Expropriation Remuneration and Registration Case

Expropriation is the administration’s seizure of the real estate subject to private property. The determination of the claim and the registration case is the case filed by the administration against the immovable property owners. Procedures and principles related to determination and registration cases are specified in the expropriation law no.

In expropriation compensation and registration cases, the case is opened at the Civil Court of First Instance at the place of the real estate.

How does the process work in Price Determination and Registration Cases?

The related administration or the Council of Ministers (The urgent expropriation decision) takes the decision of expropriation of the immovable property. Expropriation arises from the needs of the administration in a broad sense. In this sense, the lawsuits filed on the North Marmara Highway Project in Istanbul, the cases filed under the Terkos Dam Lake project, the restoration projects of the Fatih Municipality, are the claims of the administration and the registration cases.

After the expropriation decision, the Board issues an Asset Report on the immovable properties. In this report; The information about the real estate and the value of the property are specified. The administration invites the owners to reconcile their immovable property with the appropriate invitation. If the parties agree, there is no need to open a case. If the parties cannot negotiate, or if no notification is made to the party, the administration arranges the case for the immovable property and the place of immovable action in the Civil Court of First Instance. The court then gives the day of discovery and determines the value of the immovable property. The precedent decisions in expropriation cases are of utmost importance and they must be presented at this stage in order to increase the value of the immovable. In this sense, expert attorneys looking at real estate cases should be consulted.