Expropriation
Expropriation refers to public agencies’ right to buy immovable properties from their one or more owners for the purpose of using them for public services. This right and how to use it are stipulated in detail in certain laws including the Turkish Constitution. When a public agency is using this right, the seller is entitled to object the transaction and file a lawsuit in case of any unlawful act.
The public agency which intends to use this right must pass a ‘public benefit resolution’. This resolution will be reviewed and approved by the relevant authority. Public benefit resolutions passed by a ministry or the Council of Ministers do not need to be approved.
After such approval is given, the public agency will write a letter to the relevant land registration office and ask it to insert an expropriation order in the registration of the relevant immovable property. Thereafter the Appraisal Committee will determine the market value of the immovable property and a settlement committee will be appointed for the relevant negotiations. The settlement committee will send a letter to the owner of the immovable property to explain the purchase method and price. If the owner answers the said letter within 15 days, the negotiation process will start. If the parties come to an agreement on the offered price or a lower price, the land registration office will transfer the immovable property to the public agency. If the parties fail to come to an agreement, the public agency will file a lawsuit to ask the court to determine a market value for the immovable property and to transfer it to the public agency.
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Lawyers employed by Gulis Law and Counseling Office are definitely not responsible for the accuracy or completeness of the information given here. Given that information, laws and stare decisis may abruptly change, the information given here may not be undertaken or guaranteed to be current. You are recommended not to make a business decision based on any part of the information given here, and to buy professional legal service for each case depending on its peculiar circumstances.
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