Expropriation Law

This Law regulates the procedures to be followed in the expropriation, by the State and public legal persons, of immovable property owned by natural persons and legal persons governed by private law in cases where the public interest so requires, the calculation of the expropriation price, the registration of the immovable property and of the easement right in the name of the administration, the reacquisition of unused immovable property, the procedures for the transfer of immovable property between administrations, the mutual rights and obligations, and the procedures and methods for resolving disputes arising therefrom.

The provisions of this Law shall also apply to expropriations carried out on behalf of natural persons and legal persons governed by private law on the basis of their special laws.

In the application of this Law;

a) Administration: public legal persons, public institutions and organisations, natural persons and legal persons governed by private law in whose favour the right and authority of expropriation has been granted,

b) Place where the immovable property or source is located: the province or district in which the immovable property is registered in the land register or, if it is not registered, in which it should be registered in the land register,

shall mean as stated above.

Administrations may expropriate the immovable property, sources and easement rights necessary for the conduct of the public services or undertakings which they are obliged to perform under laws and Presidential decrees, by paying the prices thereof in cash and in advance or, in the cases specified below, in equal instalments.

In expropriations to be carried out for the realisation of major energy and irrigation projects and resettlement projects accepted by the President of the Republic, for the cultivation of new forests, for the protection of coasts and for tourism purposes, the amount specified in that year's General Budget Law of the expropriation price to be paid to a natural person or a legal person governed by private law shall be paid in cash and in advance. This amount may not be less than one sixth of the expropriation price. Expropriation prices exceeding this amount shall be divided into equal instalments, each not less than the advance payment amount, to be paid together with interest within a maximum of five years. The highest interest rate stipulated for State debts shall be applied to the instalments as from the day following the date of the advance payment.

Of the expropriated land, the price of land belonging to small farmers who cultivate that land directly shall in all cases be paid in advance.

Added paragraph: 24/4/2001, Law No. 4650, Art. 1 Administrations may not commence expropriation proceedings without securing sufficient appropriations.

Instead of expropriating the ownership of the immovable property, where sufficient for the purpose, an easement right may be established by way of expropriation over a certain portion, the height or the depth of the immovable property or over a source.

Added paragraph: 10/9/2014, Law No. 6552, Art. 99 However, provided that the owners are not prevented from exercising their right of ownership and that the measures necessary for the safety of life and property are taken, cable cars and similar transport lines and all kinds of bridges may be built above immovable property, and metro and similar rail transport systems and tunnels may be built beneath immovable property, on the basis of the public interest. Where the exercise of the right of ownership over the immovable property is not prevented, no expropriation of any kind shall be carried out in respect of the immovable property. Third sentence annulled by Constitutional Court decision of 14/5/2015, E. 2014/177, K. 2015/49 (…) No betterment charge may be collected from the owners of immovable property on account of the investment made.

The authorities competent to make a public interest decision are as follows:

a) Public administrations and public legal persons;

1. In expropriations to be carried out for the purposes listed in paragraph 2 of Article 3, the relevant ministry,

2. In expropriations for the benefit of a village, the village council of elders,

3. In expropriations for the benefit of a municipality, the municipal executive committee,

4. In expropriations for the benefit of a special provincial administration, the provincial standing committee,

5. In expropriations for the benefit of the State, the provincial administrative board,

6. In expropriations for the benefit of the Council of Higher Education, the Council of Higher Education,

7. In expropriations for the benefit of universities, the Turkish Radio and Television Corporation, and the Atatürk High Institution of Culture, Language and History, their boards of directors,

8. In expropriations for the benefit of more than one village and municipality within the boundaries of the same district, the district administrative board,

9. In expropriations for the benefit of villages and municipalities attached to more than one district within the boundaries of one province, the provincial administrative board,

10. In expropriations for the benefit of more than one public legal person attached to different provinces, the President of the Republic,

11. In expropriations for the benefit of the State within the boundaries of more than one province, the President of the Republic.4

b) In expropriations for the benefit of public institutions, the board of directors or administrative council or, in their absence, the competent administrative bodies,

c) In expropriations for the benefit of natural persons, upon the application of such persons, and in expropriations for the benefit of legal persons governed by private law, upon the application of their boards of directors or administrative councils or, in their absence, of their competent management bodies, the village, municipality, special provincial administration or ministry to whose supervision they are subject in respect of the service they perform.

A public interest decision, in the case of:

a) decisions of village councils of elders and municipal executive committees, by the district governor in districts and by the governor in provincial centres,

b) decisions of district administrative boards, provincial standing committees and provincial administrative boards, by the governor,

c) decisions of university boards of directors, by the rector,

d) decisions of the Council of Higher Education, by the President of the Council,

e) decisions of the board of directors of the Turkish Radio and Television Corporation, by the director general,

f) decisions of the Board of Directors of the Atatürk High Institution of Culture, Language and History, by the President of the High Institution,

g) decisions of the boards of directors, administrative councils or competent administrative bodies of public institutions, by the minister to whose supervision they are subject,

h) decisions rendered by a village, municipality or special provincial administration for the benefit of natural persons or legal persons governed by private law, by the governor,

shall be completed upon approval.

Public interest decisions rendered by the President of the Republic or by ministries shall not require separate approval.

For services to be carried out in accordance with an approved zoning plan or a special plan and project approved by the relevant ministries, it is not necessary to adopt and approve a separate public interest decision. In such cases, a decision indicating that the expropriation proceedings have commenced shall be adopted by the competent executive body.

The administration that will carry out the expropriation shall prepare, or have prepared, a scaled plan showing the boundaries, surface area and type of the immovable property or sources to be expropriated or over which an easement right is to be established by way of expropriation; it shall have the owners of the expropriated immovable property or, if there is no title deed record, the possessors thereof, and their addresses, determined on the basis of land registry, tax and civil registry records, or by means of an additional external investigation that it shall have carried out, supported by documents.

Upon the request of the administration, the relevant tax office shall provide, within one month at the latest, the tax declarations and values of the immovable property and sources or, where there is no tax declaration, the value to be assessed in lieu of a declaration.

After adopting the expropriation decision, the administration shall notify the land registry office where the immovable property subject to expropriation is registered so that the expropriation is annotated in the land register. If the owner changes as from the date of notification, the land registry office shall be obliged to notify the expropriating administration of any changes occurring in ownership or in rights in rem other than ownership. Amended sentence: 24/4/2001, Law No. 4650, Art. 2 If the administration does not submit to the land registry office, within six months of the date of annotation, a document to be obtained from the court showing that a request has been made under Article 10 for the determination of the expropriation price and registration in the name of the administration, this annotation shall be removed from the register ex officio by the land registry office.

Amended: 24/4/2001, Law No. 4650, Art. 3

In expropriations to be carried out by administrations under this Law in respect of immovable property registered in the land register, the principle is that they shall apply the purchase procedure first.

After the expropriation decision has been adopted, the administration that will carry out the expropriation shall assign one or more valuation commissions, each consisting of at least three persons from within its own organisation, to determine the estimated price of the immovable property in accordance with the principles in Article 11 of this Law, also obtaining reports from expert persons, institutions or organisations in the relevant field and, where necessary, also making use of information to be obtained from Chambers of Industry and Commerce and local real estate agencies.

