Expropriation is a process that enables the transfer of privately owned real estate to the public for the public benefit. Urgent expropriation is an exceptional expropriation method that allows the real estate to be seized immediately by postponing some stages of the expropriation process in order to meet public needs urgently under extraordinary circumstances.
Conditions for Urgent Expropriation:
In Article 27 of the Expropriation Law No. 2942, the conditions for urgent expropriation are stated as follows:
• In cases where extraordinary circumstances such as war, mobilization, disaster, epidemic, fire, flood or urgent and mandatory needs of public security, public order or national economy require expropriation.
• In cases where delays in public investments will cause irreparable losses.
Urgent Expropriation Procedures:
Urgent expropriation transactions have some important differences from ordinary expropriation transactions. These differences are:
• Valuation Appraisal: In urgent expropriation, valuation is done after the expropriation process is completed. At this stage, the value of the expropriated real estate is determined by experts and the expropriation fee is paid to the owners.
• Confiscation: In urgent expropriation, the administration may seize the immovable property upon receipt of the expropriation decision. Owners must evacuate the property.
• Objection: Owners have the right to file a lawsuit with the Administrative Jurisdiction against the expropriation decision and the determination of the expropriation price.
Legal Reasons for Urgent Expropriation:
Upon completion of the urgent expropriation process, ownership of the expropriated real estate passes to the public. Owners are entitled to receive the expropriation fee.
Discussions Regarding Urgent Expropriation:
Hasty expropriation raises some concerns in terms of protecting the rights of owners. These concerns are:
• Risk of owners receiving compensation below the expropriation value.
• Owners are forced to evacuate their properties and do not have enough time to find a new residence.
• The process of filing a lawsuit with the Administrative Court is long and complex.
