Expropriation is the power of the State or public legal entities to acquire privately owned immovable property in return for compensation, for the purpose of serving the public interest. In Türkiye, especially in Ankara, expropriation procedures have increased significantly in recent years due to urban transformation projects, road-widening works, infrastructure projects and public investments.
However, most property owners suffer loss of rights because of the complexity of the process and because the valuations made by the administration often do not reflect the real market value of their properties.
For this reason, working with a lawyer specialized in expropriation law is critically important, both to ensure that the value of the property is paid at its real value and to have unlawful expropriation procedures annulled.
This guide provides a detailed analysis of all legal stages, types of actions, application deadlines and administrative practices relating to expropriation procedures carried out in Ankara.
Expropriation procedures are based mainly on the following legislation:
Constitutional Basis
Statutory Basis
Below is a standard expropriation process presented in tabular form:
|
Stage |
Description |
Relevant Legislation |
|
1. Public Interest Decision |
The administration determines the need for expropriation and adopts a public interest decision. |
Law No. 2942, Art. 5 |
|
2. Approval by Competent Authority |
Approval is obtained from the governor’s office, municipal council or relevant ministry. |
Law No. 2942, Art. 6 |
|
3. Identification and Examination of the Immovable |
Technical measurements, zoning status and the nature of the parcel are determined. |
Law No. 2942, Art. 7 |
|
4. Valuation (Administrative Stage) |
The valuation commission determines the value of the immovable. |
Law No. 2942, Art. 11 |
|
5. Negotiation Meetings |
The administration and the owner hold negotiations to reach an agreement. |
Law No. 2942, Art. 8 |
|
6. If No Agreement Is Reached |
The administration files an action for determination of value and registration. |
Law No. 2942, Art. 10 |
|
7. Court Proceedings |
An expert report is obtained and the real value is determined. |
CCP (HMK), Law No. 2942 |
|
8. Registration and Payment of Compensation |
By court decision, the immovable is registered in the name of the administration and the compensation is paid in advance. |
Law No. 2942, Art. 10 |
Around 90% of disputes in expropriation arise because the value determined by the administration is too low.
Key factors that must be taken into account in expert reports include:
Valuations carried out by commissions set up by the administration are often below market value. For this reason, in actions for increase of expropriation compensation, owners can often obtain 50%–300% higher compensation compared to the initial offer.
Especially in Ankara, urgent expropriation may be used in cases such as:
Important Points Regarding Urgent Expropriation
Urgent expropriation decisions frequently contain unlawful elements and therefore are often subject to annulment actions.
One of the most effective legal remedies available to owners against expropriation is the action for annulment of the expropriation procedure. This action aims to eliminate the unlawful aspects of the expropriation carried out by the administration and to ensure that the immovable remains in the ownership of the private owner.
This section provides a detailed analysis of the conditions, stages, time limits and legal basis of actions for annulment of expropriation, with reference to the case-law of the Council of State (Danıştay).
The owner may file an annulment action whenever they consider the expropriation procedure to be unlawful.
The most frequent types of unlawfulness are:
A) Errors in the Public Interest Decision
According to the Council of State:
“If the public interest decision is not based on concrete, technical and scientific data, the expropriation is unlawful.”
B) Procedural Errors
C) Breach of the Principles of Necessity and Proportionality
Expropriation must be a last resort and strictly necessary.
Example:
If, in a road-widening project, only one person’s property is expropriated while neighbouring properties are left untouched, this may constitute a breach of the principles of equality and proportionality.
D) Use for a Purpose Other Than the Stated Expropriation Purpose
An expropriated immovable cannot be used for a purpose different from the project for which it was expropriated.
According to the practice of the Council of State:
“If the purpose of expropriation changes, the procedure must be annulled.”
E) Time-Bar (Expiry of the Five-Year Period)
If the administration does not complete the expropriation procedures within 5 years from the date of the expropriation decision (Law No. 2942, Art. 23), the expropriation becomes ineffective.
In this case, the owner may file an action for annulment.
Tenants who hold only a lease contract are usually not a party to the expropriation, but if they suffer damage, they may file a separate action for compensation.
In urgent expropriation, the time limit starts from the notification of the urgent seizure decision.
If the action for annulment of expropriation is accepted, the immovable remains in the name of the owner.