In addition, the administration shall assign one or more conciliation commissions, each consisting of at least three persons from within its own organisation, to conduct and conclude purchase by negotiation and exchange transactions on the basis of the estimated price.

Without stating the estimated price determined by the valuation commission, the administration shall notify the owner by official registered letter that it wishes to purchase by negotiation the immovable property, source or easement rights over them that it has been decided to expropriate, by paying the price in advance or, if the expropriation is carried out under paragraph 2 of Article 3 of this Law, in instalments in accordance with the procedures in that paragraph, or to acquire it by way of exchange for another immovable property belonging to the administration.

Amended paragraph 5: 20/8/2016, Law No. 6745, Art. 31 Where the owner or his or her authorised representative applies to the administration, within fifteen days of the date of service of this letter, with a request to sell the immovable property subject to expropriation by negotiation and agreement or with a request for exchange, negotiations shall be held on the date set by the commission; if agreement is reached on the price, not exceeding the estimated value determined, or on the exchange, minutes of this agreement shall be drawn up, and the minutes, which shall also contain all legal and actual characteristics of the immovable property subject to the agreement, the expropriation price, the identity information of the owner and the declarations of acceptance regarding the registration or deregistration of the immovable property in the land register, shall be signed by the owner or his or her authorised representative and by the commission members. These minutes shall be deemed the owner's declaration of transfer and the legal ground for the registration to be made in the land register in the name of the administration.

Amended paragraph 6: 20/8/2016, Law No. 6745, Art. 31 The administration shall make ready the price stated in the minutes within forty-five days at the latest from the date on which the agreement minutes are drawn up, and the immovable property shall be registered or deregistered ex officio in the land register in the name of the administration on the basis of the agreement minutes and a letter from the administration stating that the immovable property has been cleared of all encumbrances and rights existing over it prior to the expropriation. The expropriation price shall be paid to them after the ex officio registration or deregistration in the land register.

Immovable property, sources or easement rights purchased or exchanged under this article shall be deemed to have been acquired from the owner by way of expropriation, and no objection actions may be brought against the expropriation so effected or its price.

In the absence of an agreement or if the transfer is not made, action shall be taken under Article 10 of this Law.

For the determination of the status of places where land titling or cadastre has not been carried out, the administration shall apply to the local chief administrative officer and request the selection of four experts, two principal and two substitute, at the place where the expropriation is to be carried out. Upon this request of the administration, the chief administrative officer shall ensure, within eight days, that the experts are selected, that they are sworn in before the civil court of peace and that their names are notified to the administration that will carry out the expropriation.

During the determination, the mukhtar (village or neighbourhood head) or his or her deputy, two members of the council of elders and two experts shall perform their duties together.

The mukhtar or his or her deputy, the members of the council of elders and the experts who serve in this determination shall be paid for the days on which they work in accordance with Article 29.

PART TWO

Determination of the Expropriation Price by the Court, Registration in the Name of the Administration and

Principles for Determining the Price, Right of Action and Experts

CHAPTER ONE

Determination of the Expropriation Price by the Court and Registration in the Name of the Administration,

Amended: 24/4/2001, Law No. 4650, Art. 5

Where the expropriation cannot be carried out by the purchase procedure, the administration shall attach to a petition the information and documents it has collected under Article 7, the price determination it has had made under Article 8 and other information and documents on this matter, shall apply to the civil court of first instance of the place where the immovable property is located, and shall request the court to determine the expropriation price of the immovable property and to rule on its registration in the name of the administration in return for payment of this price in advance or, if the expropriation has been carried out under paragraph 2 of Article 3, in instalments.

The court shall notify the owner of the immovable property of the hearing date, which it shall set for no later than thirty days after the date of the administration's application, by an annotated summons to which a copy each of the statement of claim and of the documents submitted by the administration is attached or, in the case of persons whose addresses could not be found as a result of the investigations carried out by the administration, by service by public notice pursuant to Article 28 of Notification Law No. 7201 of 11.2.1959, and shall invite the owner to attend the hearing. The hearing date shall also be served on the administration.

In the annotated summons to be issued by the court directly to the owner or in the service to be made by public notice:

a) The place where the immovable property to be expropriated is registered in the land register, its locality, map sheet, block and parcel numbers, its nature and its surface area.

b) The names and surnames of the owner or owners,

c) The name of the expropriating administration,

d) That they may, within the period stipulated in Article 14 as from the date of service or public notice, bring an action for annulment of the expropriation before the administrative courts or an action for correction of material errors before the ordinary (judicial) courts,

e) Against whom the actions to be brought are to be directed,

f) That if those who bring an action for annulment of the expropriation before the administrative courts within the period stipulated in Article 14 do not provide documentary proof that they have brought an action (…), the expropriation shall become final and the immovable property shall be registered in the name of the expropriating administration on the basis of the expropriation price determined by the court,

g) In which bank the expropriation price determined by the court will be deposited in the name of the right holder,

h) That they must notify the court in writing, within ten days of the date of service, of all their defences and evidence concerning the matter and the value of the immovable property,

shall be stated.

The court shall publish a summary of the expropriation and of the documents at least once each in a newspaper published in the place where the immovable property to be expropriated is located, on an internet news site and in one of the newspapers published throughout Türkiye.

At the hearing to be held on the day set by the court, the judge shall invite the parties to reach an agreement on the price of the immovable property. If the parties agree on the price, the judge shall accept this price agreed by the parties as the expropriation price and shall proceed in accordance with the second and subsequent sentences of paragraph 8.

If the parties fail to agree on the price at the hearing held by the court, the judge shall set a date for an on-site inspection within ten days at the latest and a hearing date thirty days thereafter, and shall conduct an on-site inspection, through the experts listed in Article 15 and in the presence of all interested persons, to determine the value of the immovable property. For the on-site inspection to be conducted, a summons shall also be issued to the mukhtar of the village or neighbourhood to which the place where the immovable property is located is attached, so that the mukhtar may also be present; the mukhtar's presence at the inspection shall be ensured and the mukhtar's statement shall also be taken.

The experts, also taking into account the statements of the parties and other interested persons, shall submit to the court within fifteen days their reports stating the value of the immovable property in line with the principles in Article 11. The court shall serve this report on the parties without waiting for the hearing date. The judge shall summon the parties or their representatives and the experts to the hearing to be held. At this hearing, the parties' objections, if any, to the expert reports shall be heard and the experts' statements in response to these objections shall be taken.

