Expropriation and De Facto Expropriation Actions
Legal support in Antalya and across Türkiye on expropriation compensation, urgent and partial expropriation, easements, and physical and legal encroachment.
Expropriation is the transfer to the administration, for the purpose of the public interest and by following the procedure prescribed by law, of the whole or a part of an immovable property in private ownership or of an easement to be established over the property. Within the constitutional framework, this power must rest on the public interest, be exercised in accordance with the statutory procedure, and the real value of the property must be paid. De facto expropriation (kamulaştırmasız el atma), on the other hand, refers to cases in which the administration physically interferes with the property without completing the expropriation procedures, or restricts the right of ownership by a zoning decision to such an extent that it cannot be used for a long period.
Güneş & Güneş Law Firm provides legal services to property owners, heirs, co-owners and institutional rightholders in the legal review of the expropriation procedure, determination of the expropriation compensation, objection to the price offer and to expert reports, urgent and partial expropriation, expropriation of easements, physical de facto expropriation, legal encroachment arising from a zoning plan, prevention of interference, claims for compensation and damages, and in the processes of enforcing judgments.
In these disputes, the correct legal avenue may vary according to the title deed and zoning status of the property, the nature of the public service, the existence of the expropriation decision and of service of notice, the scope of the actual use, the date on which the zoning plan entered into force, the date of the encroachment and the responsible administration. The examination of the compensation is also not limited to the price per square meter; the character of the property as a plot or land, comparable sales, net income, buildings and installations, trees and crops, zoning rights, location, loss of value in the remaining part and the effect of the easement on the property are assessed together.
If an expropriation notice, a court summons, an urgent expropriation decision or an administrative act has reached you, the time-limit review should not be delayed. Special thirty-day periods may apply for certain annulment and correction avenues. In physical and legal encroachment, the competent branch of the judiciary, the type of claim and the time-limit regime must be determined separately according to the date of the specific case and the current legislation.
Request a Legal Assessment for Your Expropriation File
Procedures and Actions We Handle in the Field of Expropriation and De Facto Expropriation
Reviewing the Expropriation Decision and the Public Interest Procedures
- Determining the duty and authority of the administration carrying out the expropriation
- Reviewing the public interest decision, the approval procedure and the expropriation decision
- Assessing the purpose and scope of the expropriation and its connection with the property
- Checking the expropriation plan, route, parcel list and project documents
- Assessing the elements of sufficient appropriation, procedure, form, cause, subject and purpose
- Examining whether it is necessary to take the whole of the property
- Assessing whether there are options that interfere less with the right of ownership
- Determining the administrative application and lawsuit avenues against the public interest or expropriation decision
The adequacy of the expropriation compensation does not by itself make the expropriation procedure lawful. The lawfulness of the procedure in terms of the public interest, authority and procedure, and the price of the property, may be the subject of different areas of judicial review.
Purchase Procedure, Price Offer and Settlement Negotiations
- Reviewing the administration's valuation report and written purchase offer
- Carrying out a preliminary value analysis with title deed, zoning, comparable sales and market data
- Preparing for bargaining and settlement negotiations, and legal representation
- Checking the settlement record, conveyance, payment and title deed transfer conditions
- Assessing the options of partial transfer, easement or an alternative route
- Determining the parties and the payment structure for properties with co-ownership, inheritance, attachment, mortgage and usufruct
- Preparing for the compensation determination and registration process if the offer is not accepted
The purchase negotiation is a preliminary stage. Acceptance or rejection of the offer may have consequences for the price, the transfer of ownership, taxes and encumbrances as well as for the legal avenues that can be used later. Before the record is signed, the real condition of the property and the legal effect of the document must be examined together.
