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ARTICLE · 15 FEBRUARY 2011

The New Law on Property Expropriation

Hergüner Bilgen Üçer Attorney Partnership
Hergüner Bilgen Üçer Attorney Partnership
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Hergüner Bilgen Üçer Attorney Partnership

Hergüner Bilgen Üçer Attorney Partnership

Since 1989, Hergüner Bilgen Üçer has been recrafting the Turkish law firm model along modern...

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Following the decision of the Constitutional Court dated 10 April 2003, numbered E. 2002/112, K. 2003/33 that came into effect as of 4 November 2003, Article 38 of the Expropriation Law (Law No. 2942) – governing the twenty-year statute of limitations for claiming any unpaid expropriation price that was to be paid to a landowner or his successors – was annulled.

TurkeyReal Estate and Construction

Overview

Following the decision of the Constitutional Court dated 10 April 2003, numbered E. 2002/112, K. 2003/33 that came into effect as of 4 November 2003, Article 38 of the Expropriation Law (Law No. 2942) – governing the twenty-year statute of limitations for claiming any unpaid expropriation price that was to be paid to a landowner or his successors – was annulled. Consequently, the twenty-year statute of limitations that ran from the date on which the Expropriation Law was enacted, 4 November 1983, was abolished. However, the Constitutional Court's annulment decision created a lacuna in the process for filing a compensation lawsuit for prior expropriations, and the government thus initiated the process of drafting a new regulatory scheme for unpaid expropriations carried out between 9 October 1956 and 4 November 1983.

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