What is expropriation?

Expropriation; It is the transfer of ownership of all or part of a real estate belonging to private law persons by the state and public legal entities, provided that they comply with the procedures and principles in the law and pay the price.

The expropriation process has the effect of eliminating the direct ownership right of the owner of the immovable property. The right to property, which is an absolute and in rem right, can only be limited by law and for public interest purposes, in accordance with Article 35 of the Constitution. Therefore, expropriation is an institution that can only be used by authorized bodies and is legal as long as it is carried out in accordance with the procedures and principles set out in the law and has the purpose of public interest.

Regulations regarding expropriation in our legislation are regulated by the Expropriation Law No. 2942, based on Article 46 of the Constitution titled Expropriation.

With law no. 2942; The procedures to be carried out in the expropriation of immovable properties owned by private law persons, the calculation of the expropriation fee, the registration of immovable property and easement rights on behalf of the administration, the recovery of unused immovable property, the transfer of immovable properties between administrations, mutual rights and obligations, and the procedures and methods for resolving disputes based on them are clearly regulated.

EXPROPRIATION CONDITIONS

In order to accept that the expropriation process has been carried out in accordance with the procedure, certain conditions stipulated in the law must be present. Namely;

• Expropriation can be made by the competent administration:

According to Article 1 of the Expropriation Law, expropriation can only be carried out by the state and public legal entities. Private law persons do not have the authority to expropriate. However, it is possible to make expropriation for the benefit of real and private legal persons. Again, in accordance with Article 3 of the Expropriation Law, administrations can only exercise their expropriation authority within the framework of public services that concern their own areas of responsibility.

• The expropriation process must be for the public benefit:

With the expression "in cases required by public interest" in Article 46 of the Constitution titled Expropriation and Article 1 of the Expropriation Law No. 2942, it is clearly stated that expropriation cannot be carried out for any purpose other than the public interest.

• Only privately owned immovable property can be subject to expropriation:

This situation is clearly regulated in the law. The competent administration may expropriate all or part of privately owned immovable property, but movable property cannot be the subject of this administrative action.

• As a rule, the expropriation fee must be paid in advance and in cash:

Expropriation fee is paid in advance and in cash, except for exceptional cases specified in the law. Cases where the price can be paid in installments are stated in Article 3/2 of the Expropriation Law. In the article; These are listed as "realization of large energy and irrigation projects and settlement projects, cultivation of new forests, protection of coasts and expropriations for tourism purposes". In these cases where payment can be made in installments, the installment period cannot exceed 5 years and in this case, the installments are paid equally.

Again, in the continuation of the same law article, it is clearly stated that in cases where payment is to be made in installments, at least ⅙ of the expropriation fee must be paid in advance and that the highest interest rate foreseen for state debts must be applied to the installments from the day following the day of advance payment.

In exceptional cases other than cash payment or installment payment, "expropriation by barter" is also envisaged in Article 26 of the Expropriation Law. In this case, if the owner agrees, immovable property can be given instead of the expropriation fee. Details will be announced later.

• The expropriation process cannot be started without sufficient funds being provided by the administrations:

In accordance with the last paragraph of Article 3, which was added with the amendment made in the law in 2001, administrations must provide sufficient funds for expropriation in their budgets before embarking on the expropriation process. Thanks to this prerequisite, it is aimed that the private law person whose property rights are interfered with by the expropriation process will not suffer any grievance regarding the price.

• In order to carry out expropriation, it is mandatory to take a "public interest decision":

In Article 5 of the Expropriation Law, the authorities that will make public interest decisions, and in Article 6, the authorities that must give approval for the completion of the public interest decision are clearly indicated. Again, in the last paragraph of Article 6, situations where a public interest decision is not required to be taken and approved are stated. We will talk about it in detail under the title of administrative process in expropriation.

