De facto expropriation

What is de facto expropriation?

De facto expropriation (kamulaştırmasız el atma, “taking without expropriation”) occurs when the administration, without carrying out an expropriation, assigns a property to a public service such as a road, park or school, or builds facilities on it. The owner can claim the value (compensation) of the part taken from the administration; once the compensation is paid, the property is registered in the name of the administration. Different rules and a different court jurisdiction apply to properties that are merely designated as public areas in a zoning plan without being physically taken (“legal taking”); this tool is for physical takings.

The Court of Cassation holds that the compensation is determined by the value at the date of the lawsuit and thatstatutory interest runs from the date of the lawsuit on the amount awarded (Court of Cassation 5th Civil Chamber, 19.12.2024, E. 2024/4323, K. 2024/10220; Court of Cassation 5th Civil Chamber, 04.03.2026, E. 2026/883, K. 2026/3938). The value is determined according to the character of the property at the date of the taking, but as at the date of the lawsuit.

For takings that occurred between 9 October 1956 and 4 November 1983, applying first to the administration for asettlement (uzlaşma) is a precondition for the lawsuit; if no settlement is reached, the action for determination of compensation must be filed within three months of the record of non-settlement. In these lawsuits the court fee and attorney fee are fixed amounts (Expropriation Law (KamK) provisional art. 6).