The authority first tries to acquire your property by purchase, that is, through negotiation. If no agreement is reached, under Expropriation Law (KamK) art. 10 it applies to the civil court of first instance (asliye hukuk mahkemesi) where the property is located and asks the court to determine the compensation (bedel tespiti) and to register the property in the authority’s name.
In this lawsuit the owner is the defendant. The court sends the owner an annotated summons (meşruhatlı davetiye) together with the statement of claim and documents. Owners whose address cannot be found are served by public announcement.
Time limits that start when the summons arrives
10 days: defence and evidence. All defences and evidence concerning the value of the property must be submitted to the court in writing within ten days of service. Every factor that would increase the compensation, such as comparable sales, the zoning status of the property, the buildings and trees on it and its income-generating capacity, should be put forward at this stage.
30 days: lawsuit against the expropriation itself. If you are challenging the expropriation itself, that is, the public-interest decision or the lawfulness of the procedure, an annulment action can be filed with the administrative court within thirty days of service or announcement (art. 14). Within the same period, an action for correction can be filed in the civil courts for clerical errors in the land registry record, surface area or owner details. If the filing of the annulment action is not proven to the court hearing the compensation case, the expropriation becomes final.
How does the case proceed?
- First hearing: The judge invites the parties to agree on the compensation. If they agree, that amount is accepted as the expropriation compensation.
- On-site inspection and experts: If there is no agreement, an on-site inspection (keşif) is carried out at the property. The experts submit their report within fifteen days. The report is served on the parties without waiting for the hearing.
- Objections: Objections to the report are heard at the hearing. If necessary, a new panel of experts is appointed.
- Judgment: The judge determines fair and equitable compensation. The authority deposits this amount with a bank and the property is registered in the authority’s name.
The order for registration is final, but the right to appeal (istinaf) and to appeal to the Court of Cassation (temyiz) regarding the compensation is reserved.
If the property was taken without expropriation
If the authority is actually using the property without carrying out an expropriation (for example, by running a road, canal or pipeline across it), the owner can file a compensation lawsuit for de facto expropriation (kamulaştırmasız el atma). This situation requires a separate analysis.
This article is for general information only and is not legal advice. For your specific situation, please seek advice from a lawyer.