Annulment Actions Against the Expropriation Procedure
- Reviewing the lawfulness of the public interest and expropriation decision
- Determining the grounds for annulment in terms of authority, form, cause, subject and purpose
- Examining the choice of route and location in terms of the public interest, necessity and proportionality
- Assessing the claims that the property is not required for the project or that a heavier interference has been made
- Calculating the time limit for the action on the basis of the service and announcement dates
- Preparing the request for a stay of execution with concrete harm and the grounds of unlawfulness
- Simultaneous management of the annulment action in the administrative courts and the compensation determination and registration action in the ordinary courts
- Regional appeal and, where the conditions are met, appeal to the Court of Cassation
The annulment action that reviews the lawfulness of the expropriation and the proceedings concerning the determination of the compensation are not the same action. Recent decisions of the Constitutional Court have shown that the annulment review in the administrative courts and the registration process in the ordinary courts must be effectively linked. For this reason, when notice is received, a strategy must be built for both files together.
Actions for Determination of the Expropriation Compensation and Registration of the Property in the Name of the Administration
- Representing the owner or rightholders in the action for determination of compensation and registration filed by the administration
- Reviewing the petition, the summons with explanatory notes (meşruhatlı davetiye) and the expropriation documents
- Determining the legal character of the property and the correct valuation method
- Submitting comparable sales, agricultural income, building cost and objective value elements to the file
- Managing the on-site examination, the expert examination, supplementary report and new expert requests
- Correcting erroneous surface area, share, owner, classification and other factual records
- Following the deposit of the compensation in the bank, its payment to rightholders and the registration procedures
- Assessing claims concerning interest, loss of value, appeal and enforcement of the judgment
The disputes that are popularly searched for as “action to increase the expropriation compensation” or “objection to the expropriation compensation” are, in the current system, mostly conducted through objections to the valuation method, the comparables and the expert report in the action for determination and registration of the expropriation compensation filed by the administration. Whether there is a separate action or claim in the specific file is determined according to the date of the transaction and the legislation to be applied.
Calculating the Expropriation Compensation and Objecting to Expert Reports
- Determining whether the property is a plot, land, building, spring or of a different character
- Researching comparable sales of plots that have no special purpose
- Comparing comparables with regard to date, location, surface area, zoning right and sale conditions
- Examining the crop pattern, yield, price, production cost and capitalization rate in land
- Assessing the official unit cost, building class, age, depreciation and completion rate in buildings
- Calculating the value of trees, crops, wells, irrigation systems, retaining walls and other fixed installations
- Presenting access, infrastructure, proximity to settlement and the property-specific objective value elements
- Examining the zoning, cadastre, topography and actual use data affecting the value of the property
- Preparing a detailed objection to insufficient, contradictory or unverifiable expert reports
The method used to reach the real value must be appropriate to the legal character of the property. Selecting unrelated or special-purpose sales as comparables for a plot; using unrealistic crop, cost or capitalization data on agricultural land; and incompletely measuring buildings and appurtenances may directly affect the expropriation compensation.
Values of Plots, Land, Buildings, Trees and Fixed Installations
- Assessing the plot–land distinction by taking into account the zoning plan, municipal services and actual use
- Determining residences, business premises, tourism facilities, industrial buildings and appurtenances
- Technical examination of agricultural structures, greenhouses, wells, irrigation and energy systems
- Recording fruit trees, standing crops and harvest values
- Comparing the construction permit, project, occupancy permit and the actual condition
- Examining the effect of unpermitted or project-violating structures on the compensation and damages calculation
- Assessing the effect of leasing, operation and commercial use on the character of the property
The classification in the title deed may not alone be decisive for the valuation. The legal and actual condition of the property on the valuation date, the plan decisions and the relevant case law must be addressed together.
Urgent Expropriation and Urgent Taking of Possession
- Examining the basis of a Presidential decision, a special law or national defense
- Assessing the conditions of urgency that require departing from the ordinary procedure
- Following the on-site examination and provisional value determination process in the urgent possession file
- Examining the procedures of entry onto the property, evacuation and the title deed annotation
- Annulment action against the urgent expropriation decision and related administrative acts
- Following the subsequent purchase and the final compensation determination–registration process
- Assessing the difference between the urgent possession price and the final expropriation compensation
- Following the effect of an annulment decision on the possession, use, registration and compensation processes
Urgent expropriation is not a procedure that by itself completes the final expropriation compensation and the transfer of ownership. The exceptional stage of taking possession and the ordinary expropriation procedures that must be completed afterwards should be followed separately from one another.