1-ADMINISTRATIVE PROCESS IN EXPROPRIATION

The administration that decides to expropriate must provide sufficient expropriation fee before proceeding with some procedural procedures and research that initiate the expropriation process. After sufficient funds are provided, the administration moves to the stage of making a public interest decision that initiates the expropriation process.

PUBLIC INTEREST DECISION MAKING

In order to accept that the competent administration has started the expropriation process, a public interest decision must first be taken and approved. Expropriation transactions without a public interest decision will constitute a violation of the legislation. However, in some cases specified in the law, there is no obligation to take and approve a public interest decision. Namely;

"Public interest decisions made by the President or ministries do not need to be approved separately.

There is no need to take and approve a separate public interest decision for services to be provided in accordance with 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 indicating that the expropriation process has started."

In accordance with Article 5 of the Expropriation Law, the authorities that will make public interest decisions are as follows:

a) Public administrations and public legal entities;

1. In expropriations to be made for the purposes listed in the second paragraph of Article 3 of the Law, the relevant ministry,

2. Village board of elders in expropriations for the benefit of the village,

3. Municipal committee in expropriations for the benefit of the municipality,

4. Provincial standing council in expropriations for the benefit of the special provincial administration,

5. Provincial administrative board in expropriations for the benefit of the state,

6. In expropriations for the benefit of the Council of Higher Education, the Council of Higher Education,

7. Boards of directors in expropriations for the benefit of universities, Turkish Radio and Television Corporation, Atatürk Higher Institution of Culture, Language and History,

8. District administrative board in expropriations for the benefit of more than one village and municipality within the borders of the same district,

9. Provincial administrative board in expropriations for the benefit of villages and municipalities affiliated with more than one district within the borders of a province.

10. In expropriations for the benefit of more than one public legal entity affiliated to separate provinces, the President,

11. President in expropriations for the benefit of the State within the borders of more than one province.

b) In expropriations for the benefit of public institutions, the board of directors or the board of directors, or in the absence of these, the authorized administrative bodies,

c) In expropriations for the benefit of real persons, in expropriations for the benefit of these persons, and in expropriations for the benefit of private law legal entities; The village, municipality, special administration or ministry to which they are subject to supervision in terms of the services they provide upon the application of boards of directors or administrative councils, or authorized administrative bodies.

In accordance with Article 6 of the Expropriation Law, the public interest decision is completed with the approval of the following authorities. Namely;

a) The decisions of village councils of elders and municipal councils are made by the district governor in districts, by the governor in provincial centers,

b) The decisions of the district administrative boards, provincial permanent councils and provincial administrative boards are made by the governor,

c) Decisions of the university board of directors, the rector,

d) The decisions of the Council of Higher Education are made by the Chairman of the Board,

e) The decisions of the board of directors of the Turkish Radio and Television Corporation, the general manager,

f) The decisions of the Board of Directors of the Atatürk Higher Institution of Culture, Language and History are made by the President of the Higher Institution,

g) The decisions of public institutions' boards of directors or administrative councils or authorized administrative bodies are made by the minister under whose supervision they are subject,

h) For the benefit of real persons or private law legal entities; Decisions made by the village, municipality or special administration, the governor,

Completed with approval.

ADMINISTRATION'S DETERMINATION OF THE PROPERTY TO BE EXPROPRIATE

Following the public interest decision received from the competent authority clearly stipulated in the law and approved by the competent authority, the administration now moves on to the stage of determining the immovable property that it intends to expropriate.

The administration that will carry out the expropriation shall make or cause to be made a scale plan showing the border, surface area and type of the immovable properties or resources on which the easement right will be established through expropriation or expropriation; It determines the owners of the expropriated immovable property, their possessions if there is no land registry record, and their addresses, through land registry, tax and civil registry records, or by documenting it through external research.

Upon the request of the administration, the relevant tax office issues the tax declaration and values of immovable property and resources, and the assessed value that will replace the declaration in cases where there is no tax declaration, within one month at the latest.

