Expropriation means that the administration has a right to an immovable property, on the condition that it pays the price and based on the public benefit.
Expropriation can only be made by the competent authority, on the grounds of public interest, on the immovable property subject to private ownership and by paying the price in advance.Otherwise, there will be a confiscation without expropriation.
It is possible for the public benefit decision to be made only by the institutions specified in Article 5 of the Expropriation Law.
"Article 5 - The authorities that will make the decision of public benefit are as follows:
a) Public administrations and public legal entities;
1. the relevant ministry, in the expropriations to be made for the purposes listed in the second paragraph of Article 3,
2. Village council in expropriations for the benefit of the village,
3. Municipal committee in expropriations for the benefit of the municipality,
4. standing provincial committee in expropriations for the benefit of the special provincial administration,
5. Provincial administration board in expropriations for the benefit of the state,
6. Higher Education Council in expropriations for the benefit of the Higher Education Council,
7. management boards in expropriation for the benefit of University, Turkey Radio - Television Corporation, Atatürk Culture, Language and History High Agency,
8. District administrative board in expropriations for the benefit of more than one village and municipality within the boundaries of the same district,
9. Provincial administrative board in expropriation for the benefit of villages and municipalities of more than one district within the boundaries of a province,
10. The President of the Republic of Turkey in expropriations for the benefit of more than one public entities in separate provinces,
11. President in expropriation for the benefit of the State within the boundaries of more than one province.
b) Board of directors or administrative council in expropriations for the benefit of public institutions, in their absence, competent administrative bodies
c) In expropriation for the benefit of real persons, these persons; In expropriation for the benefit of private law legal entities; boards of directors or administrative council; if they are absent, village, municipality, special administration or ministry which they are subject to supervision in terms of the services rendered by the authorized administrative bodies."
The decision of public benefit can only be approved by the institutions specified in Article 6 of the Expropriation Law.
"Article 6 - The public benefit decision is completed with the approval of the following.
a) The decisions of village councils and municipal committees are approved by the district governor in the districts, the governor in the provincial centers,
b) The decisions of district administrative boards, standing provincial committee and provincial administrative boards; by the governor,
c) University administrative board decisions, by the rector,
d) Higher Education Council decisions; by the chairman of the Board,
e) Turkish Radio - Television Authority board decisions; by the general manager,
f) The decisions of the Atatürk High Institution of Culture, Language and History; by the Chairman of the High Institution,
g) Decisions of the board of directors of public institutions or boards of directors or competent administrative bodies; by the minister that they are subject to,
h) Decisions made by villages, municipalities or private administrations for the benefit of real persons or private law legal entities; by the governor.
Public benefit decisions made by the President or ministries do not need to be approved separately.
There is no need for a separate public benefit decision to be taken and approved for the services to be performed according to the approved development plan or special plan and project approved by the relevant ministries.In these cases, a decision is taken by the authorized executive body showing that the expropriation process has started."
In the expropriation process, first of all, the administration should make a scaled plan that shows the boundaries, surface measurement and type of the immovables to be expropriated.
Subsequently, if the owners of the immovable property died, the heirs should be determined.the tax returns and values of the immovable must be found; If it cannot be found, the value to replace the returns from the tax office must be submitted within one month at the latest.
It will also provide convenience in the cases of determination of the expropriation price to be opened after all these transactions and the registration of the immovable on behalf of the administration.
After the necessary determinations are made, expropriation will be annotate to the land registry.After the annotation is given, the changes in the land registry will be notified by the land registry office to the administration that made the expropriation.
The administration carrying out expropriation is obliged to file a lawsuit within 6 months after the annotation is given to the land registry and submit the relevant documents to the land registry office.If it is not submitted, the expropriation annotation will be d by the land registry office without waiting for another request or action.
The expropriation law has stipulated that the administration will apply the procurement procedure first in case of expropriation.With this method, it was aimed to calculate the estimated value of the immovable properties by establishing a valuation commission and to reach a solution in a short time with a practical method by making the purchase over the price.
Expropriated immovables cannot be allocated for any purpose other than the expropriation purpose for which they were allocated.Regarding immovables that are used for purposes other than expropriation or that are not used for their specific purpose, the former owners of the immovables have the right to take back within five years after the expropriation value becomes final.As a matter of fact, Article 23 of the Expropriation Law regulates this issue.
The Court of Cassation accepted the fact that the immovable expropriated as a municipality service area was put out to tender for the construction of an LPG station, as a legal reason for the acceptance of the lawsuit to recover property
If no transaction or installation is made in the immovable suitable for the purpose of expropriation and transfer, or if the immovable property is left, and it is not allocated for a need for public benefit, the owner or his/her heirs can take back the immovable property by paying the expropriation price together with the legal interest from the day they receive it.
However, if another structure is built for public benefit or transferred to another administration, the right to recover property will not be used