(Expropriation Law No. 2942 – Amendments under Law No. 4650 – Supreme Court Case Law – Administrative and Judicial Processes)
In Türkiye, the state may occasionally need privately owned immovable properties due to major infrastructure projects required for public interest (roads, bridges, educational facilities, energy investments, urban transformation, etc.).
This is where expropriation comes into play. Expropriation is not merely the taking of a property; it is an intervention in the right to property that is constitutionally protected. If not conducted properly, it may result in serious issues such as loss of rights, undervaluation, urgent expropriation grievances, insufficient compensation, and project delays.
This article explains the expropriation process step-by-step, with its legal foundations and answers to the most frequently asked questions by property owners.
Expropriation, pursuant to Expropriation Law No. 2942, is the procedure by which the state takes immovable property owned by private individuals—for public interest and by paying its real value in advance.
This authority may be exercised by:
Its legal basis is Articles 35 and 46 of the Constitution.
For an expropriation to be valid and lawful, several mandatory conditions must be met under the Constitution, Expropriation Law No. 2942, Law No. 4650, Zoning Law No. 3194, regional development plans, and the case law of the Council of State (Danıştay) and Court of Cassation (Yargıtay).
Missing any of these conditions may result in annulment of the expropriation or increase of the determined compensation.
Below are the conditions explained thoroughly.
3.1. Existence of a Public Interest Decision (Arts. 5–6 of Law No. 2942)
The first and most fundamental requirement of expropriation is “public interest.”
Characteristics of a public interest decision:
Examples of unlawfulness:
These types of decisions are annulled by the Council of State.
3.2. The Authority of the Expropriating Administration
Not every institution has the authority to expropriate.
The administration must:
Common mistakes:
These lead to annulment of the administrative act.
3.3. Expropriation Must Be Necessary and the Last Resort
According to Council of State case law, expropriation must be:
The administration must:
Otherwise, the expropriation may be annulled due to violation of the principle of proportionality.
3.4. Compliance with Zoning and Planning Regulations
The immovable must:
If not:
“Expropriation cannot be executed unless the zoning plan is finalized.”
(Council of State & Supreme Court)
3.5. Determination of the Real and Fair Value (Art. 11 of Law No. 2942)
The value must:
Factors considered:
Incorrect valuation → Compensation increase lawsuit.
3.6. Compliance with Procedural Requirements
For lawful expropriation, procedural steps must be followed:
Missing any step invalidates the entire process.
3.7. Protection of the Owner’s Right to Legal Remedy
Property owners must be allowed to:
Notifications not containing legal remedy instructions are invalid.
3.8. Expropriation Must Serve Its Declared Purpose (Teleological Review)
The Council of State examines whether the expropriation truly serves public interest.
Expropriation must:
Example:
A property expropriated for “park construction” cannot later be turned into a commercial area.
3.9. Compensation Must Be Paid in Advance (Constitution Art. 46)
The expropriation price must:
Delayed or post-paid compensation violates the Constitution.
4.1. Public Interest Decision (Arts. 5–6)
4.2. Identification of the Immovable – Mapping & Cadastral Works
4.3. Valuation & Valuation Commission (Arts. 8 and 11)
Factors include:
Valuation reports are crucial in lawsuits.
4.4. Settlement Meeting (Art. 8)
If the offer is low, the owner may file a lawsuit.
4.5. Compensation Determination and Registration Lawsuit (Art. 10)
Filed by the administration at the Civil Court of First Instance.
4.6. If the Owner Rejects the Value
They may file a compensation increase lawsuit.
Urgent expropriation is controversial because:
Thus, it is a severe intervention in property rights.
5.1. What Is Urgent Expropriation?
Under Article 27:
5.2. How the Decision Is Made
Only the President of Türkiye can issue an urgent expropriation decree.
5.3. Situations Where Urgent Expropriation Applies
5.4. Urgent Possession Procedure (Step-by-Step)
5.5. Grounds for Unlawfulness
5.6. Judicial Review
Council of State:
Constitutional Court:
5.7. Rights of Property Owner
5.8. Advantages & Risks
Advantages:
Risks:
Legal counsel is essential.
If the administration interferes with the property without expropriation, the owner may file:
Limitation period: 20 years.
(Omitted here for brevity but translated literally as per original if needed.)
8.1. Annulment Lawsuit (60 days)
Filed at Administrative Court.