Amended paragraph 8: 19/4/2018, Law No. 7139, Art. 26 If the parties fail to agree on the price, where necessary, a new board of experts shall be appointed by the judge to complete its work within fifteen days, and the judge shall determine a fair and equitable expropriation price, making use of the report or reports and the statements of the parties and of the experts. This price determined by the court is the expropriation price of the immovable property, source or easement right. If the parties agree, the amount agreed as the expropriation price shall be deposited in a bank in the name of the right holder, in advance and in cash. If the parties fail to agree, the administration shall be given fifteen days to deposit the price determined by the judge as the expropriation price (…) into the bank account to be designated by the court and to submit the receipt showing that it has been deposited. If the expropriation has been carried out under paragraph 2 of Article 3 of this Law, the administration shall be given fifteen days to deposit the first instalment, again in advance and in cash, in the name of the right holder or, if the right holder cannot be identified, for delivery to the right holder who may come forward in the future, into the bank specified in the summons and public notice to be issued by the court under Article 10, and to submit the receipt showing that it has been deposited. Where necessary, this period may be extended once only by the court. Upon the administration's submission of a receipt showing that the expropriation price has been deposited in the name of the right holder, or that the price determined by the judge as the expropriation price (…) or, where the right holder cannot be identified, for delivery to the right holder who may come forward in the future, has been blocked, the court shall rule on the registration of the immovable property in the name of the administration and on the payment of the expropriation price to the right holder, and this decision shall be notified to the land registry office and to the bank in which the money has been deposited. The registration judgment shall be final; the parties' rights of appeal (istinaf) or appeal on points of law (temyiz) concerning the price are reserved. If the expropriation price that becomes final following appellate or cassation review is less than the amount paid to the right holder in advance and in cash, the difference shall be claimed from the person concerned. No interest shall be charged for the period between the date of the payment made by the administration in the name of the right holder and the date on which the letter concerning repayment is served on the person concerned.

Added paragraph: 11/4/2013, Law No. 6459, Art. 6 Paragraph annulled by Constitutional Court decision of 5/4/2023, E. 2022/83, K. 2023/69 (…)

Where there are persons who do not comply with the court's summons, the procedures stipulated in this article shall be carried out in the absence of the person concerned.

Where the right holder cannot be identified, the court shall take the necessary measures for the expropriation price to be converted into a three-month time deposit account so that it earns interest.

If the expropriated immovable property has been transformed, by virtue of the public service to which it is allocated, into a nature that does not require registration in the register, the court shall, upon request, rule on the cancellation of the register entry.

During this registration and cancellation procedure, the existence of a tax relationship of the owners in respect of this immovable property shall not be required. However, the land registry office shall notify the relevant tax office of the situation.

Paragraph 14 annulled by Constitutional Court decision of 25/12/2024, E. 2024/101, K. 2024/232

If, in actions for annulment of the expropriation before the administrative courts or actions for correction of material errors to be brought before the ordinary courts, the action has been directed against the wrong party because the administration against which the action is to be directed was not clearly stated or was incorrectly stated in the summons and public notice, the action shall continue with service being made on the true defendant.

Principles for determining the expropriation price:

Amended: 24/4/2001, Law No. 4650, Art. 6

The board of experts to be formed pursuant to Article 15 shall go, together with the court panel, to the place where the immovable property or resource to be expropriated is located and, after also hearing the interested parties present, shall, taking as basis the following with respect to the immovable property or resource:

a) Its kind and type,

b) Its surface area,

c) All of its characteristics and elements that may affect its value, and the value of each element separately,

d) Its tax declaration, if any,

e) The valuations made by official authorities as of the date of expropriation,

f) For land, the net income that the immovable property or resource would yield if used as it is, according to its (…) location and conditions,

g) For building plots, its sale value according to comparable sales without special purpose made before the date of expropriation,

h) For buildings, the (…) official unit prices, building cost calculations and depreciation allowance,

ı) Amended: 19/4/2018, Law No. 7139, Art. 27 Annulled phrase: by Constitutional Court decision of 10/4/2019, E. 2018/156, K. 2019/22 Annulled phrase: by Constitutional Court decision of 10/4/2019, E. 2018/156, K. 2019/22 other objective criteria that will be effective in determining the price, provided that the effect of each criterion is explained,

determine the value of the immovable property on the basis of a reasoned valuation report in conformity with the valuation standards adopted by the Capital Markets Board, by stating separately, in the report they shall draw up, the answers to all these elements and by also taking into account the statements of the interested parties.

In determining the value of the immovable property, increases in value to be caused by the development and service undertaking necessitating the expropriation, and the profit it would yield according to the forms of use envisaged for the future, shall not be taken into account.

In the establishment of a servitude by way of expropriation, the decrease in value that will occur in the immovable property or resource by reason of this expropriation shall be stated together with its grounds. This decrease in value is the expropriation price.

The value of a partially expropriated immovable property shall be:

a) Where no change occurs in the value of the non-expropriated part by reason of the expropriation, the amount corresponding to the expropriated part out of the price of that property assessed according to the principles set out in Article 11.

b) Where a decrease occurs in the value of the part remaining outside the expropriation by reason of the expropriation, the amount found by determining this decreased value and adding the decreased value to the expropriation price of the expropriated part determined in accordance with the principles set out in subparagraph (a).

c) Where, on the other hand, an increase occurs in the value of the part remaining outside the expropriation by reason of the expropriation, the amount found by determining the amount of the increase and deducting the increased value from the price of the expropriated part determined in accordance with the principles set out in subparagraph (a).

However, the deduction to be made under subparagraph (c) may not exceed fifty percent of the expropriation price.

The amounts of decrease and increase in value referred to in subparagraphs (b) and (c) shall be determined by way of assessment of price according to the principles set out in Article 11.

Where the part remaining outside the expropriation is suitable for use under the zoning legislation, the expenses and price required so that those of the severed installations, such as buildings, enclosure walls, sewerage, water, electricity and gas lines and machinery, which will remain with the owners can be brought into a usable condition in line with their former characteristics shall be determined and added to the expropriation price. These expenses and prices shall not be taken into consideration in determining the amount of decrease in value referred to in subparagraph (b).

If the remaining part of an immovable property, a portion of which has been expropriated, is not in a usable condition, the expropriation of this part as well shall be mandatory, in cases where no action has been brought before the administrative judiciary against the expropriation procedure, upon the written application of the owner made within thirty days at the latest from the service of the expropriation decision.

Amended sixth paragraph: 21/3/2018, Law No. 7103, Art. 27 Immovable properties adjacent to the expropriation area following expropriations made for dam construction shall, upon the written application of their owners within one year from the date on which the announcement concerning the completion of the expropriation procedure is taken down, be examined by the commission established within the relevant governorship as to whether the social, economic or settlement order of the surroundings has been disrupted and whether their economic or social use is possible. Where, as a result of the examination made by the commission, it is decided that the social, economic or settlement order of the surroundings has been disrupted and that the use of the immovable property is not possible, the immovable property shall be subjected to expropriation. In actions to be brought by the owner of the immovable property within this scope, application to the relevant governorship commission is a precondition for bringing the action. Matters relating to the implementation of this paragraph shall be regulated by a regulation put into force by the President of the Republic. Articles 22 and 23 shall not apply to adjacent immovable properties expropriated in this manner. The administration may dispose of these immovable properties as it wishes, also taking into account the provisions of the zoning legislation, and may, where necessary, transfer them to the Treasury free of charge.

Where a partially expropriated immovable property subject to shared ownership has previously been actually divided among the co-owners and left to the disposition and use of one or more co-owners, and the partial expropriation made covers all or part of this place, the procedures relating to the expropriation shall in that case be conducted only in respect of this co-owner or these co-owners, and the expropriation price shall be paid to them in proportion to their shares. The share holder or co-owners shall have a right of action only for this part. They shall retain no rights over the non-expropriated part of the immovable property, and their names shall be removed from among the co-owners. These expropriated places shall be registered in the land register in the name of the administration.

