Legal seizure without expropriation is the “legal” seizure of privately owned real estate by the administration in violation of expropriation procedures. In this case, the administration establishes a procedure limiting the property right on the real estate. Unlike actual seizure, actual occupation of the property does not occur.
Examples:
• The real estate shown as a park in the zoning plan should not be expropriated within 5 years after the zoning plan is approved.
• Preventing the use of real estate on the grounds of “public interest” without a legal basis
• Not granting permission for repair and renovation to the owner of the property registered as a cultural asset.
Opening the Case
The lawsuit for legal confiscation without expropriation is filed in the Civil Courts of First Instance by the owner of the real estate. In the lawsuit, it must be proven that the administration’s seizure action is unlawful and the owner’s property rights are violated.
Things to Include in the Petition:
• Identity information of the plaintiff and the defendant
• Information about the real estate
• Administration’s action and date
• Evidence showing the illegality of laying hands
• Requests (deed cancellation, penalty payment, compensation)
Case Result
As a result of the case, the court decides whether the administration’s action is legal or not. If it is decided that the action is against the law, the court may also consider requests such as cancellation of title deed, repayment and compensation.
legal aid
Legal confiscation cases without expropriation involve complex legal procedures. Therefore, it is recommended that you consult a lawyer and obtain legal assistance before filing a lawsuit.
For more information about the legal confiscation case without expropriation:
• Expropriation Law No. 2942: URL Expropriation Law No. 2942
• Supreme Court Case Laws: URL Supreme Court Case Laws
• Legal Aid from the Bar Association: URL Legal Aid from the Bar Association
Note:
This article is for informational purposes only. If you have a legal problem, it is recommended that you consult a lawyer