In practice, many procedural errors are encountered in determination and registration cases of expropriation cost, such as the plaintiff administration directing hostility towards the title deed owner who died before the case, as the defendant, or not making notifications properly. Since such situations may be a reason for reversal by the Supreme Court, it is very important that such cases are followed by lawyers who are well versed in procedural law as well as the principles of expropriation.

ISSUE OF A JUDGMENT WITHOUT FORMATION OF PARTIES DUE TO IRREGATE NOTIFICATION IS A REASON FOR REVERSING

"The case concerns the determination of the expropriation cost based on Article 10 of the Expropriation Law No. 2942 and the request for the registration of the expropriated immovable property in the name of the plaintiff administration. … 2- In the address registration system, notification was not made at the last known addresses of the defendants whose current address is abroad. For this reason, after the petition was duly notified to the named defendants by the court and the party was formed, the trial continued and a verdict was made. "Giving a decision about these defendants without ensuring their formation, ... 4- The notification issued on behalf of the defendant, which was understood to be limited, was irregular, and while the petition and the notification informing the hearing date should have been notified to the guardian, in the absence of the guardian who was not informed of the case, making the decision without ensuring the formation of a party, ... necessitated reversal." (Y5HD. 19.12.2910 T. 2019/4056-21097)

ISSUE OF A JUDGMENT WITHOUT ESTABLISHING A PARTY IN THE CASE FILED AGAINST THE PERSON WHO DIED BEFORE THE CASE DATE IS A REASON FOR REVERSING

•"Since it was understood that a lawsuit was filed by the plaintiff administration against the person who appeared as the title deed owner of the real estate in question and died before the date of the lawsuit, in accordance with Article 14/5 of the Expropriation Law; the heirs and addresses of the dead title owner were investigated, a petition was duly notified to the identified heirs, and a verdict was made with incomplete examination without establishing a party,

Taking into account the decision of the General Assembly of the Supreme Court of Appeals, dated 02.02.2011, numbered 2010/5-546-2011/11, the address was searched and the petition was notified to them; If the deceased is dead, it should not be considered that the petition and annexes should be notified to his heirs in accordance with Article 14/5 of the Expropriation Law, thus forming a party.

Since it is understood that the notifications sent to the dead defendants have been returned, it is wrong not to think that the heirs should be determined, the petition of action, reasoned decision, the petition of appeal of the administration and its annexes are duly notified to them and the party is formed and then a decision should be made according to the result." (Y5HD. 25.12.2017 T. 2016/14950 E.)

•"… the petition of action was not notified to the defendants H.Ö. in accordance with the procedure and law, and it is understood that the defendants G.Ö. is dead, and according to Article 14/5 of the Expropriation Law; Since it is stipulated that in the suit for determination and registration of the expropriation cost duly opened, if it is determined that the real owner of the immovable property has died before, the case will continue by including his heirs. After the inheritance document showing the heirs of this defendant, who is understood to be dead, is brought and the petition is notified to the heirs to be determined and the defendant H.Ö., the party is formed, and the decision should be made according to the result by entering into the merits of the matter, since there is no prerequisite in written form. The decision to reject it was not deemed correct." (Y5HD. 6.6.2011 T. 2011/2755-9850)

ANNOTATION OF EXPROPRIATION IN THE LAND REGISTER

The administration, having completed all the preparatory work by collecting the necessary information and documents about the immovable property that is planned to be expropriated, now makes the expropriation decision and moves on to the stage of annotating the expropriation in the land registry. After the administration decides on expropriation, it notifies the land registry office where the immovable property subject to expropriation is registered to annotate the expropriation in the land registry. Thanks to the title deed registry annotation, the owner of the real estate and the buyers of the real estate learn about the expropriation decision.

If the owner changes since the notification date, the land registry administration must notify the administration that carries out the expropriation about any changes in ownership or in rem rights other than ownership.

