Expropriation is one of the most serious interferences with the right to property. In post-earthquake Hatay — through reserve area designations, urgent expropriation decisions and reconstruction projects — it directly affects thousands of property owners. I work to ensure that rightful owners receive the real value of their land.
Within the framework of Expropriation Law No. 2942 I represent clients in the negotiation stage of the purchase procedure, and in compensation assessment and registration actions I closely follow the comparable-sales research and expert examination that determine the property's true value. Where the administration has interfered with a property de facto or legally without carrying out a lawful expropriation, I pursue compensation and occupancy claims through de facto expropriation proceedings.
Scope of Services
- Compensation assessment and registration actions
- De facto and legal expropriation without due process
- Challenges to urgent expropriation decisions
- Annulment of expropriation decisions
- Representation in settlement negotiations
- Loss of value claims in partial expropriation
- Occupancy compensation (ecrimisil) claims
- Withdrawal from expropriation and the right of repurchase
Expropriation Law in Hatay
I handle expropriation law matters from my office in Antakya and appear before the courts of Hatay — principally Antakya and İskenderun — as well as across the province. For clients abroad, meetings can be arranged by telephone or video conference and the file conducted under a power of attorney.
Frequently Asked Questions
How is expropriation compensation determined?
The administration first offers a settlement under the purchase procedure. If no agreement is reached, it files a compensation assessment and registration action before the civil court of first instance. The court determines the value on the basis of comparable sales, the characteristics of the property, the income method and expert reports.
Should I accept the administration's offer?
Not before obtaining an independent valuation and legal opinion. Once a settlement protocol is signed, the possibility of challenging the amount is largely lost. Declining to attend the negotiation does not cause any loss of rights — the matter simply proceeds to court.
The administration occupied my land without expropriating it. What can I do?
If the administration has taken physical possession, or has effectively prevented use of the property through zoning restrictions, you may bring an action for de facto expropriation seeking the value of the property together with occupancy compensation.