ARTICLE
25 January 2018

Turkish Constitutional Court: Balance Must be Struck Between Public Benefit and Individual Interests When Determining Compensation for Expropriations

MA
Moroglu Arseven

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The Turkish Constitutional Court recently considered a claim that property rights had been violated by insufficient compensation being paid for the decreased value of an applicant's property.
Turkey Real Estate and Construction

The Turkish Constitutional Court recently considered a claim that property rights had been violated by insufficient compensation being paid for the decreased value of an applicant's property. The court underlined that a fair balance must be established between the public benefit and the individual's interests.

The Constitutional Court stated that if adequate compensation is not paid to cover decreased property value, the state's intervention cannot be considered as proportional and this would constitute a violation of the property right.

Please see this link for the full text of the Turkish Constitutional Court's decision dated 26 October 2017 and numbered 2014/18103 (Only available in Turkish).

Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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