Ex officio deletion of the annotation given to the land registry: If the administration does not submit to the land registry office the document obtained from the court stating that the expropriation price has been determined in accordance with Article 10 and the registration request has been made in the name of the administration within six months from the date of annotation, this annotation will be deleted from the registry ex officio by the land registry administration. In cases where the annotation is not deleted ex officio, it is possible to file a lawsuit for removal of the annotation in the civil court of first instance.

Request for deletion of expropriation annotation: In the decision of the Supreme Court 18.HD dated 11.7.2005, it was stated that the place of resolution of the case requesting deletion of expropriation annotation is the judicial judiciary;

"2942 sayılı Kamulaştırma Yasası'nın 4650 Sayılı Yasa ile değişik 7. maddesinin son cümlesine göre idare tarafından şerh tarihinden başlayarak 6 ay içinde kamulaştırma bedelinin tespiti ile idare adına tescili isteğinde bulunulduğuna ilişkin mahkemeden alınacak belge tapu idaresine ibraz edilmediği takdirde bu şerhin tapu idaresince re'sen sicilden silineceği hükme bağlanmıştır.

In the concrete case, it is understood that an expropriation annotation was placed in the title deed record of the immovable property on 27.09.2002, and although the period stipulated in the said article of law has passed, the expropriation annotation has not been deleted. According to Article 37 of Law No. 2942, all disputes arising from this law that need to be resolved in the judicial jurisdiction are heard in the civil courts of first instance where the immovable property is located. There is no statement in this law that the deletion of annotations placed on the title deed records of immovable properties that have been expropriated or planned to be expropriated will be handled by administrative judicial authorities.

From the purpose and scope of Article 37 of the Expropriation Law, it is clearly understood that disputes regarding matters that are not clearly stated to be within the jurisdiction of the administrative judiciary in other articles of the law will need to be resolved in the judicial courts. "Considering the matters explained, it is not considered right for the court not to consider that the matter should be taken into consideration, all the evidence should be collected and a decision should be made based on the result."

It is stated as follows.

KAMULAŞTIRMA ŞERHİ SATIŞA ENGEL Mİ?

The expropriation annotation placed in the land registry of the immovable property upon the request of the administration does not restrict the rights of the owner on the immovable property. In other words, the owner can sell his immovable property to a third party if he wishes. As stipulated in Article 7 of the Expropriation Law, "If the owner changes as of the notification date, the land registry administration must notify the administration that carries out the expropriation about any changes in ownership or in rem rights other than ownership." It is clearly stated that the annotation placed in the land registry does not prevent the owner of the real estate from changing. The purpose of the expropriation annotation is to inform the owner and, if any, third parties who want to purchase the real estate.

TESTING THE PURCHASE METHOD IN EXPROPRIATION

It is essential that the administrations that decide on expropriation first apply the purchasing procedure in expropriations regarding immovable properties registered in the land registry, in accordance with Article 8 of the relevant law. Expropriation is concluded easier and faster for the parties who manage to reach an agreement through the purchase procedure.

If the real estate owner accepts the administration's purchase offer and they reach an agreement, a report is prepared between the administration and the real estate owner. Expropriation takes place by registering the real estate in the name of the administration in the land registry and paying the expropriation fee to the owner.

If the owner rejects the offer as a result of the administration trying the purchasing procedure, the expropriation process takes place with the court decision given at the end of the "determination of the expropriation price and registration of the real estate in the name of the administration" case filed by the administration in the judicial judiciary.

EXPROPRIATION BY PURCHASE METHOD:

First of all, the administration that decides on expropriation appoints a valuation commission and a reconciliation commission within its own structure:

In accordance with Article 8 of the Expropriation Law;

"After the expropriation decision is taken, the administration that will carry out the expropriation appoints one or more valuation commissions, consisting of at least three people, to determine the estimated value of the immovable property, in accordance with the principles in Article 11 of this Law, by obtaining reports from relevant experts, institutions or organizations, and when necessary, by benefiting from the information obtained from the Chambers of Industry and Commerce and local real estate buying and selling offices.

