Expropriation law is defined by expropriation process which is performed legitimately under the 46. Article of constitution and provisions of Expropriation Code (Law code. 2942). As stated in the 35. Article of constitution, every person has right of property and right of succession and these rights can only be restricted for the purpose of public welfare and by the way of legislation. Government and statutory bodies are authorized to expropriate and establish an easement on personal property partially or fully, in condition of pay cash its market value, in such cases when public welfare requires and in compliance with the principles and procedures stated in laws. Before the amendment of the Expropriation Code (Law code 4642), expropriated price was determined by the government body which performed expropriation. The party whose property is expropriated could bring a lawsuit in order to increase the expropriated price during the process. After the amendments of the Expropriation Code, the party who expropriate is also entitled to apply to the court for determination of price. In this case, the party whose property is expropriated should pursue the lawsuit and claim his/her rights to determine market value of his/her property.
Confiscating without expropriation is to confiscate permanently, allocate for public service or build a permanent facility with this purpose by voluntarily or involuntarily de facto occupation of a real estate which is owned by another person, by the statutory bodies who are authorized to expropriate but without expropriation. De facto confiscation, which inhibits the seisin of the owner, is carried out by the statutory body is called actual confiscation. Confiscating without expropriation is based on unlawful and nonprocedural act for which the expropriation does not have a legal basis. After legal expropriation and intervention of real estate, intervention of undetermined area or damaging the real estate with usage of remaining body of it while doing the legal expropriation act cause actual confiscating. In the event of jural confiscation, intervention without confiscation the real estate of private property, as a consequence of not putting the zoning plan into effect by municipality and acceptance of situation, causes legal disputes. When the owner loses his seisin on real estate because of confiscation of statutory body, citizens can bring an action against confiscating without expropriation.
Sahin Law Firm, pursues lawsuits about compensation, adequate pay, possessory and removal of facility in scope of confiscating without expropriation. Also, provides legal support in process of reconciliation meetings related to statutory body and preparing reconciliation reports.
Some of the services provided in this framework are listed below:
-Claim for damages filed in administrative justice,
-Claim for damages filed in judicial justice,
-Adequate pay lawsuits,
-Claim of preventing intervention and following procedures,
-Claim for annulment of creation (Reinstatement),
-Cases concerning the annulment of illegal administrative procedures,
-Cases arising from Administrative Contracts,
-Objections concerning registered structures and registry decisions in accordance with the law no. 2863 and following lawsuits.