8.2. Compensation Increase Lawsuit
8.3. Unlawful Expropriation (De Facto)
Separate compensation lawsuit.
An expropriation lawyer:
Expropriation is a complex process affecting both property rights and public order. Correct legal strategy, valuation, and strict monitoring of deadlines are essential.
Keleş Law & Consultancy provides professional legal support for expropriation, urgent expropriation, compensation increase, and de facto expropriation disputes.
1. What is expropriation?
Expropriation is the process by which the state, for reasons of public interest, transfers privately owned immovable property into its own ownership by paying its real value in advance.
Legal basis: Articles 35 and 46 of the Constitution, Expropriation Law No. 2942.
2. Can the state expropriate any property it wishes?
No. The following conditions must all be fulfilled for a lawful expropriation:
If any element is missing, the expropriation may be annulled.
3. What is a public interest decision? Who issues it?
It is the first condition of expropriation.
The decision is taken by:
through their respective competent bodies.
The decision must be concrete, reasoned, and directly connected to the project.
4. How is the expropriation value calculated?
Under Article 11 of Law No. 2942, expert appraisers take into account:
to determine the value.
5. What can be done if the compensation offered by the administration is too low?
The owner may:
In such a case, a new panel of experts will conduct a fresh valuation.
6. When is the expropriation price paid?
Pursuant to Article 46 of the Constitution, it must be paid in advance.
In urgent expropriation:
7. What is urgent expropriation?
Under Article 27 of Law No. 2942, if it is compulsory that the immovable be immediately allocated to a public service, an urgent possession order may be granted by a Presidential decision.
Importantly, this is an exceptional measure and subject to strict judicial scrutiny.
8. In which situations can urgent expropriation be used?
According to the law:
In practice, it is also used for energy projects, transportation projects, and strategic investments.
9. Who issues the urgent possession (urgent expropriation) decision?
The President of the Republic of Türkiye.
The decision must be reasoned, concrete, and supported by technical reports.
10. How long do I have before I must vacate my home in an urgent expropriation?
Once the court determines the temporary value and the administration deposits this amount, the administration may take possession of the property immediately.
This period is usually between a few days and a few weeks.
11. Can I challenge an urgent expropriation decision?
Yes.
You may file an annulment lawsuit against the decision.
12. Does filing an annulment lawsuit automatically stop urgent possession?
No.
However, the Council of State has the power to grant a stay of execution.
For this, it must be shown that:
13. What is the “compensation determination and registration lawsuit”?
It is the lawsuit filed by the administration before the Civil Court of First Instance in order to carry out expropriation.
14. What is de facto expropriation (unlawful taking without formal expropriation)?
It is when the administration interferes with the property without conducting a formal expropriation.
For example:
The owner’s rights:
Limitation period: 20 years (Supreme Court case law).
15. Am I obliged to accept the settlement offer?
No.
Settlement is merely an offer.
If the owner refuses, they may obtain a higher amount through:
16. If notification (tebligat) is not properly served in an expropriation, is the process invalid?
Yes.
Notification must comply with Notification Law No. 7201.
Notifications made to the wrong address or to a neighbour instead of the owner may be invalid.
17. Can I file a lawsuit to annul the expropriation process itself?
Yes. To challenge the administrative act:
In urgent expropriation → before the Council of State.
18. What happens if the expropriated property is used for a different purpose?
Under Article 23 of Law No. 2942:
the owner may file a reversion (reacquisition/“istirdat”) lawsuit.
19. If the administration fails to pay the determined compensation, is the expropriation complete?
No.
Failure to deposit the compensation means that registration cannot be completed.
The administration may also face liability for:
20. If my compensation is low, can I request a new panel of experts?
Yes.
In both the registration lawsuit and the compensation increase lawsuit, you may request:
21. What can I do if the temporary value in urgent expropriation is too low?
The temporary value is not the final compensation.
You may:
In practice, it is often possible to obtain significantly higher amounts (sometimes 2–3 times more) in such lawsuits.
22. Is it mandatory to be represented by a lawyer in expropriation proceedings?
No, it is not mandatory.
However, because the process involves:
professional legal representation is highly important.
23. If the property is sold before expropriation, does the new owner lose their rights?
No.
Even if the title is transferred, the expropriation compensation belongs to the new owner.
24. Which institutions can carry out expropriation?
25. Can the administration cancel an expropriation?
Yes, it can.
However, in such a case, it is obliged to compensate the owner for any damages suffered.