In addition, the administration appoints one or more conciliation commissions, consisting of at least three people from within its own structure, to carry out and finalize bargaining purchase and exchange transactions based on the estimated price.

The administration's purchase request is notified to the real estate owner, without specifying the price determined by the valuation commission:

"The administration, without specifying the estimated price determined by the valuation commission, notifies the owner with an official registered letter that it wishes to purchase the immovable property, resources or easement rights decided to be expropriated in advance, or if it is done in accordance with the second paragraph of Article 3 of this Law, by paying it in installments in accordance with the procedures in this paragraph and by bargaining, or by bartering it with another immovable property belonging to the administration."

It should be emphasized here that; It is not possible to say that the estimated price, which was determined by the administration at the purchasing stage and not even notified to the owner, is binding on the parties. In other words, before the amendment made to the Expropriation Law No. 2942 by Law No. 4650, the report prepared by impartial valuation commissions was notified to the parties together with the expropriation documents, so the parties had the opportunity to object to the issues determined in the report. However, in the new system introduced as a result of the amendment made by Law No. 4650, since the report prepared by the valuation commission established by the administration is not notified to the owner of the immovable property together with the invitation for reconciliation, the owner of the immovable property does not have the opportunity to object to the price determined by the characteristics of the immovable property and the contents on it. (YHGK 22.9.10 T. 2010/5-456 E. 2010/409 K.)

The owner notifies the administration of his desire to sell the immovable property subject to expropriation by agreement:

In case the owner or his authorized representative applies to the administration within fifteen days from the date of notification of this letter, with a request to sell or barter the immovable property subject to expropriation by negotiation and agreement; Bargaining negotiations are held on the date determined by the commission, and if an agreement is reached on the price or exchange not exceeding the estimated estimated value, a report is prepared regarding this agreement, and the minute, which includes all the legal and actual characteristics of the immovable property subject to the agreement, the expropriation fee, the identity information of the owner and the statements of acceptance regarding the registration or cancellation of the real estate in the land registry, is signed by the owner or his authorized representative and the members of the commission. This report is considered as the owner's declaration of waiver and the legal reason for the registration to be made in the name of the administration in the land registry.

The administration shall ex officio register or cancel the land registry on behalf of the administration, within forty-five days from the date of preparation of the agreement report, by preparing the price specified in the minutes, and based on the agreement minutes and the letter stating that the administration has been cleared of all encumbrances and rights on the immovable property before expropriation. After the ex officio registration or cancellation of the title deed, the expropriation fee is paid to them.

Immovable property, resources or easement rights purchased or exchanged in accordance with the principles of the purchasing procedure regulated in Article 8 of the Expropriation Law are deemed to have been acquired from the owner by expropriation, and objection cases cannot be filed against such expropriation or its price.

2-JUDICIAL PROCESS IN EXPROPRIATION

Before the administration decides on expropriation by filing a lawsuit in the judicial judiciary, the procurement procedure (kk.art.8) must be tried. If the administration and the real estate owner cannot agree on the purchasing procedure, the administration; In accordance with the last paragraph of Article 8 of the Expropriation Law, the expropriation decision is taken by filing a lawsuit in the judicial judiciary. According to the law, the administration must apply to the Civil Court of First Instance where the real estate is located, requesting that the expropriation cost be determined by the court and the real estate be registered in the name of the administration.

At this point, it is a mandatory provision of the amended Article 10 of the Expropriation Law that the court determines a fair and equitable expropriation fee, decides to register the immovable property in the name of the administration and pay the expropriation fee to the rightful owner.

It is possible for the right owner to file a lawsuit for annulment of the expropriation in the administrative judiciary, as of the notification of the lawsuit filed by the administration in the judicial judiciary to the right owner (owner). If an annulment lawsuit is filed in the administrative judiciary by the rights holders against the expropriation process and the administrative jurisdiction courts decide to stay the execution, the court will consider the lawsuit filed in the administrative jurisdiction as a pending matter and take action according to its outcome.