Disputes arising from the implementation of this Article shall be resolved by the ordinary judiciary.

Repealed: 24/4/2001, Law No. 4650, Art. 21

Amended: 24/4/2001, Law No. 4650, Art. 7

The owner of the immovable property subject to expropriation may, within thirty days from the date of the service made by the court pursuant to Article 10 or, for those who could not be served, from the date of the announcement made by the court in a newspaper in lieu of service, bring an action for annulment before the administrative judiciary against the expropriation procedure and an action for correction before the ordinary judiciary against material errors.

Actions brought before the administrative judiciary shall be heard with priority.

In joint ownership or co-ownership, each co-owner shall have an individual right of action.

The administration may, within thirty days from the date on which the expropriation documents are submitted to the court, bring an action for correction before the ordinary judiciary against material errors.

Where, during the hearing of actions brought by the administration against the owner and possessor determined in accordance with the provisions of this Law, it is understood that the true owner of the immovable property is another person, the action shall be continued by joining to it this true owner or, if it is established that the registered owner had died earlier, his or her heirs.

Annulled sixth paragraph: by Constitutional Court decision of 25/12/2024, E. 2024/101, K. 2024/232

Amended: 3/11/2016, Law No. 6754, Art. 39

Experts appointed by the courts under this Law shall be selected from the lists prepared by the regional boards of expertise, and the Law on Expert Witnesses and the relevant articles of the Code of Civil Procedure No. 6100 dated 12/1/2011 shall apply to them.

It is mandatory to form a board of experts consisting of at least three persons according to the kind and characteristics of the place subject to expropriation. It is mandatory that one of the experts be selected from among specialists holding a master's or doctoral degree in real estate development or real estate appraisal experts authorised under the Capital Markets Law No. 6362 dated 6/12/2012. For real estate appraisal experts, the conditions of having received basic training and of having actually served for five years, which are required for admission as an expert, and, for specialists holding a master's or doctoral degree, the condition of having actually served for five years, shall not be sought, and these specialists shall be appointed without being limited to the jurisdiction of the regional board of expertise with which they are registered.

The areas of expertise of the experts shall be determined taking into account the nature of the immovable to be expropriated.

The board of experts shall determine and assess the value of the immovable property according to the provisions of Articles 11 and 12 and shall submit its reasoned report to the court within fifteen days.

In the value determination made by the experts, the date on which the documents were submitted to the court by the administration shall be taken as basis.

Repealed: 24/4/2001, Law No. 4650, Art. 21

Repealed: 24/4/2001, Law No. 4650, Art. 21

Amended: 24/4/2001, Law No. 4650, Art. 10

The administration shall determine whether there is a dispute over the ownership of the immovable property whose expropriation has been decided, by inquiring with the land registry office, the cadastral directorate and the civil courts at the place where the immovable property is located and by conducting an on-site investigation.

Where, as a result of the investigations made, it is determined that, although the immovable property is registered in the land register, there is a dispute in court over its ownership or that, although its cadastre has been carried out, it is the subject of an action before the cadastral court, the administration shall submit all the documents prepared pursuant to Article 10 to the civil court of first instance of the place where the immovable property is located and shall request the determination of the expropriation price of the immovable property and a decision for its registration in the name of the administration in return for the payment of this price, in cash in advance or, if the expropriation has been made under the second paragraph of Article 3, in instalments, to the right holder who will be identified as a result of the dispute concerning the ownership conflict.

After service and announcements have been made pursuant to Article 10 to all parties to the action concerning the ownership dispute over the immovable property, the expropriation price of the immovable has been determined, again in accordance with the procedure in that Article, and this price has been deposited by the administration, pursuant to Article 10, in a three-month term deposit account at the bank specified by the court, to be paid to the right holder who will be identified as a result of the action concerning the ownership dispute, the court shall decide that this price be paid to the right holder to be identified later and that the immovable property be registered in the name of the administration, and this decision shall be notified to the land registry office and to the bank where the money was deposited. In expropriations made under paragraph 2 of Article 3, the first and subsequent instalments of the expropriation price to be determined by the court shall likewise be deposited in three-month term deposit accounts at the bank determined by the court.

As a result of the action concerning the ownership dispute, upon the application of the person whom the court has decided to be the right holder, the money shall be paid to the right holder upon the instruction to be written to the bank by the court that determined the expropriation price for the payment of the money to this right holder.

Where there are persons who do not comply with the summons of the court, the procedures provided for in this Article shall be carried out in the absence of the interested party.

If the expropriated immovable property has, by reason of the public service to which it is allocated, turned into a nature that does not require entry in the register, the court shall, upon request, decide on the cancellation of the register entry.

During these registration and cancellation procedures, no tax relationship of the owners in respect of this immovable property shall be sought. However, the land registry office shall notify the situation to the relevant tax office.

This price determined by the court is the expropriation price of the immovable property, resource or servitude.

Where, within the period specified in Article 14, an action for annulment is brought by the right holders before the administrative judiciary against the expropriation procedure and a decision for stay of execution is given by the administrative courts, the court shall treat the action brought before the administrative judiciary as a preliminary question and shall proceed according to its outcome.

Where, in actions for annulment to be brought before the administrative judiciary against the expropriation procedure or in actions for correction to be brought before the ordinary courts against material errors, the action has been directed against the wrong party because the administration against which the action should be directed was not clearly specified or was wrongly indicated in the service and announcement documents, the action shall be continued by serving the true opposing party.

Amended: 24/4/2001, Law No. 4650, Art. 11

The administration shall first determine, by inquiring with the relevant authorities, whether the immovable property not registered in the land register whose expropriation has been decided is among the public properties listed in Article 16 of the Cadastre Law No. 3402 dated 21/6/1987.

Where, as a result of this investigation made by the administration, it is determined that the immovable property not registered in the land register whose expropriation has been decided is not among the public properties listed in Article 16 of the Cadastre Law No. 3402, and that the immovable property has a possessor who claims acquisition by possession, the administration shall conduct an on-site inquiry through the experts selected pursuant to Article 9, collect the evidence and record the matter in minutes. These minutes shall state the surface area of the immovable, the identity of the possessor, the tax record, the starting date and duration of possession, and whether the conditions for acquiring ownership have been fulfilled.

All the documents prepared by the administration and collected pursuant to Article 10 shall be submitted to the civil court of first instance of the place where the immovable property is located, and the determination of the expropriation price of the immovable property and a decision for its registration in the name of the administration in return for the payment of this price in cash in advance or, if the expropriation has been made under the second paragraph of Article 3 of this Law, in instalments, shall be requested.

The court shall determine the expropriation price of the immovable property in accordance with the procedure and within the time limit specified in Article 10. Where the court finds the information and documents submitted by the administration sufficient to show that the possessor had, as of the date of expropriation, acquired the immovable property by possession in accordance with the provisions of the Turkish Civil Code, it shall serve the expert report on the determination of the expropriation price on the administration, and this report together with the other documents submitted by the administration on the identified possessor.

Furthermore, the situation of the immovable property shall be notified to the highest-ranking finance officer of that place and shall be announced at least once each in a local newspaper published in the place where the immovable property is located, on an internet news site and in a newspaper published throughout Türkiye.

