Turkish Constitutional Court: The Crossover Bridge Causing Decrease İn Immovable's Value Violates The Right To Property

The Turkish Constitutional Court ruled that the crossover bridge built near an immovable decreases the immovable's value due to noise pollution, and therefore violates the owner's right to property.

The applicant applied to the General Directorate of Highways for compensation of her loss due to adverse effects incurred by her immovable as a result of the crossover bridge built near her immovable. Her application was rejected so she filed a lawsuit before the administrative court.

The applicant claimed pecuniary compensation with legal interest starting from the date of application to the administration alleging that the noise pollution has increased and the view of her immovable was blocked because of the crossover bridge.