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How Expropriation Works in Turkey

Did you know that the government or legal entities have the authority to expropriate your property if it is determined to be in the public interest? The process of acquiring a portion or all of the properties classified under private ownership, known as real estate expropriation.

Expropriation, also known as eminent domain, is the legal process through which the government or authorized entities acquire privately owned property for public use. It is typically carried out when there is a pressing need for land or real estate to serve a public interest, such as infrastructure development, urban planning, or the construction of public facilities like roads, schools, or hospitals.

What if we refuse the offer?

When the expropriation process is completed, the value assigned to the property is determined by the Ministry of Public Works and Settlement. The property owner is not obligated to accept the offered amount. If the expropriation value is not acceptable to the property owner, they can object to the process and apply to the court. The court appoints an expert who visits the property location and conducts a comprehensive evaluation to determine the value of the property. Factors such as the location, condition, size, and environmental factors of the property are examined, and a final decision is reached based on this report. If the property owner has previously accepted the amount and later changes their decision, they cannot resort to any legal recourse.

Expropriation cases are initiated by the authority requesting the property, and the expenses are covered by the authority. These cases typically take less time than regular lawsuits and are concluded within approximately 10 to 12 months. Until the legal process is concluded, the property owner is not obliged to vacate or stop using the immovable property.

Is it Possible to get the property back?

If the expropriation process is accepted, the payment is made to the property owner. However, if the acquiring authority does not take any action on the property within the following 5 years after this decision, it is possible to buy back the property. However, applications can only be accepted within 1 year, and the property can be repurchased by adding the interest accrued during this period in addition to the original amount. In conclusion, it is worth noting that expropriation is a complex and highly regulated procedure that is subject to strict legal guidelines. Understanding the expropriation process and seeking professional advice can help property owners navigate through this complex legal procedure.

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