Partial Expropriation and Loss of Value in the Remaining Part
- Examining the legal and economic effect of expropriating only a part of the property
- Assessing the shape, surface area, road connection and building potential of the remaining part
- Determining the disruption of agricultural integrity, the irrigation system or the operating arrangement
- Calculating the loss of access, frontage, visibility, use and economic value of the remaining part
- Assessing claims that may arise for the part of the parcel that has become unusable
- Reviewing the increase in value and the deduction alleged to have arisen from partial expropriation
- Comparing the expropriation plan with the cadastre and staking-out measurements
In partial expropriation, not only the price of the square meters taken but also the usability of the part left outside the expropriation and the change in its value must be examined. In road, energy line, pipeline or large infrastructure projects, this effect may be significant for the property as a whole.
Expropriation of Easements and Diminution in Value
- Establishing easements for energy transmission lines, natural gas or water lines, canals, tunnels and similar facilities
- Checking the coordinates and surface area of permanent and temporary easement areas
- Examining the route of the line, the location of the pole or facility and the safety distances
- Determining the restrictions on building, agricultural use, access and operation
- Technical assessment of the diminution in value arising in the whole of the property because of the easement
- Researching the cumulative effect of more than one line or facility
- Claims for compensation and damages for energy transmission lines and similar facilities passed over without expropriation
When an easement is established, the owner does not lose ownership entirely; however, the ability to use and dispose of the property may be reduced. The compensation is assessed not only on the basis of the surface area of the easement corridor but by taking into account the loss of value that the established right creates in the whole of the property.
Physical De Facto Expropriation Actions
- Determining actual use for the purpose of a road, park, green area, square, school, canal, facility or another public service
- Researching whether the administration has interfered with the property in a permanent manner
- Determining the limits of the interference by map, satellite image, cadastre and on-site measurement
- Determining the date of the encroachment and the responsible administration
- Assessing the options of compensation, damages, prevention of the interference and restoration to the former condition
- Examining the conditions of claims for compensation for unjust occupation (ecrimisil) or payment for use on account of unlawful use
- Preservation of evidence concerning damage to buildings, trees, crops and otherwise
- Following the registration of the part encroached upon, payment of the compensation, interest and enforcement of the judgment
For physical de facto expropriation to exist, the property does not necessarily have to be entirely occupied. The passage of a road, the construction of a public facility, or the permanent obstruction of the owner's access to or use of the property may also be subject to assessment according to the scope of the interference. However, not every public work is automatically regarded as de facto expropriation; the nature, duration and legal basis of the interference must be determined.
Legal Encroachment and Restrictions on Ownership Arising from the Zoning Plan
- Examining whether the property falls within a road, park, green area, school, health facility, place of worship, official institution or other public service area
- Determining the date on which the implementation zoning plan entered into force and became final
- Researching whether a five-year zoning program, expropriation, zoning implementation or plan amendment has been carried out
- Assessing the intensity of the restriction on the ability to build, sell, use and dispose
- Determining the responsible municipality, Ministry or administration that will carry out the service
- Avenues of application concerning plan amendment, zoning implementation, expropriation or claims for compensation
- Claims for compensation and damages arising from the right of ownership, and determining the competent branch of the judiciary according to the current legislation
- Assessing the options of zoning plan annulment, full remedy and applications concerning the right of ownership together
In legal encroachment, even if the property has not been physically entered, the public service decision in the zoning plan may restrict the right of ownership to such an extent that it cannot be used for a long period. By its decision dated 16.01.2025, the Constitutional Court annulled the sentence in Additional Article 1 of Expropriation Law No. 2942 that provided for such compensation actions to be filed in the ordinary courts; the decision entered into force at the end of a nine-month postponement. For this reason, the competent court and the structure of the claim in legal encroachment must be determined on a file-specific basis according to the current legislation, the planning act and the nature of the interference.