In the announcement:

a) The location, site, boundaries and size of the immovable property,

b) The identity of the possessor,

c) The bank where the expropriation price will be deposited,

d) That all defences and evidence relating to the matter and to the value of the immovable property must be notified to the court in writing within ten days from the date of the announcement,

e) That, if the right holders do not object within one month from the last announcement, it will be decided that the expropriation price be paid to the possessor,

shall be stated.

Where no objection is raised by the Treasury or a third person within thirty days from the last announcement, the court shall grant the administration a period of fifteen days to deposit, in the name of the possessor at the bank specified in the announcement, the amount determined by the court as the expropriation price in advance and in cash or, if the expropriation has been made in instalments under the second paragraph of Article 3 of this Law, the first instalment, again in advance and in cash, and to submit the receipt showing that it has been deposited. Where necessary, this period may be extended by the court once only. Upon the submission to the court by the administration of the receipt showing that the expropriation price has been deposited in the name of the possessor, the court shall decide on the registration of the immovable property in the name of the administration and on the payment of the expropriation price to the possessor, and this decision shall be notified to the land registry office and to the bank where the money was deposited.

Where, on the other hand, an objection is raised by the Treasury or third persons within this period, the court shall decide on the registration of the immovable property in the name of the administration after the determined expropriation price has been deposited by the administration in a three-month term deposit account to be opened at the bank specified in the announcement, to be paid to the person who will later prove to be the right holder.

The fact that the expropriation price has been given to the possessor shall not extinguish the right of those claiming rights over that immovable property to bring, in accordance with the general provisions, an action against the possessor for entitlement to the price.

Added paragraph: 26/5/2004, Law No. 5177, Art. 35 In the expropriation of a place that is registered in the land register in the name of another person, ownerless and/or not acquired by its possessor, the minimum material cost of the buildings and, for trees, the price assessed within the framework of Article 11 shall be paid to the possessor.

Amended phrase: 24/4/2001, Law No. 4650, Art. 12 The evacuation of an immovable property registered by the land registry office in the name of the administration for whose benefit the expropriation is made under this Law shall be requested by the administration from the enforcement officer. The enforcement officer shall serve notice on the occupants to evacuate the immovable property within fifteen days. If the immovable property is not evacuated within this period, it shall be evacuated through enforcement. Objections and complaints shall not stay the evacuation, and the court may not issue an interim injunction.

The owner of the property and the administration may not be held liable for compensation by reason of the evacuation of the immovable property.

The evacuation of cultivated land shall be deferred until the end of the harvest. Where it is not possible to wait for the harvest time, the administration making the expropriation may request the evacuation of the land on condition that it compensates the value of the crop to be assessed by the court. If the value of the crop has been taken into account in determining the expropriation value made pursuant to Articles 11 and 12, it shall not be necessary to determine and pay this price again for the evacuation of the immovable property.

The administration may, at any stage of the expropriation, waive the expropriation unilaterally, in part or in whole, by decision of the competent authority that took and approved the expropriation decision. However, in case of waiver during the action, the litigation costs and fees, as well as the attorney's fee to be assessed by the court as a lump sum taking into account the labour expended and the importance of the matter, shall be borne by the administration.

Amended first paragraph: 24/4/2001, Law No. 4650, Art. 13 Where, after the expropriation (…) has become final, there is no longer any need to allocate the immovable properties to the purpose of expropriation or to any need directed at the public interest, this shall be announced by the administration to the owner of the property or his or her heirs in accordance with the provisions of the Notification Law No. 7201. Amended second and third sentences: 10/9/2014, Law No. 6552, Art. 100 Upon this announcement, the owner of the property or his or her heirs may take back the immovable property by paying, within three months, the expropriation price together with the statutory interest accruing from the date on which they received it. Where the return procedure is completed within one year after the expropriation and its price have become final, no interest shall be charged on the expropriation price. Repealed fourth sentence: 10/9/2014, Law No. 6552, Art. 100

Added paragraph: 10/9/2014, Law No. 6552, Art. 100 The owner of the property or his or her heirs who do not accept to take back the immovable property under the provisions of this Article shall also lose their right of repurchase under Article 23.

Added paragraph: 10/9/2014, Law No. 6552, Art. 100 The provisions of this Article shall not apply where five years have elapsed from the date on which the expropriation became final.

However, where an administration other than the administration that made the expropriation is willing to acquire the expropriated immovable property for the purpose of a public service that it could carry out by way of expropriation, the provision of the paragraph above shall not be applied, and action shall be taken under Article 30 of this Law or Article 23 of the Public Accounting Law No. 1050.

If, within five years from the date on which the expropriation price becomes final, the administration that carried out the expropriation, or the administration to which a transfer or allocation was made pursuant to paragraph 4 of Article 22, does not carry out any operation or installation in conformity with the purpose of the expropriation and transfer, or does not allocate the immovable property to a need directed at the public interest and leaves it as it is, the owner or the owner's heirs may take back the immovable property by paying the expropriation price together with the statutory interest accruing from the day on which they received it.

The right of repurchase that is not exercised within one year from its arising shall lapse.

Added paragraph: 10/9/2014, Law No. 6552, Art. 100 After the expiry of the time limits specified in the first and second paragraphs, no claim for any right, price or compensation may be made against the administration, on any ground whatsoever, by the former owners or their heirs alleging that they have rights in the expropriated immovable property, and no action may be brought.

Where more than one immovable property is expropriated together for the realisation of the same purpose, the situation of those immovable properties shall be deemed to form a whole and the above paragraphs shall be applied accordingly.

Provisions in special laws stating that this Article shall not apply are reserved. The provision of this Article shall not apply to expropriations carried out on the basis of Law No. 1164 on the Land Office, nor to expropriations to be carried out in the cases specified in paragraph 2 of Article 3 of this Law.

Where the buildings, fixed installations and crops and plantings on immovable property whose expropriation has been abandoned or which has been taken back pursuant to Articles 21, 22 and 23 have been demolished, dismantled or have fallen into ruin, the owner or the owner's heir may, upon taking back the immovable property, request that the difference, calculated according to the value on the date of expropriation, be deducted from the expropriation price that he or she is to pay.

Disputes arising from the application of this Article and of Articles 21, 22 and 23 shall be resolved by the ordinary (civil) courts.

Amended: 24/4/2001, Law No. 4650, Art. 14

For the purposes of the exercise of rights and the performance of obligations, the expropriation procedure shall commence, for the owner, with the service made by the court pursuant to Article 10. Ownership shall pass to the administration by the registration decision rendered by the court.

As from the date of the registration decision rendered by the court, the owner of the immovable property shall lose rights of use over the immovable property whose expropriation has been decided, such as erecting new construction or sowing, or making substantial changes to existing construction. The value of anything done thereafter shall not be taken into account.

Added paragraph: 12/7/2013, Law No. 6495, Art. 27 In large projects extending over future years, such as dams, irrigation networks and pipelines, highways, railways, ports and airports, the public interest decision shall be announced by being posted for a period of fifteen days at the neighbourhood and/or village headman's office (muhtarlık) where the immovable properties to be expropriated are located. As from the end of the announcement period of the public interest decision, the value of fixed installations built and trees planted on the immovable properties to be expropriated shall not be taken into account in determining the expropriation price. Amended third sentence: 19/4/2018, Law No. 7139, Art. 28 This restriction on the immovable properties shall be five years from the end of the announcement date, (…)

If the owner accepts, instead of the expropriation price, an amount of the administration's immovable properties that have not been allocated to public service, sufficient to cover this price in part or in full, may be given.