Process Table
|
Stage |
Description |
|
1. Notification |
The expropriation decision is notified to the owner. |
|
2. Start of Time Limit |
The 30-day period for filing an action begins. |
|
3. Preparation of the Petition |
Points of unlawfulness in light of the legislation are determined. |
|
4. Filing the Action |
The case is filed before the competent administrative court. |
|
5. Defence of the Administration |
The administration presents its justification for the expropriation. |
|
6. Expert Examination |
A technical panel of experts examines the public interest and planning aspects. |
|
7. On-Site Inspection (Discovery) |
The court and experts conduct an inspection on the parcel. |
|
8. Expert Report |
The public interest, necessity and zoning compliance are evaluated. |
|
9. Final Judgment |
If the procedure is unlawful, it is annulled. |
Expert reports are generally prepared by professionals such as:
Experts examine the following issues:
If there is unlawfulness, this must be clearly stated in the report.
The action for annulment of expropriation is the strongest legal protection mechanism in the expropriation process. When conducted correctly, it ensures that the immovable remains with the owner and that the unlawful actions of the administration are completely eliminated.
Given the intensive urban transformation, road-widening, metro and infrastructure projects in Ankara, actions for annulment of expropriation frequently come to the fore. Therefore, conducting the process through a professional expropriation lawyer completely prevents loss of rights.
In the expropriation process, the most critical stage for owners is that the expropriation compensation determined by the administration does not reflect the real market value. Across Türkiye, the initial valuations made by administrations are often significantly low; therefore, through an Action for Increase of Expropriation Compensation, owners can obtain much higher amounts.
This section explains all stages of the lawsuit, calculation criteria, the nature of expert reports and the case-law of the Court of Cassation (Yargıtay).
This is a full remedy action filed by the owner who considers that the expropriation compensation determined by the administration is:
As a result of this action:
The owner should definitely consider filing a lawsuit in the following situations:
In practice, differences between the initial offer and the final court-determined value often range between 50% and 300%.
When is the lawsuit filed?
Upon notification of the action for determination of value and registration filed by the administration, the owner may:
Are negotiation meetings mandatory?
No, they are not mandatory. However, the administration often uses the negotiation process as a basis for its valuation.
The action is filed before the Civil Court of First Instance (Asliye Hukuk Mahkemesi) that has jurisdiction over the place where the immovable is located.
Below is the process in a professional table form:
|
Stage |
Description |
|
1. Receipt of Notification |
The action for registration filed by the administration is notified to the owner. |
|
2. 30-Day Period |
The owner must file the lawsuit and request an increase within 30 days. |
|
3. Petition and Evidence |
Comparable sales, private valuation reports and photographs are submitted. |
|
4. Expert Panel |
The court appoints a technical expert panel of 3 or 5 members. |
|
5. On-Site Inspection (Discovery) |
An on-site inspection is conducted on the immovable; the owner may attend. |
|
6. Expert Report |
The real value of the immovable is determined. |
|
7. Objections |
If the report is flawed, the lawyer submits a detailed objection. |
|
8. Supplementary Report or New Panel |
The court often obtains a second report. |
|
9. Final Decision |
The court determines the real value of the immovable. |
|
10. Payment |
The administration pays the difference plus interest. |
When conducting the valuation, the expert panel considers the following criteria:
1) Zoning Status of the Immovable
Is it a building plot, agricultural land, residential area or commercial zone?
2) Comparable Sales
Errors in the selection of comparables are the leading cause of loss of value.
3) Location of the Immovable
4) Fixtures and Improvements on the Land
These are often ignored in administrative valuations; when properly taken into account in court, they can lead to significant increases.
5) Valuation of Income-Generating Immovables
6) Potential (Future) Value of the Plot
The “future value” criterion has become much more important after the amendments introduced by Law No. 4650.
The action for increase of expropriation compensation is the strongest compensation mechanism for owners who have been victimized by low valuations made by the administration.
In Ankara, especially in districts such as:
where expropriation procedures are very frequent, owners can obtain much higher compensation by filing such lawsuits.
This lawsuit is a technical and specialized process; when conducted by a professional expropriation lawyer, loss of rights can be completely prevented.
If the administration intervenes in an immovable without carrying out a formal expropriation procedure, this is called de facto taking.
Types of de facto taking include:
The owner may file:
In the case-law of the Constitutional Court and the Council of State, de facto taking is considered a serious violation of fundamental rights, particularly the right to property.
The main reasons for the high number of expropriations in Ankara are:
For these reasons, the need for lawyers specialized in expropriation law is particularly high in Ankara.
What Should You Do If You Receive an Expropriation Notice?
Expropriation law is a technical and highly specialized field. Any mistake may lead to losses amounting to millions of lira.
Although expropriation is guaranteed under the Constitution, owners are often victimized due to errors and omissions by the administration. In expropriation procedures carried out in Ankara, follow-up by a specialized lawyer ensures both the acceleration of the process and that the immovable is valued at its real market value.
If you have received an expropriation notice or if there has been a de facto taking of your property, obtaining professional legal assistance from the very beginning of the process is of vital importance.