Date of Encroachment and Transitional Provisions in De Facto Expropriation
- Determining the start date of the physical interference from municipal, cadastre, aerial photograph and other records
- Examining the special and temporary statutory provisions provided for different date ranges
- Researching old expropriation procedures, land registration and allocation records
- Determining whether the encroachment has later expanded or whether its purpose of use has changed
- Assessing the chain of owners and heirs together with the date of the encroachment
- Determining the regime of action, fees, interest, registration and payment according to the applicable period
In de facto expropriation, the date of the first interference is important not only for limitation periods but also for the applicable law and transitional provisions. The date should be determined, as far as possible, with objective records and technical data, not according to the statement of the administration.
Prevention of Interference, Restoration to the Former Condition and Claims for Damages
- Assessing cases in which the public service has not started or the interference can be removed
- Preparing requests for prevention of the interference and restoration of the property to its former condition
- Examining the conditions for transferring ownership to the administration in return for compensation
- Determining the damage caused to the property, the building, the crops or the business
- Assessing claims for compensation for unjust occupation (ecrimisil) or other damages for the period of unlawful use
- Obtaining preservation of evidence before the action, photographs, videos, measurements and expert reports
- Assessing the options of interim injunction and other interim legal protection
The choice of claim must be made by taking into account the nature of the administration's interference and the status of the public service. Requesting the price of the property and requesting the removal of the interference may have different legal consequences.
Properties Falling Within a Public Service Area and Zoning Implementations
- Determining the public service function in the zoning plan and the institution responsible for that function
- Examining the municipality's five-year zoning program and investment programs
- Distinguishing the options of development readjustment share (DOP), transfer of development rights and expropriation
- The processes of lifting the restriction by plan amendment or creating an equivalent area
- Requests for building and use on a parcel falling within a road, park or public facility area
- The effect of a plan decision that has not been implemented for a long time on the right of ownership
- Assessing together the zoning plan and parcelling procedure and the claim of de facto expropriation
The allocation of a property to a public service in the zoning plan does not by itself produce the same result in all files. The legal avenue should not be chosen without determining the scale of the plan, its becoming final, the implementation procedures, the time elapsed, the usability of the property and the responsible institution.
Withdrawal from Expropriation, Reclaiming and the Rights of the Former Owner
- The consequences of the administration's withdrawal from the expropriation in part or in full
- Examining the acts showing that the expropriated property is no longer needed
- Assessing the conditions under which the property may be reclaimed by the former owner or the heirs
- Examining the right to reclaim in the case of property not used for the purpose of the expropriation
- Following the notification, refund, time limit and title deed transfer procedures
- Assessing damage to, or change in the value of, the property after the expropriation
The rights of reclaiming and withdrawal are subject to certain substantive conditions and time limits. The administration allocating the property to a different public service, transferring it or not using it at all may produce different consequences.
Co-Owned Properties, Heirs and Land Registry Record Problems
- Determining the litigation and payment rights of co-owners and of owners holding in joint ownership
- Identifying the heirs of deceased owners and the certificates of inheritance
- Examining disputes between the person appearing as owner in the land registry and the true rightholder
- Expropriation procedures connected with unregistered properties and claims of possession
- Correcting erroneous parcel, surface area, owner or share information
- Procedures concerning a curator (kayyım), declaration of absence or rightholders whose address cannot be determined
- Problems of apportioning the compensation, withdrawing it from the bank and the freezing of funds
A notice or payment made to only one of the co-owners must be examined separately with regard to the position of the other rightholders. The current Constitutional Court decisions on the effect of annulment decisions on co-owners and on the formation of parties must be taken into account.
Effect of Mortgages, Attachments, Usufruct and Other Encumbrances on the Expropriation Compensation
- Examining the mortgages, attachments, usufruct, annotations and easements in the land registry record
- Assessing the distribution of the expropriation compensation between rightholders and creditors
- Following the freezing of the compensation and payment disputes
- The effect of encumbrances in the land registry on registration or cancellation procedures
- Coordination with ongoing actions for dissolution of co-ownership, cancellation of the title deed or inheritance
- Claims concerning payment of the compensation to the wrong person or its incomplete apportionment
Expropriation does not automatically remove all private-law relationships over the property. The effect of rights in rem and personal rights on the compensation and the registration must be determined separately on the basis of the land registry record and the relevant files.
