• Condemnation (Expropriation) Law Suits
  • Limitation of Immovable Because of Public Improvement Applications and Administrative Law suits
  • Application To European Court of Human Rights
  • Real estate acquisiton of foreign real persons in Turkey
  • Protection of Brands and Unfair Competition
     
    Condemnation (Expropriation) Law Suits
     

    Condemnation is confiscation of private property rights of citizens without their consent by agency and institutes of the State.

    It is often applied in three ways;

    1.Condemnation
    2.Confiscating without condemnation

    3.Public improvement application and conversion result into charge

    CONDEMNATION:
    Condemnation Act was amended on April 24, 2001. The most important case occurred as a conclusion of this amendment is that, differently from the old act, first of all the institution that makes condemnation will offer the charge determined by Condemnation Valuation commission to the title holder due article 8. If the owner accepts this agreement, condemnation agreement record is arranged and signed, and payment is made following conveyance of title at land office. If the agreement is not accepted, the institution that makes condemnation does not make any payment to the owner without exception of the charge it fixed.
    The biggest error regarding this case is that; the owner citizens suppose that he will bring a law suit for charge augmentation after the institution transfers the amount to his account, as it were in old condemnation act. However the new act has absolutely abolished this issue. Ever after, in the event of no agreement, the institution that makes condemnation does not transfer money to the owner’s name and demands from the Court by bringing a suit for determination of charge and registration of immovable on its name. The owner is in the position of defendant at this condemnation law suit, so he should seek his right and submit evidences regarding the present situation and value of the location to the Court. Following collection of all evidences, viewings are made separately for often 1 or 2 times, exceptionally 3 times, on site by the immovable, value of the whole innovation such as building, tree, wall, etc. if any is fixed by the judge of the Court that evaluated export reports received after viewings, and when hereby charge is blocked to the bank by plaintiff administration that makes condemnation, the Court adjudges to transfer of the blocked amount to owner and registry of title on the name of administrative organ. Both owner and Administration that makes condemnation have rights for opposition to the charge appraised by the Court through way of appeal.

    CONFISCATING WITHOUT CONDEMNATION: It is confiscating of public institution to privately owned locations without condemnation without consent of the people. In this situation, the administration institution can be brought a non-intervention law suit against along with adequate pay or for the purpose of payment of the confiscated location’s charge law suit for confiscating without condemnation can be brought by the owner.

    PUBLIC IMPROVEMENT APPLICATION: In this way public institutions especially the municipalities, make adjoining on lands by using their rights of disposition on privately owned immovable or arrangements by shifting location of the person where he is the owner to another place, and also they take more than the area of immovable outside of limited m2 extents (arrangement partnership interest) they take free of charge by their legal rights.
    The aggrieved owners can demand cancellation of the carried out application from the Administrative Courts, and collection of m2 extents taken in excess from the immovable from the Civil Court of First Instance by bringing law suits against these public improvement application proceedings and condemnations called conversion into charge.

    INFORMATION: These presented information are general information and in case of any suit it is necessary to be consulted by an authorized person or jurist. No responsibility that will arise is taken because of modification of practices of events and conditions.
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