The Turkish Constitutional Court recently ruled that building an
energy transmission line on a part of the property of the applicant
without expropriating, violates the constitutional property
right.
The owner of the concerning land claimed that he was unable to
conduct any further construction on his land due to the energy
transmission line built by the administration. The applicant filed
a compensation action against the administration claiming,
- the exact remuneration for the land
part under the energy transmission line, and
- compensation for the decrease in the
value of the immovable.
The court of first instance decided to establish and register a
right of easement for the defendant administration and ruled on a
compensation in favour of the applicant.