Exchange, Temporary Use and Other Special Expropriation Situations
- Examining the exchange option under which, if the owner accepts, another property belonging to the administration is given instead of the expropriation compensation
- Assessing the values of the properties subject to the exchange, the balancing payment and the title deed conditions
- Claims of temporary use and damage arising from construction sites, roads, material areas or project implementation
- Special application conditions concerning the impossibility of making use of property remaining in the vicinity after dams and similar projects
- Assessing the early evacuation of sown or planted areas and crop and harvest damage
- Determining the claims and payment position in the specific case of tenants, operators, holders of limited rights in rem and other interested persons
These procedures do not arise in every expropriation file. The basis of the claim, the application prerequisite and the competent authority must be determined separately according to the nature of the project and the capacity of the rightholder.
Large Infrastructure, Energy, Transport and Public Projects
- Highway, railway, rail system, port, airport and transport projects
- Dam, irrigation, drinking water, wastewater and canal projects
- Energy transmission lines, natural gas pipelines, renewable energy and transformer facilities
- Tourism, environment, protection, disaster, new settlement and social housing projects
- Mining, industry, logistics and other expropriations based on special laws
- Carrying out a joint technical and legal analysis of the large number of parcels along the project route
- Assessing the facility, production and commercial activity losses of institutional owners
As the scale of the project grows, not only the expropriated area but also the remaining part of the property, access, infrastructure, operational integrity and the land-use decisions in the surrounding area become important. In files with more than one parcel or owner, the common data and the characteristics specific to each property must be kept separate.
Foreign Owners and Rightholders Living Abroad
- Checking the form and content of powers of attorney issued abroad
- Coordinating apostille, consular authentication and translation procedures
- Expropriation of the properties in Türkiye of foreign natural or legal persons
- Inheritance and party procedures of heirs living abroad
- Notification, bank account, tax number, payment and money transfer processes
- Legal communication and file coordination in Turkish, English, German and Russian
Being abroad is not an obstacle to following up an expropriation or de facto expropriation process. However, the power of attorney, identity, inheritance, bank and tax procedures must be planned in advance.
Appeals, Payment and Enforcement of Judgments
- Regional appeal against the first-instance decision and, when the conditions are met, appeal to the Court of Cassation
- Appellate review of the compensation, interest, attorney's fee and litigation costs
- Withdrawing the compensation from the bank account or distributing it among rightholders
- Following the implementation of registration and cancellation decisions at the land registry
- Assessing the effect of the administrative annulment decision on the ordinary courts and land registry procedures
- Avenues of application and enforcement if the awarded compensation and its accessories are not paid
- Remedy options in the case of lengthy proceedings or loss of value of the compensation
- Individual application to the Constitutional Court when the conditions are met
A decision on the compensation does not always mean that the file has actually ended. The stages of payment, title deed, interest and enforcement of the judgment must be followed separately.
Differences Among Expropriation, Urgent Expropriation and Encroachment
| Procedure or dispute | Basic feature | Principal legal examination |
|---|---|---|
| Ordinary expropriation | Acquisition of ownership or an easement in return for the real value at the end of a statutory administrative process | Public interest, procedure, notice, compensation, registration |
| Urgent expropriation | In exceptional cases, early taking of possession of the property in return for a deposit after value determination | Urgency, lawfulness of the decision, provisional and final compensation processes |
| Partial expropriation | Taking only a part of the parcel | Compensation for the part taken and the change in value of the remaining part |
| Expropriation of an easement | Use is restricted to a certain extent while ownership remains with the owner | Easement area and the diminution in value of the property as a whole |
| Physical de facto expropriation | Actual use of the property in a public service before a proper expropriation is completed | Date of encroachment, its limits, responsible administration, compensation or prevention of the interference |
| Legal encroachment | Severe restriction of the right of ownership for a long period by a zoning plan, without actual use | Plan date, time elapsed, responsible administration, current competence and claim regime |
This classification provides initial legal orientation; more than one type of interference may exist on the same property. For example, while a road is physically passed over one part, the remaining part may be left in a park area on the plan.