DETERMINATION OF EXPROPRIATION FEE AND REGISTRATION CASE

If the expropriation cannot be carried out by purchasing method, the administration shall apply to the civil court of first instance where the immovable property is located, by adding the information and documents collected in accordance with Article 7, the determination of the price made in accordance with Article 8 and other information and documents on this matter to a petition, and by determining the expropriation cost of the immovable property, it will be decided to register it on behalf of the administration, in return for payment of this price in cash or in installments if the expropriation is made in accordance with the second paragraph of Article 3. wants.

The court invites the owner of the immovable property to attend the hearing by notifying the hearing date determined by the administration for thirty days at the latest from the date of application, by adding a copy of the petition and the documents given by the administration, to the owner of the immovable property, or to those whose addresses cannot be found as a result of the research conducted by the administration, by notification by announcement in accordance with Article 28 of the Notification Law No. 7201 dated 11.2.1959. The administration is also notified on the hearing day.

INVITATION TO THE PROVINCE BY THE COURT

In the invitation to be issued directly to the owner by the court or in the notification to be made through announcement;

a) The place, location, section, island, parcel number, qualification, surface area where the immovable property to be expropriated is registered in the title deed,

b) Name and surnames of the owner or owners,

c) Name of the administration that carried out the expropriation,

d) Within the period stipulated in Article 14, starting from the date of notification or announcement, they may file a lawsuit for annulment of the expropriation transaction in the administrative jurisdiction or for correction of factual errors in the judicial jurisdiction,

e) To whom the hostility will be directed in the lawsuits to be filed,

f) If, within the period stipulated in Article 14, those who file an annulment lawsuit against the expropriation in the administrative judiciary do not document that they have filed a lawsuit and have decided to stay the execution, the expropriation process will be finalized and the immovable property will be registered in the name of the expropriating administration based on the expropriation fee determined by the court,

g) To which bank the expropriation fee determined by the court will be deposited on behalf of the rightful owner,

h) It is stated that they must notify the court in writing of all defense and evidence regarding the subject and the value of the immovable property within ten days from the date of notification.

•KK. Pursuant to Article 31/1-b, the immovable property cannot be transferred, transferred or assigned to anyone else after the notification, invitation or notification made by the court in accordance with Article 10. As a matter of fact, the expropriation process begins with the notification made to the owner of the property by the court, and the right of disposal of the owner of the immovable property ends with the registration decision given by the court on behalf of the administration.

THE OWNER'S RIGHT TO ADMINISTRATIVE ACTION AGAINST THE EXPROPRIATION DECISION

Upon the administration's application to the Civil Court of First Instance, requesting the determination of the expropriation cost and the registration of the real estate to the administration, the notification prepared by the court and sent to the owner states that "If those who filed an annulment lawsuit in the administrative jurisdiction against the expropriation process do not document that they filed a lawsuit and decided to stay the execution within the period stipulated in Article 14, the expropriation process will be finalized and the immovable property will be registered in the name of the expropriating administration based on the expropriation price determined by the court."

The owner of the immovable property subject to expropriation may file a lawsuit for annulment in the administrative jurisdiction against the expropriation transaction and a lawsuit for correction in the judicial jurisdiction against material errors within 30 days from the date of notification made by the court and the date of the announcement made by the court in the newspaper to replace notification to those who cannot be notified. If the immovable property subject to expropriation is a joint venture or jointly owned, the stakeholders have the right to file a lawsuit on their own. In this case, the results of the lawsuits filed will not affect those who did not file a lawsuit.

It should not be forgotten that cases filed in the administrative judiciary will be heard first. However, if the right holder does not use his right to file this lawsuit in the administrative court or if a stay of execution decision is not given in the lawsuit filed, the lawsuit filed by the administration in the judicial court will not be stopped. In the case of determination and registration of the expropriation cost filed by the administration in the civil court of first instance, in order for the case filed in the administrative jurisdiction to be made a pending matter, a decision to stay the execution of the expropriation decision must be taken from the administrative court and notified to the civil court of first instance.

