Expropriation Law

Expropriation law (kamulaştırma hukuku) governs the taking of private property by the state or public bodies for public purposes such as roads, dams, irrigation canals and energy lines. It is regulated mainly in the Expropriation Law No. 2942 (Kamulaştırma Kanunu). The central questions are whether the expropriation is lawful and whether the compensation reflects the real value of the property. Owners and heirs living abroad are often affected, particularly where agricultural land is jointly owned.

Scope of services

• Review of expropriation decisions and notifications
• Representation in the negotiation procedure with the administration (uzlaşma görüşmeleri)
• Valuation and registration actions (bedel tespiti ve tescil davası)
• Annulment actions against expropriation decisions before the administrative court (idare mahkemesi)
• Claims for de facto taking without expropriation (kamulaştırmasız el atma)
• Urgent expropriation procedures (acele kamulaştırma)
• Partial expropriations and loss of value of the remaining land
• Repurchase rights (geri alım hakkı) where the property is not used for the intended purpose

How does the process work?

1. The expropriation notice, land registry records and maps are reviewed.
2. The value of the property and the offer of the administration are assessed.
3. The negotiation meeting is attended; any agreement is examined before signature.
4. If no agreement is reached, the valuation action filed by the administration is followed and objections to the expert report are raised; where appropriate, an annulment action is filed.
5. The proceedings are followed until the compensation is paid or the dispute is resolved.

Frequently asked questions

Is there a deadline to challenge an expropriation?

Yes. Annulment actions against the expropriation decision and objections in the valuation action are subject to short statutory deadlines that begin with notification. The notification date should therefore be recorded and legal advice obtained promptly.

My land is being used for a public project but it was never expropriated. What can I do?

This is called a de facto taking (kamulaştırmasız el atma). Depending on the circumstances, the owner may claim compensation for the value of the land or for its use. Each case is assessed individually.

I live abroad and co-own inherited land. How am I notified?

Notifications may be made through announcements if an address cannot be found. Heirs abroad should first have the inheritance registered (intikal) and can appoint a lawyer by a power of attorney issued at a Turkish consulate or with an apostille.

For questions about an expropriation, please use our contact page.