Legal Process Followed in an Expropriation or Encroachment File
1. Determining the Title Deed, Plan, Notice and Actual Situation
The land registry record, cadastral sheet, zoning plan, expropriation documents and court papers are examined. If there is physical interference with the property, the boundaries and manner of use are determined with technical data.
2. Determining the Type of Procedure, the Date and the Responsible Administration
It is determined whether the file is one of ordinary expropriation, urgent expropriation, partial expropriation, easement, physical encroachment or legal encroachment. The notice, plan and encroachment dates are recorded separately.
3. Time-Limit and Jurisdiction Analysis
The time limits for administrative applications, annulment actions, compensation or damages claims in the ordinary courts and for appeals are calculated. If simultaneous proceedings are needed in the ordinary and administrative courts, the files are planned in a mutually compatible way.
4. Preparing the Legal and Technical Valuation File
Comparable sales, official institution data, zoning rights, buildings and installations, crops, loss of value in the remaining part and the features specific to the property are gathered. If necessary, coordination is established with experts in surveying, urban planning, agriculture, construction and real estate valuation.
5. Application, Action, On-Site Examination and Expert Process
An application is made to the relevant administration; when the conditions are met, claims for annulment, compensation, damages or prevention of the interference are put forward. The on-site examination and expert reports are reviewed technically and legally.
6. Appeal, Payment, Title Deed and Enforcement Procedures
Regional appeal and appeal to the Court of Cassation are assessed according to the type of decision. Collection of the compensation, interest and costs, and registration, cancellation or restoration procedures, are followed.
Documents Needed for the Initial Examination
- The current and historical chain-of-title land registry record
- Survey plan, cadastral sheet, staking-out sketch and coordinate information
- Zoning status, plan sheet, plan notes and plan explanatory report
- Expropriation decision, public interest decision and expropriation plan
- Purchase invitation, price offer, settlement or disagreement records
- All notices coming from notaries, courts, municipalities or other administrations
- Compensation determination and registration, urgent possession or other action papers
- Current photographs, videos and, if possible, dated satellite images of the property
- Construction permit, project, occupancy permit, tax declaration and subscription records
- Records concerning agricultural crops, trees, wells and irrigation systems
- Comparable sales, appraisal reports and lease or operating documents
- Certificate of inheritance, power of attorney and co-ownership documents
- Mortgage, attachment, usufruct and other encumbrance documents
- Previous applications to the administration and the responses given
If all the documents are not ready at the first meeting, a preliminary classification can be made on the available papers. However, for the calculation of time limits, the service envelope, the date of electronic notification, the announcement information and the court papers must be especially preserved.
What Is Examined in the Expropriation Compensation?
The expropriation compensation is not determined by directly applying the asking prices on listing sites or the municipal tax value. Depending on the nature of the property, all or some of the following elements may be taken into account:
- Legal and actual character: plot, land, building, facility or spring
- Surface area, location, shape, topography, road frontage and access
- Use in the zoning plan, floor area ratio, height and other building rights
- For plots, comparable sales that have no special purpose
- For land, customary crops, yield, income, expense and capitalization data
- Class, age, area, cost, depreciation and completion level of the building
- Trees, crops, wells, irrigation, energy and other fixed installations
- In partial expropriation, the usability of the remaining part and its loss of value
- The effect of the easement on the use and market value of the property as a whole
- Other objective features that are specific to the property and affect the price
Not every comparable is suitable for every property. A bare square-meter comparison made without explaining the date, parties, purpose, surface area, zoning conditions and location of the sale does not constitute a verifiable valuation.
Important Warning Concerning Time Limits and Loss of Rights
In expropriation disputes, the time limit often begins with notice or announcement. Expropriation Law No. 2942 provides special thirty-day periods for certain actions and correction avenues. The type of administrative act, the validity of the notice, electronic notification, announcement, the court summons and the date of becoming aware may affect the start of the period.