As a result of the annulment case filed in the administrative court;

• If a decision is made as "cancellation of the expropriation process", the case in the civil court of first instance will also be rejected.

• If it is decided to "reject the request for annulment of the expropriation process", the case in the civil court of first instance continues.

HOW IS THE EXPROPRIATION FEE CALCULATED?

On the hearing date determined by the civil court of first instance, the judge invites the parties to reach an agreement on the expropriation fee, in accordance with the Civil Code.

If the parties agree, the judge accepts this price as the expropriation fee and takes action in accordance with the second and subsequent sentences of the eighth paragraph.

If the parties cannot agree,the expropriation fee is determined fairly by the court in line with the survey to be carried out at the location of the immovable property and the expert reports to be received.

Supreme Court of Justice General Assembly 2019/954 k. and regarding the determination of the expropriation cost in its decision dated 24.09.2019;

"In the 11th article of the Expropriation Law No. 2942, amended by the Law No. 4650, which regulates the principles of determining the expropriation price, it is stated that the type and type of the real estate, its surface area, all the qualities and elements that may affect its value, the individual value of each element, the valuations made by the official authorities on the date of expropriation, and especially the official unit prices and building cost calculations and depreciation in the buildings, as well as other objective factors that will be effective in determining the price. It is envisaged that the price should be assessed based on the measurements.

In the said article 11, the principle of taking into account all factors affecting the value of the real estate when determining the price of the expropriated real estate has been introduced.

Considering the letter and spirit of the law; "The main principle is to determine the real value of the real estate and the contents on it."

He stated as follows.

HOW IS THE VALUE OF IMMOVABLE PROPERTY DETERMINED IN PARTIAL EXPROPRIATION?

Expropriation can be done for the entire immovable property, or only a part of the immovable property may be required for the public service to be carried out by the administration. In this case, while partial expropriation is carried out, the value of the real estate is determined according to the rules stipulated by the law.

In accordance with Article 12 of the Expropriation Law; The value of partially expropriated immovable property,

a) If there is no change in the value of the non-expropriated part due to expropriation, it is the amount of that property appraised according to the principles specified in Article 11, falling on the expropriated part.

b) If there is a decrease in the value of the part outside of expropriation due to expropriation; This is the amount found by determining the amount of the diminished value and adding the diminished value to the expropriation value determined in accordance with the principles specified in paragraph (a) of the expropriated part.

c) If there is an increase in the price of the part outside of expropriation due to expropriation, the amount of increase is determined and the amount is found by subtracting the increased value from the price of the expropriated part determined in accordance with the principles specified in paragraph (a).

Unless, the reduction to be made in accordance with paragraph (c) cannot be more than fifty percent of the expropriation fee.

The decrease and increase amounts of the price mentioned in paragraphs (b) and (c) are determined by price assessment according to the principles specified in Article 11.

If the part outside of expropriation is suitable for use according to the zoning legislation; The expenses and costs required to restore the buildings, enclosure walls, sewerage, water, electricity, gas ducts, machinery, etc., which will remain to the owners, to a usable state in accordance with their former qualities, are determined and added to the expropriation cost. These costs and charges are not taken into account in determining the amount of impairment written in paragraph (b).

Part of the expropriated immovable property If the remaining part of the property is not suitable for use,in cases where a lawsuit is not filed in the administrative jurisdiction against the expropriation process, this part must also be expropriated upon the written application of the owner of the property within thirty days from the notification of the expropriation decision at the latest.

If the partially expropriated immovable property subject to joint ownership was previously divided among the stakeholders and left to the disposal and benefit of one or more stakeholders, and the partial expropriation covers the whole or part of this place, in this case, the expropriation-related transactions are carried out only for this stakeholder or stakeholders and the expropriation fee is paid to them in proportion to their shares. Shares or stakeholders have the right to sue only for this part. They no longer have rights over the part of the immovable property that is not expropriated and their names are removed from the stakeholders. These expropriated places are registered in the land registry in the name of the administration.

