Expropriation is the process of transferring privately owned real estate to the public for the public interest. This transaction is an exception to the right to property guaranteed in the Constitution and can only be carried out by observing the conditions and procedures prescribed by law.
However, in some cases, administrations can seize private property without completing the expropriation procedure or paying the expropriation fee. This situation is called legal seizure without expropriation.
Legal confiscation without expropriation is a situation that means violation of property rights and damages the rights of the owner. Therefore, owners have legal rights in such cases.
Elements of Legal Confiscation Without Expropriation:
Actual Intervention of the Administration: The Administration must actually prevent or limit the use of a privately owned immovable property.
Incomplete Expropriation Procedure: Even if expropriation is foreseen in the zoning plans, the expropriation procedure must not be completed or the expropriation fee must not be paid.
A Purpose Pursuant to the Public Interest: The administration’s intervention must be justified by the public interest.
Owner’s Rights Against Legal Confiscation Without Expropriation:
Case for Intervention: The owner can file a lawsuit in the civil court of first instance to prevent the intervention of the administration.
Ecrimisil Case: The owner of the property may request compensation (compensation) for being deprived of the use of the real estate due to the intervention of the administration.
Full Jurisdiction Case: The owner may file a lawsuit in administrative jurisdiction for the annulment of the administrative action.
Application to the Constitutional Court: If the violation of rights continues despite all legal remedies being exhausted, the owner may apply to the Constitutional Court.
Legal seizure without expropriation is a complex legal issue. Therefore, it is important to consult an attorney to protect your rights.
Things to Consider in the Blog Post:
The blog post should be informative on topics such as the definition of legal seizure without expropriation, its elements, and the rights of the owner.
Instead of complex legal terms, understandable language should be used.
The subject should be reinforced with examples and case studies.
Readers should be guided on what steps to take to protect their rights.
At the end of the blog post, the importance of consulting an attorney should be emphasized.