The time limits for physical de facto expropriation, legal encroachment, reclaiming, compensation for unjust occupation (ecrimisil), full remedy and individual application avenues are not the same. In addition, the decisions of the Constitutional Court in 2025 and 2026 on the judicial review of expropriation procedures and on legal encroachment have affected the current procedure. For this reason, no step should be taken relying on an old time-limit or jurisdiction explanation found on the internet; the documents and dates must be examined on a file-specific basis.
Expropriation and De Facto Expropriation Actions in Antalya
Güneş & Güneş Law Firm was established in Kemer on 18 March 1999 and, with an institutional history of more than 27 years, has continued its professional activity on an Antalya-based footing since 2007. Having regard to the nature of the property and the administrative act, the competent civil court of first instance with jurisdiction, the requirements of expert examination and on-site examination, and the relevant rules of procedure, our firm is able to provide legal services in compensation determination, registration, prevention of encroachment and compensation action processes across all 81 provinces of Türkiye.
The expropriation and de facto expropriation relationships in Türkiye of Turkish citizens living outside Türkiye, foreign natural persons and foreign companies can be assessed by making use of online meetings, secure document sharing and multilingual communication. In every file with a foreign element, the applicable law, international jurisdiction, the use of foreign documents, apostille or authentication, translation, service abroad and the enforceability of the judgment are examined separately.
With the ability to communicate in Turkish, English, German and Russian, our firm conducts the legal processes of persons and companies located in different countries of the world concerning expropriation and de facto expropriation actions in Türkiye to the extent the file requires. Legal services provided from the physical base in Antalya, across Türkiye and with international connections are planned with regard to the subject-matter jurisdiction, territorial jurisdiction, time-limit, evidence and representation conditions of each file.
Our Approach in Expropriation Files
With the professional experience it has built up since 1999, Güneş & Güneş Law Firm handles expropriation and property disputes by assessing legal and technical data together. Depending on the nature of the file, the work may include the coordination of lawyers with survey engineers, urban planners, agricultural engineers, civil engineers and real estate valuation experts.
In every file, the following questions are answered first:
- What exactly is the act or interference concerning the property?
- Which is the administration that carried out the act and will be held responsible in the action?
- What are the dates of the notice, announcement, plan and physical encroachment?
- Which claims are on the agenda in the administrative judiciary, the ordinary judiciary or both?
- What is the correct legal character of the property and the valuation method?
- How are the partial expropriation or the easement affecting the remaining property?
- Is the target the compensation, removal of the interference, annulment of the act, or the coordination of these?
A legal assessment does not guarantee a specific outcome. The aim is to set out clearly, on the specific case, the applicable options, time limits, evidence needs and risks.
Related Practice Areas
- Real Estate Law and Title Deed Claims
- Zoning Law and Zoning Actions
- Urban Regeneration and Risky Structure Law
- Title Deed Cancellation and Registration Claims
- Property, Possession and Neighbor Disputes
- Dissolution of Co-Ownership Actions
- Real Estate Purchases and Title Deed–Zoning Examination
- Administrative Law, Annulment and Full Remedy Actions
Legal Assessment and Contact
If you have received an expropriation notice about your property, if you wish to assess the price offered by the administration, if a road or another public facility has been built on your property, or if your parcel has long been kept in a public service area in the zoning plan, the title deed, zoning, notice and actual use documents can be examined together and the available legal avenues determined.
In your initial request for an assessment, please state, if possible, the province, district, neighborhood, block and parcel information of the property; the administration that carried out the act; the date of the notice or court papers; and when the physical interference began.
Request a Legal Assessment for Your Expropriation File
Confidentiality note: The contact form is used for the purpose of a preliminary assessment. Identity numbers, health information, bank passwords or special-category personal data unrelated to the file should not be written in the form field. An attorney–client relationship is established by separately agreeing on the power of attorney and the terms of service. The explanations on the website do not constitute a legal opinion on the specific case or a guarantee of outcome.