Expropriation is the process of compulsory purchase of certain real estates by the state or public institutions in consideration of the public interest. This process begins with the expropriation decision and ends with the payment of the expropriation fee.
However, in some cases, it may be possible to object to the expropriation decision and request its cancellation. In this article, we will examine in detail the conditions required for the cancellation of the expropriation decision, the period for filing a lawsuit, and the issues to be considered in the lawsuit.
Cases in Which the Expropriation Decision Can Be Cancelled:
The expropriation decision is unlawful: The expropriation process must be carried out in accordance with the Expropriation Law No. 2942 and the relevant legislation. Otherwise, the expropriation decision is considered unlawful and can be canceled.
The expropriation decision is not related to the public interest: Expropriation can only be carried out for the public interest. The general public interest must be observed rather than the benefit of a private interest or person. Otherwise, the expropriation decision can be canceled because it is not related to the public interest.
The expropriation decision disproportionately violates the property rights of the owner: Expropriation must be carried out in a manner that respects the property rights of the owner. If the expropriation process disproportionately violates the property rights of the owner, the expropriation decision can be annulled.
Irregularity in the expropriation process: Any irregularity in the expropriation process can also be a reason for the annulment of the expropriation decision.
Time to Object to the Expropriation Decision:
The time to file a lawsuit against the expropriation decision is 30 days from the notification made by the court in the determination of the expropriation price and registration case. If the lawsuit is not filed within this period, the right to object to the expropriation decision is waived.
Points to Consider in the Expropriation Decision Annulment Case:
Before filing a lawsuit against the expropriation decision, it is important to consult a lawyer and confirm the legal rights.
All evidence and justifications required for the annulment of the expropriation decision must be clearly stated in the petition.
The necessary fees and expenses for filing the lawsuit must be paid.
Throughout the litigation process, the plaintiff must follow up on the case and submit the necessary documents.
