The State Cannot Unlawfully Seize Your Land!
Official titleDecision of the Constitutional Court Dated 4/3/2026 and Application No. 2020/19019
In the individual application filed with the claim that the right to property was violated due to expropriation without expropriation, the Constitutional Court decided that the right to property was violated on the grounds that expropriation was not carried out in accordance with due process and the price was not paid. The Court ruled for a retrial to eliminate the consequences of the rights violation.
Details of the Regulation
The applicants filed a lawsuit for compensation on the claim that their real property located in the Yenimahalle district of Ankara was subject to expropriation without expropriation by Türkiye Elektrik İletim Anonim Şirketi; however, the court dismissed the lawsuit. Throughout the Court of Cassation process, efforts were made to cure the deficiencies in the file, but ultimately it was concluded that the applicants' right to property was violated. The Constitutional Court held that the right to property guaranteed under Article 35 of the Constitution was violated, stating that the expropriation process was not carried out in accordance with due process, its price was not paid, and the waiver documents (ferağ belgeleri) of the former owners could not be presented. For this reason, it was decided to conduct a retrial to eliminate the consequences of the rights violation. The Court also ruled that litigation expenses, such as court fees and attorney fees incurred during this process, be paid to the applicants.
Questions You Might Have
- In the case of expropriation without expropriation, what is the first authority a citizen should apply to, and within what timeframe must they apply?
- First, the citizen must apply to the Civil Court of First Instance to file an action for compensation. In order to make an individual application to the Constitutional Court with the claim of a violation of the right to property, the duly conducted judicial processes must be exhausted, and the application must be filed within 30 days from the date of learning of the final decision.
- Is this decision in the nature of a 'pilot judgment', and does it serve as a precedent for other persons in a similar situation?
- This decision determines a violation of rights specific to a particular case. However, it has the potential to serve as a precedent for other applicants experiencing similar legal problems regarding expropriation without expropriation and violation of the right to property. The reasoning of the Constitutional Court will serve as a guide for courts in similar cases.
- Is there a dissenting member, and if so, what is their reasoning?
- According to the information contained in the text, there is no member who cast a dissenting vote against this decision. The decision was rendered unanimously.
Key Terms
- Kamulaştırmasız El Atma
- It is the situation where a real property under private ownership is de facto or de jure seized by a public institution without an expropriation transaction conducted by considering the public interest.
- Mülkiyet Hakkı
- It is one of the fundamental rights under constitutional guarantee, encompassing the powers of individuals to dispose of, use, benefit from, and transfer the assets they own.
- Ferağ Belgesi
- It is an official document showing that the right of ownership over a real property has been transferred. It is usually issued through transactions such as sales or donations.
- İrtifak Hakkı
- It is a real property owner granting a specific right of use or enjoyment over their own real property in favor of another real property owner. For example, a right granted for the passage of energy transmission lines.
- Yeniden Yargılama
- It is the process in which a judgment rendered by a court is re-examined and re-adjudicated due to reasons such as newly emerging evidence, legal circumstances, or the determination of a constitutional violation.
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REGAS Commentary
This decision is of importance in terms of protecting the right to property in cases of expropriation without expropriation. It demonstrates that citizens can seek their rights in the event that their real properties are unlawfully seized and that the Constitutional Court guarantees these rights. The decision emphasizes that administrations must carry out expropriation procedures in accordance with the Constitution and laws, paying the price in advance. It reveals that otherwise, it will be concluded that the right to property has been violated.