Turkish
STARTING PHASE OF THE CANCELLATION PROCESS OF EXPROPRIATION PROCESS
For the immovable property for which an expropriation decision has been taken, the administration first meets with the owner of the immovable property in accordance with the purchasing procedure. If an agreement cannot be reached between the administration and the real estate owner in the purchasing procedure, the administration files a Price Determination and Registration case against the real estate owner in the Civil Court of First Instance where the real estate is located, in accordance with Article 10 of Law No. 2942.
Article 10 of Law No. 2942 titled “Determination of the expropriation cost by the court and registration of the immovable property in the name of the administration” – (Amended: 24/4/2001 – 4650/5 art.) If the expropriation cannot be carried out by the purchasing method, the administration shall use the information and documents collected according to Article 7. It shall apply to the civil court of first instance where the immovable property is located, by adding the price determination made in accordance with Article 1 and other information and documents on this matter to a petition, and upon determination of the expropriation cost of the immovable property, in return for payment of this price in cash or in installments if the expropriation is made in accordance with the second paragraph of Article 3. requests a decision to register it on behalf of the administration.
The court may decide on the hearing date set by the administration for at least thirty days after the date of application, by sending a letter of invitation to the owner of the immovable property, with the petition and a copy of the documents given by the administration, or to those whose addresses cannot be found as a result of the research conducted by the administration, in accordance with the Notification Law No. 7201 dated 11.2.1959. In accordance with Article 28, it invites you to attend the hearing by notifying it through announcement. The administration is also notified on the hearing day. In the invitation to be issued directly to the owner by the court or in the notification to be made through announcement;
a) The place, location, section, block, parcel number, quality and surface area where the immovable property to be expropriated is registered in the title deed.
b) Names and surnames of the owner or owners,
c) The name of the administration that carried out the expropriation,
d) Within the period stipulated in Article 14, starting from the date of notification or announcement, they may file a lawsuit for annulment of the expropriation transaction in the administrative jurisdiction or for correction of material errors in the judicial jurisdiction,
e) To whom the hostility will be directed in the lawsuits to be filed,
f) Within the period stipulated in Article 14, if those who file an annulment lawsuit in the administrative jurisdiction against the expropriation process do not document that they filed a lawsuit and decided to stay the execution, the expropriation process will be finalized and the immovable property will be registered in the name of the expropriating administration based on the expropriation fee determined by the court,
g) To which bank the expropriation fee determined by the court will be deposited on behalf of the rightful owner,
h) It is stated that they must notify the court in writing of all defense and evidence regarding the subject and the value of the immovable property within ten days from the date of notification. By the court, if a local newspaper is published where the immovable property to be expropriated is located, the summary of the expropriation and documents will be published at least once in one of these local newspapers and in one of the newspapers published throughout Turkey.
PERIOD FOR OPENING A CANCELLATION CASE
Article 14 of Law No. 2942 titled Right to Sue – (Amended: 24/4/2001 – 4650/7 art.) Within thirty days from the date of notification made by the court in accordance with Article 10 by the owner of the immovable property subject to expropriation, and from the date of the announcement made by the court in the newspaper to replace notification to those who cannot be notified, a lawsuit for annulment of the expropriation can be filed in the administrative jurisdiction, and a lawsuit for correction can be filed in the judicial jurisdiction against material errors.Cases filed in the administrative judiciary are heard first.
In case of participation or joint ownership, stakeholders have sole right to sue. The results of lawsuits filed do not affect those who did not file a lawsuit.
As can be clearly understood from the text of the law, in order to file a suit for determination of the price and registration by the Administration, first of all, 5.6.7. The conditions stipulated in Articles 8 and 8 must be met. If these procedures are not carried out or are carried out incompletely, the lawsuit to be filed will be rejected due to the lack of prerequisites. In the case to be filed in accordance with Article 10 of Law No. 2942, the plaintiff Administration must attach the following information and documents to each copy of the petition prepared by one more than the number of defendants;
-Public interest decision,
-If the public interest decision is subject to approval, the approval of the competent authority,
-The title deed record and diameter of the real estate,
-A sketch of the real estate to be expropriated, with the expropriated area marked on it.
-5-7. All information and documents obtained under the heading “collection of information about the property owner” as explained in the article descriptions,
-8. Notification documents and minutes stating that the purchasing procedure was tried in accordance with the article, but no compromise or negotiation could be achieved.
In accordance with Article 10 of Law No. 2942, in the case of determination and registration of the expropriation cost filed in the Civil Court of First Instance, as of the notification made by the court, the immovable owner defendant may file a lawsuit in the administrative court for the cancellation of the expropriation process within 30 days, in accordance with Article 14 of Law No. 2942. Despite the duly made notification, 30 This right of the real estate owner who does not file a lawsuit within the day is lost. In other words, he can no longer file a lawsuit for the annulment of expropriation.
According to Article 14 of Law No. 2942, if an annulment lawsuit has been filed, the expropriation process will not be finalized until the lawsuit is concluded or the filing period expires.
THE COURT IN CHARGE AND AUTHORITY FOR THE CANCELLATION CASE
If the expropriation decision has been taken by the Council of Ministers, the annulment case will be filed in the Council of State (DK, Art. 24/l-a). Against expropriation decisions taken by other administrations, the administrative court of the place where the real estate is located has jurisdiction (IYUK, art. 34/1).
The owner of the real estate must file a lawsuit against the expropriation in the administrative judiciary within the 30-day period and submit it to the civil court of first instance, stating that he/she has taken the decision to suspend the execution. If the court gives a decision to stay the execution and this is notified to the Civil Court of First Instance, this issue becomes a pending matter. In other words, the civil court of first instance has been opened to determine the price. and will keep the registration case pending until the case in administrative jurisdiction is concluded. If the expropriation process is annulled as a result of the annulment case in the administrative judiciary, the civil court of first instance will reject the administration’s request for price determination and registration of the real estate in the name of the administration.
Written by: Lawyer İrem Tandoğar Ekinci