/…/…/…dated …/…/… prepared and submitted to the file regarding the case file registered in the above-mentioned case file of your court are as follows:
The immovables subject to the lawsuit are in the nature of land. Pursuant to subparagraph (g) of paragraph 1 of Article 11 of the Expropriation Law, which specifies the principles of appraisal, it is obligatory to calculate the price of the land according to the precedent sales that do not have a special purpose before the day of appraisal. In this respect, after determining the equivalents of the precedent sales on the assessment date by applying the price increase indices, the value should be appraised by explaining what the deficiencies and superiorities of the precedent and the subject immovable are and their ratios.
It is not possible to establish a judgment according to this report, since the expert report, which is taken as basis for the judgment, states that the precedent sales brought in the expert report will not be taken as a precedent, and the value is appraised with abstract statements without examining the precedent.
3-) For this reason, it is necessary to give the parties another opportunity to show the precedents, to subpoena precedents ex officio if necessary, and to decide according to the result of the report to be obtained by conducting discovery with the expert committee to be reconstituted for the determination of the value of the immovable subject to the lawsuit by comparing the precedents.
4-) For the reasons we have tried to explain above, we object to the expert report in question.
LEGAL GROUNDS : Art. 46 of Law No. 2709, Art. 11, 15 of Law No. 2942, Art. 266, 281 of Law No. 6100
CONCLUSION AND REQUEST : For the reasons we have tried to explain above, I hereby request, by proxy, that our objections to the expert report dated …/…/…/… be accepted and that an expert examination be ordered to be conducted again and in a way to cover the issues we have stated in our objections. …/…/…
Counsel for the Respondent