Expropriation Cases and the Role of the Lawyer in Turkey

Expropriation is the process of acquiring privately owned immovables or rights on them by the state or public legal entities, when the public interest is required and by paying a price in return. Expropriation cases in Turkey are important processes for both real estate owners and public institutions. In this blog post, we will provide information about expropriation cases and processes, while explaining the role of the lawyer in this process.

Expropriation Cases in Turkey:

Expropriation processes and lawsuits in Turkey are carried out within the framework of the Expropriation Law and relevant legislation. The expropriation process includes the following stages: a) Expropriation decision: In cases requiring public interest, the relevant public institution takes the expropriation decision. b) Determination of the price: The administration's valuation commission estimates the price of the immovable, and the administration tries to agree with the owner through the purchase procedure (Expropriation Law no. 2942, art. 8). If no agreement is reached, the administration files a case for determination of the price and registration at the court of first instance (civil) where the immovable is located; the court fixes the price after an expert (bilirkişi) examination (art. 10). c) Notification: Once the case is filed, the court serves the administration's petition and the expropriation documents on the owner. Within thirty days of notification, the owner may file an annulment action against the expropriation act in the administrative courts, or an action to correct material errors in the civil courts (art. 14). d) Price payment: In case of agreement, the price is paid to the owner; in the court route, the price fixed by the court is deposited in a bank in the owner's name (art. 10). e) Expropriation of the immovable: At the end of the process, the ownership of the immovable passes to the expropriating institution. 

Importance of Lawyer in Expropriation Cases:

In expropriation processes, the support of a lawyer is of great importance for both real estate owners and public institutions. Lawyers can assist in the expropriation process by: a) To provide correct information and guidance to the parties, by having knowledge of the legislation. b) To support the legally correct and complete execution of the expropriation process. c) To protect the rights of the immovable owners and to contribute to the determination of a fair price in the price determination and objection processes. d) To manage the relevant litigation and objection processes, to defend the rights of the parties.

Law Firms to Apply for in Expropriation Cases:

For those who need a lawyer in expropriation cases in Turkey, it is important to work with a lawyer who handles expropriation law. In Istanbul and other cities, there are lawyers and law firms working in expropriation law. The services such lawyers can provide are: a) To provide consultancy services on initiating and managing the expropriation process. b) Helping to resolve disputes by representing the immovable owner or the administration in the purchase (settlement) negotiations conducted by the administration. c) To evaluate the expert (bilirkişi) reports obtained by the court for the fair and reasonable determination of the expropriation value and, where necessary, to object to them. d) To bring expropriation cases to the judiciary and to represent the parties in court when necessary.

Conclusion:

Expropriation cases are important processes in order to protect the rights of real estate owners and public institutions. In these processes, getting support from a lawyer helps the processes to be carried out in a fair and lawful manner. Law firms providing services in the field of expropriation law in Turkey act for the parties in defending their rights, although the outcome of each case depends on its facts.