The value of the immovable property to be given in lieu of the expropriation price shall be determined by the tender commission of the administration or, if there is none, by a commission to be set up by it for this purpose. The difference between the prices of the immovable properties shall be covered in cash by the parties. However, the value of the immovable property to be given by the administration may not exceed one hundred and twenty per cent of the expropriation price.

In the application of Law No. 3634 on National Defence Obligations, in cases where a decision is to be taken by the President of the Republic on the need for national defence or on urgency, or in extraordinary situations provided for by special laws, in the expropriation of the immovable properties required, the procedures other than valuation being completed subsequently, possession of the immovable property may be taken, upon the request of the relevant administration, after the value of that immovable property, determined by the court within seven days Amended phrase: 24/4/2001, Law No. 4650, Art. 15 in accordance with the principles of Article 10 and by experts to be selected pursuant to Article 15, has been deposited by the administration in the name of the owner in the bank specified in the summons and announcement to be made Amended phrase: 24/4/2001, Law No. 4650, Art. 15 according to Article 10.

Added paragraph: 19/4/2018, Law No. 7139, Art. 29 The decision on taking possession of the immovable property rendered by the court shall be notified to the land registry directorate. The rule that the immovable property may not be transferred, conveyed or assigned to another person shall be annotated in the land register. After the decision on taking possession, the immovable property shall be vacated pursuant to Article 20.

In expropriations to be carried out in the cases specified in paragraph 2 of Article 3 of this Law, the amount to be deposited shall be the first instalment to be paid.

The Ministry of National Defence is authorised to use, without being subject to any duty or charge, lime, stone and sand quarries deemed necessary for national defence construction and installations that are not under the ownership and disposal of natural persons and legal persons of private law or under their usufruct by virtue of a licence.

The Ministries of Public Works and of Village Affairs and Cooperatives, as well as the General Directorate of the Turkish State Railways, the General Directorate of Highways and the General Directorate of State Hydraulic Works, may likewise, for the same reasons and under the same conditions, use without being subject to any duty or charge the lime, stone and sand quarries in all directions of the railway line, highway or water facilities that are not under the ownership and disposal of natural persons and legal persons of private law or under their usufruct by virtue of a licence.

Amended: 11/6/2026, Law No. 7584, Art. 16

The travel allowances of the court panel under Article 10, the fees, to be assessed by the court, of the experts constituted by the court pursuant to Article 15 and of the headman (muhtar) heard during the on-site inspection, as well as land registry fees, the land registry fees arising in the execution of final court decisions concerning registration rendered as a result of actions for de facto expropriation (taking without expropriation) and for compensation, or in the implementation of a settlement record drawn up between the owner and the administration on account of de facto expropriation, and other expenses required by this Law shall be paid by the administration.

Amended: 24/4/2001, Law No. 4650, Art. 17

Immovable property, spring rights or easement rights owned by public legal persons and public institutions may not be expropriated by another public legal person or institution.

The administration that needs the immovable property, spring right or easement right shall determine the price pursuant to Article 8. On the basis of this price, it shall apply in writing to the owner administration, also stating the price it will pay. If the owner administration does not consent to the transfer or does not reply within sixty days, the dispute shall, upon the application of the acquiring administration, be examined by the relevant administrative chamber of the Council of State and finally decided within two months.

Where the parties cannot agree on the price, the acquiring administration shall, within thirty days from the date of agreement on the transfer or from the date of service of the Council of State decision, apply to the court in accordance with the procedure set out in Article 10 and request the determination of the expropriation price. In the proceedings to be conducted in this case, the provisions of Law No. 3533 dated 29/6/1938 shall not be applied by the court.

The court shall grant the acquiring administration a period of fifteen days to deposit the amount determined as the expropriation price according to the procedure provided for in Article 10, in advance and in cash, in a bank to be designated by the court for payment to the owner administration, and to submit the receipt showing that it has been deposited. Where necessary, this period may be extended once only. Upon submission by the acquiring administration of the receipt showing that the expropriation price has been deposited in the bank in the name of the owner administration, the court shall decide on the registration of the immovable property in the name of the acquiring administration and on the payment of the expropriation price to the owner administration, and this decision shall be notified to the land registry office and to the bank in which the money was deposited. The registration judgment is final, and the parties' rights of appeal concerning the price are reserved.

The immovable property, spring right or easement right acquired by transfer in this manner shall be deemed to have been acquired from its owner by way of expropriation and may not be used for any public purpose other than the purpose of the transfer, except with the permission of the transferring administration. Otherwise, the transferring administration may take back the immovable property pursuant to Article 23. This matter shall be annotated in the declarations section of the land register.

Added paragraph: 20/8/2016, Law No. 6745, Art. 32 Immovable properties, spring rights or easement rights belonging to public institutions and organisations, local administrations including municipalities and special provincial administrations, and other public legal persons, which are needed by the Ministry of Interior on security grounds, shall be registered ex officio in the name of the Treasury and allocated to the Ministry of Interior by decision of the President of the Republic. The price of the immovable property shall be determined ex officio by the governorships within sixty days from the registration, also taking into account the criteria specified in Article 11 of this Law. Objections concerning the price shall be made to the Council of State. Objections shall not stay the registration. The courts may not issue interim injunctions or decisions to stay execution, and the provisions of Law No. 3533 shall not apply. Amendments to the zoning plan needed in relation to these immovable properties shall be made, or caused to be made, ex officio by the Ministry of Environment and Urbanisation.

Amended: 24/4/2001, Law No. 4650, Art. 18

The acts and conduct written below are prohibited.

a) The obtaining of benefit in any manner by experts constituted pursuant to Article 15 other than the fee assessed for them by the court,

b) The transfer and conveyance or assignment of the immovable property to another person after the service, summons or service by public announcement made by the court pursuant to Article 10.

c) The assumption of the litigation costs by lawyers or legal representatives or persons acting on their behalf.

d) The payment in advance to the owner, in cash or in any other form, of all or part of the expropriation price by a lawyer or legal representative or persons acting on their behalf.

e) The agreement that all or part of the expropriation price shall belong to the lawyer or legal representative or persons acting on their behalf.

f) The offering to the owner by lawyers or legal representatives, in person or through an intermediary, of the acts prohibited in the subparagraphs written above, or assisting therein.

Those among the persons assigned under this Law who commit offences shall be punished as civil servants. However, the penalties to be imposed shall be increased by not less than half and up to double the penalty prescribed for that offence.

Amended: 24/4/2001, Law No. 4650, Art. 19

Unless their acts constitute a separate offence requiring a heavier penalty, those who act contrary to subparagraph (a) of Article 31 of this Law shall be punished with imprisonment of not less than two years and a heavy fine of from two billion lira to four billion lira; those who act contrary to subparagraphs (d), (e) and (f) with imprisonment of not less than one year and a heavy fine of from five hundred million lira to one billion lira; and those who act contrary to subparagraphs (b) and (c) with imprisonment of from six months to two years and a heavy fine of from two hundred million lira to four hundred million lira. The fines in this Article shall be increased each year in accordance with the provisions of Additional Article 2 of Turkish Criminal Code No. 765 dated 1/3/1926.

