The full text of a Constitutional Court decision was published
in Official Gazette number 29442 on 11 August 2015. The decision
holds that during a land expropriation, if a delay occurs between
determining the compensation amount and payment to the landowner,
interest and inflation should be taken into account and added
accordingly to ensure property rights are not violated.
In these circumstances, the applicants claimed their right to a
fair hearing and property rights had been violated on the basis
A different method had been applied
to calculate the expropriation amount compared to other law
A judgment on the dispute had not
been made within a reasonable period of time.
A loss of value had occurred due to
the length of time which elapsed between the determination and
The Constitutional Court rejected the applicant's first and
second claims. However, the Constitutional Court upheld the third
claim, determining that the applicant's property rights had
been violated by the loss of value.
The court noted that due to the public interests involved,
legislative principles must be applied and consideration paid when
expropriating properties from landlords. Accordingly, a
property's real value must be paid in cash and in advance. The
Constitutional Court went on to state that if payment is delayed,
the previously determined amount cannot be taken as the
property's real value. Rather, the administration must consider
interest and inflation, then compensate the difference to ensure
property owners do not receive unjust treatment.
The full text of the Constitutional Court's reasoned
decision can be found at this link (only available in Turkish).
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guide to the subject matter. Specialist advice should be sought
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