PAYMENT OF EXPROPRIATION FEE AND REGISTRATION OF THE PROPERTY TO THE ADMINISTRATION

Following the discovery made by the court and the expert reports showing the value of the real estate, the court determines the expropriation price. The administration is given fifteen days to deposit the determined amount into the bank account determined by the court and to submit the receipt proving the deposit. If necessary, this period may be extended by the court for once.

If the expropriation is made in accordance with the second paragraph of Article 3 of the relevant law, it may be decided to pay the expropriation fee in installments. However, in this case, the first installment is deposited in cash and in cash to the bank account determined by the court in the name of the beneficiary. The administration submits a receipt to the court proving that it has paid the entire expropriation fee or the first installment, as the case may be, within a period of fifteen days.

After the administration submits a receipt to the court stating that it has paid the expropriation fee, it is decided to register the immovable property in the name of the administration and to pay the expropriation fee to the rightful owner, and this decision is notified to the land registry office and the bank where the money is deposited. The registration decision is final and the parties' rights of appeal or objection regarding the price are reserved.

If the expropriation fee finalized as a result of the appeal or appeal review is less than the amount paid to the rightful owner in advance and in cash, the difference is requested from the relevant party. No interest is charged for the period between the date of payment made by the Administration on behalf of the beneficiary and the date on which the letter regarding the refund is notified to the relevant person.

Ownership is transferred to the administration: In accordance with Article 25 of the Expropriation Law, the ownership is transferred to the administration with the registration decision given by the court. As of the date of the registration decision given by the court, the owner of the immovable property loses its rights to use the immovable property that has been decided to be expropriated, such as making new construction or cultivation or making fundamental changes in the existing construction. The value of what is done after this is not taken into account.

TAKING BACK OF EXPROPRIATE PROPERTY

Kanunun öngördüğü şartların varlığı halinde, malik kamulaştırmaya konu taşınmazı geri alma hakkına sahiptir. The purpose here is to prevent the administration from incurring losses in proportion to the expropriation cost if the expropriated property is not used by the administration, and to prevent the immovable property from remaining idle without any use.

Within five (5) years from the date of finalization of the expropriation fee, by the administration that carried out the expropriation;

• If no transaction or installation is carried out in accordance with the purpose of expropriation and transfer,

• Or if the immovable property is left as it is by not being allocated to a need for public interest,

The owner or his heirs can take back the immovable property by paying the expropriation fee together with the legal interest that will accrue from the day they received it. However, the right of redemption that is not used within one year from its birth is lost. However, in some cases, due to the nature of expropriation, when the administration does not need to take any action on the real estate, the owner does not have the right to take it back since it cannot be said that the real estate is left as it is and idle.

In a decision of the General Assembly of the Supreme Court of Appeals regarding the issue dated 14.11.2007;

"…in order for the expropriated immovable property to be taken back, the expropriating administration must not take any action or activity for the purpose of expropriation and must leave the expropriated immovable property as it is within the legal period.

However, in cases where the administration does not need to take any action or facility due to the nature of the expropriation, this does not give the right to request the return of the real estate, since it is not possible to leave the expropriated property as it is.

Similarly; If the expropriated immovable property can be used in accordance with the purpose of expropriation without any transaction or installation being carried out on the date of expropriation, the lawsuit for retrieval will not be heard. Because in such a case, it is not possible to say that the real estate is of no use and remains idle.

As a matter of fact, in the decision dated 8.5.2002 and numbered E: 2002/373 K:2002/387 of the General Assembly of the Supreme Court of Appeals, leaving the immovable property expropriated for the purpose of making a green area as it is, preserving the existing greenery and dedicating it to the public's benefit, was accepted as a suitable transaction and usage style. The provision was made as follows.