Owners have the right to take back, within one year, the money they have given, or the equivalent of the benefits they have provided, despite the prohibitions in Article 31, to lawyers or legal representatives, to persons assigned under this Law or to third persons.

Places where zoning legislation is applied or private parcelling is carried out:

No claim of ownership may be made, and no compensation may be requested, by the former owners in respect of places for roads, green areas and similar public services and facilities taken once only as a contribution share for land readjustment from parcels subjected to readjustment under zoning legislation, or in respect of places set aside for public services and facilities with the consent of the owner at the end of private parcelling.

Where, after the necessary procedures under the expropriation laws have been completed and the transfer to the administration of those registered in the land register and the registration of those not registered in the land register have been effected, a title deed is again established, for any reason whatsoever, in the name of natural or legal persons for the expropriated place, the judge shall, upon the request of the administration, examine the matter on the documents and, if deemed necessary, on site, and render a decision on the cancellation of the subsequent entry.

These procedures are not subject to fees (harç) or duties.

Those disputes arising from this Law which must be resolved by the ordinary (civil) courts shall be heard by the civil courts of first instance of the place where the immovable property is located, under the simple procedure.

Annulled by Constitutional Court decision of 10/4/2003, E. 2002/112, K. 2003/33

Amended: 24/4/2001, Law No. 4650, Art. 20

Where the tax value forming the basis for the assessment of property tax for the year in which the expropriated immovable was expropriated is less than the final expropriation price, property tax with penalty shall be assessed on the difference between the expropriation price and the tax value.

Where the property tax return has not been filed despite the additional period, the final expropriation price shall replace the tax value for the year in which the expropriation was carried out, and property tax with penalty shall be assessed on this value.

Expropriation Law No. 6830 dated 31/8/1956, together with its additions and amendments, Article 5 of Mass Housing Law No. 2487 dated 8/7/1981, and the provisions of provisional Article 2 of Law No. 2587 dated 21/1/1982 concerning the determination of the value of the expropriated immovable property have been repealed.

Petroleum Law No. 6326 dated 7/3/1954 and its amendments, the provisions of Law No. 6538 dated 15/4/1955 on the Repair and Restoration of the Istanbul Grand Bazaar (Kapalıçarşı), and the provisions on expropriation in other special laws are reserved.

References made in other laws to the Expropriation Law (İstimlak Kanunu) or to certain of its articles shall be deemed to have been made to this Law or to the article or articles of this Law regulating the same matters.

Added: 20/8/2016, Law No. 6745, Art. 33

In respect of immovable properties whose disposal is legally restricted in a manner affecting the essence of the right of ownership by being set aside for public services and official institutions in implementation zoning plans, zoning programmes or zoning applications shall be carried out within a period of five years from the entry into force of the implementation zoning plans, and, within budgetary means, these immovable properties shall be expropriated by the relevant administrations or, in any case, an amendment to the zoning plan shall be made or caused to be made so as to remove the restriction preventing the exercise of the right of ownership. Annulled sentence: Annulled by Constitutional Court decision of 20/12/2018, E. 2016/181, K. 2018/111 Added sentence: 16/11/2022, Law No. 7421, Art. 3 Annulled third sentence: Annulled by Constitutional Court decision of 16/1/2025, E. 2024/135, K. 2025/20

Annulled second paragraph: Annulled by Constitutional Court decision of 20/12/2018, E. 2016/181, K. 2018/111

Annulled third paragraph: Annulled by Constitutional Court decision of 20/12/2018, E. 2016/181, K. 2018/111

Annulled fourth paragraph: Annulled by Constitutional Court decision of 20/12/2018, E. 2016/181, K. 2018/111

Added: 21/12/2019, Law No. 7201, Art. 5

Actions concerning expropriation and expropriation-against-advance operations and procedures carried out before 8/12/2004 within the scope of Law No. 1164 dated 29/4/1969 on the Production and Utilisation of Land shall be brought against the Ministry of Environment and Urbanisation. In expropriations against advance, recourse actions shall be brought, pursued and concluded by the Ministry. The Ministry may be a defendant and a claimant in these actions.

Added: 21/12/2019, Law No. 7201, Art. 6

In all kinds of actions to be brought against administrations on account of expropriation prices that were deposited in public banks in the name of the former owners of immovable properties registered in the name of administrations on the basis of final court decisions under Articles 16 and 17 of repealed Expropriation Law No. 6830 dated 31/8/1956 and under the repealed Articles 16 and 17 of this Law, but which are found not to have been paid to the right holders, the value shall be determined by taking as the valuation date the date on which the immovable property was registered in the name of the administration and having regard to its characteristics on that date. This determined price shall be updated on the basis of the monthly rates of change in the Domestic Producer Price Index (D-PPI) table announced by the Turkish Statistical Institute Annulled phrase: Annulled by Constitutional Court decision of 4/5/2023, E. 2019/93, K. 2023/87 and the resulting price shall be paid to the right holder. Added sentence: 9/6/2021, Law No. 7327, Art. 20 This provision shall also apply to immovable properties registered in the name of the administration despite there being incomplete or defective expropriation procedures, including service.

Added paragraph: 16/11/2022, Law No. 7421, Art. 4 Where, for the expropriation of immovable properties registered in the name of administrations on the basis of final court decisions under Articles 16 and 17 of repealed Law No. 6830 and under the repealed Articles 16 and 17 of this Law, the expropriation prices have been deposited in public banks in the name of the former owners and paid to the right holders, incomplete or defective expropriation procedures, including service, shall be deemed to have become final as of the date on which the expropriation price was paid. This provision shall also apply to immovable properties registered in the name of the administration despite there being incomplete or defective expropriation procedures, including service.

Added: 16/11/2022, Law No. 7421, Art. 5

The price, compensation, attorney's fees and litigation costs awarded by the courts under this Law shall be deposited, within thirty days from the date of notification, into the bank account number that the claimant or the claimant's attorney notifies in writing to the defendant administration. If payment is not made within this period, enforcement shall be carried out in accordance with the general provisions.

In enforcement proceedings to be initiated under this Law, if the administration requests a stay of enforcement pursuant to Article 36 of Enforcement and Bankruptcy Law No. 2004 dated 9/6/1932, the administration shall not be obliged to provide security.

Court and enforcement fees relating to decisions on price and compensation rendered in actions brought within the scope of this Law shall be determined as fixed fees, to be paid by the defendant administration.

Public interest and expropriation decisions taken before the entry into force of this Law are valid. However, in matters for which no valuation has yet been made by the administration, the valuation procedures and the subsequent procedures shall be carried out in accordance with the provisions of this Law.

The provisions of this Law shall apply to actions brought before the entry into force of this Law and not yet finally decided. However, fees, litigation costs and attorney's fees may not be imposed on the party who loses by reason of the application of the amended provisions introduced by this Law.

In actions brought before the entry into force of this Law, time limits for actions which began to run under the laws in force on the day the action was brought shall be determined in accordance with those laws.