1. What is expropriation? Can the State expropriate any property it wants?
Expropriation is the process by which the State or public legal entities acquire privately owned immovable property for the public interest, by paying its real value, and transfer its ownership to the administration.
The State cannot arbitrarily expropriate “any place it wants”. For a lawful expropriation, the following are required:
Otherwise, the expropriation procedure may be challenged by way of an action for annulment.
2. How and when will the expropriation decision be notified to me?
After the administration adopts the expropriation decision and determines the compensation:
The date on which you receive the notification is the critical date on which time limits begin to run for both the action for annulment and the action for increase of expropriation compensation.
3. What should I do first when I receive an expropriation notice?
First of all, without panicking, it is very important to follow these steps:
4. What can I do if I am not satisfied with the expropriation compensation?
If you believe that the compensation offered by the administration or determined by the court is below the real market value, you may:
Time limits are extremely important for filing this action; generally, there is a 30-day period starting from the date of notification.
5. Can the expropriation procedure be completely annulled?
Yes. In the following cases, an action for annulment of the expropriation may be filed and the procedure may be completely set aside:
If the action for annulment is accepted, the property remains registered in the owner’s name and the expropriation procedure becomes invalid.
6. Within what time period must an action for annulment of expropriation be filed?
An action must be filed within 30 days from the date on which the expropriation decision is notified to you. This is a preclusive time limit; if it is missed, the possibility of filing an action for annulment may be lost.
7. What is an action for increase of expropriation compensation and what does it provide?
An action for increase of expropriation compensation is a lawsuit filed by the owner when the compensation determined by the administration or the court does not reflect the real value of the property and is intended to have this amount increased.
Through this lawsuit:
8. What is the time limit in an action for increase of compensation?
Generally, the request for increase must be made within 30 days from the notification of the action for determination of value and registration filed by the administration. This time limit is also of critical importance.
9. Why are expert reports so important? Can they be challenged?
In expropriation cases, the court will always appoint an expert panel to determine the value of the property. The report evaluates:
If the expert report:
a detailed objection may be filed through your lawyer. In such a case, the court may request a supplementary report or appoint a new expert panel. In practice, strong and well-founded objections can lead to significant increases in compensation.
10. What is urgent expropriation? How does it differ from ordinary expropriation?
Urgent expropriation is an exceptional method used in projects such as emergency infrastructure, energy, road and dam projects to ensure that public services are not delayed.
Urgent expropriation decisions are often heavily debated and frequently become the subject of actions for annulment.
11. What is de facto taking (expropriation without formal procedure)? What are my rights?
When the administration, without carrying out any official expropriation procedure, physically intervenes in your property for the purposes of a road, park, infrastructure, facility etc., this is called “de facto taking” or expropriation without formal procedure.
In this case, the owner may file:
The Constitutional Court and the Council of State consider de facto taking to be a serious violation of the right to property.
12. Can I get my property back after expropriation?
In some cases, yes. In particular:
post-expropriation reacquisition rights and claims for compensation may arise. This is a technical issue that must be assessed on a case-by-case basis, depending on the facts and dates, and should be examined specifically by a lawyer.
13. Do I have to pay VAT or other taxes on the expropriation compensation?
In some cases, expropriation compensation may be subject to tax as capital gains (value increase); however, this depends on the nature of the property, the length of time it was held and the manner in which it is transferred.
Since the tax aspect is a separate area of expertise, it is advisable to evaluate the expropriation process together with a certified public accountant or tax law expert.
14. Why is expropriation so common in Ankara?
In Ankara, expropriation procedures frequently arise because of:
The rapid increase in property values makes disputes between owners and the administration even more visible.
15. Is it mandatory to hire a lawyer in the expropriation process? Why should I work with an expropriation lawyer?
Legally, it is not mandatory, but in practice it is almost as critical as an obligation. Because:
Therefore, especially for high-value properties, conducting the expropriation process from start to finish with an expropriation lawyer often results in differences of hundreds of thousands or even millions of lira in the final compensation.
16. How long does an expropriation case take?
Depending on factors such as:
actions for increase of expropriation compensation and actions for annulment generally conclude within 1 to 3 years. However, what really matters is to start the process with a strong and well-prepared case file.
17. What happens if I sell my property before the expropriation process begins?
If the intention to expropriate is already known when the property is sold:
In addition, in some cases, there may be extra consequences in terms of taxes, title deed fees and capital gains tax. When considering a sale during a period when expropriation is likely, it is best to obtain both legal and financial advice.
18. When should I seek legal advice about the expropriation process?
Ideally:
you should consult an expropriation lawyer. Because as the process progresses:
