TurkishT.R.
SUPREME COURT
Law office
MAIN NUMBER: 2013/24741
DECISION NO: 2014/13282
SUPREME COURT DECİSİON
PLAINTIFF: General Directorate of Highways Deputy Atty.Derya Ayın Çördük
DEFENDANT : —————- Deputy Attorney Şaziye İrem Tandoğar
With the petitions submitted by the attorneys of the parties, the attorneys of the parties requested the Supreme Court to examine the above-mentioned decision regarding the determination of the expropriation cost based on Article 10 of the Expropriation Law No. 2942, as amended by the Law No. 4650, and the acceptance of the case for the removal of the expropriated real estate from the title deed as a road, between the parties, and the defendant’s attorney requested a hearing in the petition of appeal. However, the hearing started on the appointed day of 13.05.2014, in front of the appellant party’s attorneys, and after the oral statements of the parties were heard, the papers in the file were read and the dispute was understood, the necessary discussions were made.
– DECISION –
The case is about the determination of the expropriation cost based on Article 10 of the Expropriation Law No. 2942, as amended by Law No. 4650, and the request for the removal of the expropriated real estate from the title deed as a road.
The court decided to accept the case; The verdict was appealed by the attorneys of the parties.
An expert examination was conducted. Valuing land-like real estate based on the income method is correct in terms of method. However;
1) In the price determination and registration case filed in accordance with the 10th article of the Expropriation Law no. 2942, as amended by the law no. 4650, the evaluation must be made based on the date of the case, according to the 15th/last article of the same law.
Since the appeal objections of the party attorneys were valid, it was unanimously decided to REVERSE the verdict in accordance with Article 428 of the Code of Civil Procedure, for the reason explained.