Expropriation and De Facto Expropriation Law
The right to property, guaranteed by the Constitution and international conventions, is a delicate constitutional balance that can be restricted by the state’s supreme authority where public interest necessitates, yet requires the full payment of the individual’s rights and property value in this process. Expropriation Law is a sub-branch of administrative and property law requiring high specialization, covering the processes of the state or public legal entities seizing real estate for public interest, compensation determination lawsuits, and compensation claims arising from unlawful seizures. Our firm provides end-to-end legal consultancy and litigation services to property owners, investors, and companies—ranging from the beginning of expropriation procedures to compensation determination, registration, and de facto expropriation lawsuits.
Filing annulment actions against the administration’s irregular expropriation decisions, conducting compensation increase lawsuits against real estate values being determined far below reality, and managing compensation processes in cases of legal/de facto seizure constitute our core areas of expertise. We ensure that the right to property is not sacrificed to administrative arbitrariness, and that fair indemnification and property security are fully established.
Our core services in the practice area of Expropriation and De Facto Expropriation Law include:
- Filing and tracking “Annulment and Stay of Execution” lawsuits before Administrative Courts against ordinary and urgent expropriation decisions.
- Defending the rights of property owners and managing compensation increase processes in Expropriation Price Determination and Registration lawsuits conducted before Civil Courts of First Instance.
- Filing “De Facto / Legal Expropriation” (Kamulaştırmasız El Atma) compensation lawsuits and execution proceedings in the event that the administration seizes real estate without a court order or irregularly.
- Executing compensation and price determination processes due to legal seizure (zoning restrictions) for real estate falling into public service areas (parks, schools, roads, etc.) in zoning plans.
- Securing legal interest and compensation rights in cases where the expropriation price is not paid on time or is paid deficiently.