The main legislation related to the expropriation is the Law on
Expropriation numbered 2942 and dated 04.11.1983.
("LoE") In order to conduct the public
services the administrations can expropriate the real estates,
resources and easement rights provided that their values are paid
in cash or installments.
The procedure of the expropriation is explained in the LoE in
detail but in this article we will mainly talk about the lawsuits
about value determination. The basic principle under the Turkish
expropriation regime is settlement; the parties are encouraged to
negotiate a settlement for the expropriation value.
What happens when the parties cannot reach a settlement?
In case the parties cannot reach a settlement about the value,
the administration shall apply to the court of first instance where
the real estate is located and shall request for the determination
of the expropriation value and registration of such real estate in
the name of the administration