Where the provision of Article 22 has been or is to be applied in respect of immovable property expropriated before the entry into force of this Law and for which four years have elapsed since the expropriation price became final, administrations shall be granted an additional period of 2 years from the entry into force of this Law.

The owner's right of repurchase shall arise only after the expiry of this period.

In actions brought by the former owners or possessors, or their successors, of immovable properties deemed to have been expropriated in the name of public legal persons or institutions by reason of falling within the scope of Law No. 221 dated 5 January 1961, which have not been finally decided, the provisions of the said Law No. 221 shall apply.

Added: 24/4/2001, Law No. 4650, Art. 21 Until the regulation provided for in amended Article 15 of this Law is issued, expert witnesses shall be selected in accordance with the previous provision.

Added: 18/6/2010, Law No. 5999, Art. 1; Amended: 24/5/2013, Law No. 6487, Art. 21

Claims arising from the right of ownership by reason of the de facto seizure, without the owner's consent, wholly or partially or by way of establishing a right of easement, of immovables or resources which, although expropriation procedures have not been completed or no expropriation has been carried out at all, were actually allocated to public service between 9/10/1956 and 4/11/1983, or were allocated to a need relating to the public interest and on which facilities were built, and, where payment of the price is claimed, the determination of the price and other procedures shall be carried out in accordance with the provisions of this article. In procedures to be carried out under this article, the prior application of the settlement procedure is a precondition for bringing an action.

Upon the invitation of the administration or the application of the owner, the estimated value of the de facto seized immovable, or of the easement right established thereon, as at the date of the administration's invitation or the owner's application shall be determined by the valuation commission formed under the second paragraph of Article 8 of this Law, on the basis of the characteristics of the immovable at the date of seizure and by calculation in accordance with Articles 11 and 12 of this Law. After the determination, the claimant shall be invited to settlement negotiations by the settlement commission formed under the third paragraph of Article 8 of this Law, by a letter served in accordance with the provisions of Law No. 7201 within six months at the latest from the date of the administration's invitation or the owner's application, without the estimated value being disclosed.

Settlement may be made by way of exchange of an immovable belonging to the administration, the grant of a limited right in rem over an immovable belonging to the administration, or allowing the use of development rights at another location within the framework of zoning legislation, or, where these are not possible, on the basis of a cash price.

Settlement negotiations shall be concluded within six months at the latest from the date of response to the invitation, unless there is a legal or factual impediment, and whether or not a settlement has been reached shall be recorded in minutes signed by the owner or his or her representative and the commission members. These minutes and the information and documents relating to the settlement negotiations shall not constitute evidence against the parties in actions to be brought. Where a settlement is reached, a contract shall be concluded containing the type of right agreed upon, the conditions and procedures for its grant, the amount and payment terms if a cash payment is to be made, and also the consent to the registration or deregistration of the immovables in the land register; procedures shall be carried out within the framework of this contract, and the immovables subject to the settlement shall be registered in or deleted from the land register ex officio.

The agreed price may also be paid in instalments extending into subsequent years within the limits of budgetary means. During the instalment payment period, statutory interest shall additionally be paid in accordance with Law No. 3095 on Statutory Interest and Default Interest dated 4/12/1984.

Where no settlement can be reached between the administration and the owner, an action for determination of the price may be brought by the owner or the administration within three months from the date on which the minutes of non-settlement are drawn up. Where an action is brought, the value of the de facto seized immovable, or of the easement right established thereon, as at the date of the action shall be determined by the court in accordance with the principles in the first sentence of the second paragraph, through an expert examination carried out under Article 15 of this Law, and the court shall order the registration of the immovable or right in the name of the administration or its deregistration. The price so determined shall be paid by the administration in accordance with the eighth paragraph of this article. The judgment on registration or deregistration is final; the parties' right of appeal in respect of the price awarded is reserved.

In actions brought under this article, court and enforcement fees and all kinds of attorney's fees shall be determined as fixed amounts in the manner provided for actions for determination of the price.

For use in payments under this article based on finalised court decisions, where needed, a share shall be set aside in the annual budgets of administrations included in the central government budget at the rate of two percent of the appropriations allocated for capital expenditure (in the case of the budgets of the Ministry of National Defence, the General Command of Gendarmerie and the Coast Guard Command, of the appropriations allocated for procurement of goods and services and construction expenditure relating to security and defence), and in the annual budgets of municipalities, special provincial administrations and their affiliated administrations at a rate of at least two percent of the total of their most recently finalised budget revenues, and of other administrations at a rate of at least two percent of the total of their most recently finalised budget expenditures. Where the total amount of finalised receivables exceeds the total amount of the appropriation set aside, payments shall be made pro rata and in instalments extending into subsequent years. In determining the instalments, budgetary means and the amounts of the receivables shall be taken into account. During the instalment payment period, statutory interest shall additionally be paid in accordance with Law No. 3095. Instead of the cash payment required by the court decision, the administration may also offer the other means of settlement set out in the third paragraph, and procedures may be carried out in accordance with the provisions of this article relating to settlement.

The provisions of this article relating to the price shall also apply to persons whose actions for compensation brought on account of seizure without expropriation which, as at the date of its occurrence, falls within the scope of this article were dismissed on the ground that the right of action had lapsed by reason of the time limit. The provisions of this article shall not apply to persons who became entitled to receive compensation as a result of actions they previously brought, or whose actions were dismissed for reasons other than the time limit. However, to persons to whom the compensation they became entitled to as a result of actions previously brought, whether under domestic law or under international law, has not yet been paid, the administration may offer, instead of a cash payment, the other means of settlement set out in the third paragraph, and procedures may be carried out in accordance with the provisions of this article relating to settlement.

Persons who, before the entry into force of this article, brought an action claiming compensation on account of seizure without expropriation which, as at the date of its occurrence, falls within the scope of this article may notify, by petitions to be submitted to the administration and the court within three months from the entry into force of this article, whether or not they wish to resort to settlement under the provisions of this article. Upon a request for settlement, the action shall be stayed until the outcome of the settlement negotiations; where no settlement is reached, the action shall continue after the minutes of non-settlement are submitted to the court. Repealed third sentence: 20/8/2016, Law No. 6745, Art. 34 The provisions of this article shall apply to all actions that have not been decided or whose decisions have not become final. To actions whose decisions have become final, only the provisions of the eighth paragraph of this article shall apply.

The property, rights and receivables of administrations may not be attached for the collection of the price payable under this article.

Annulled twelfth paragraph: by Constitutional Court decision of 13/11/2014, E. 2013/95, K. 2014/176

Annulled thirteenth paragraph: by Constitutional Court decision of 13/11/2014, E. 2013/95, K. 2014/176

Added paragraph: 3/11/2016, Law No. 6754, Art. 40 In actions to be brought under this article, the provisions on expert witnesses set out in Article 15 shall apply.

Added: 24/5/2013, Law No. 6487, Art. 22; Annulled by Constitutional Court decision of 13/11/2014, E. 2013/95, K. 2014/176

Added: 12/7/2013, Law No. 6495, Art. 28

The provision of the last sentence of the first paragraph of Article 22 of this Law shall also apply to actions not yet finalised that were brought by the former owners of expropriated immovables or their heirs, on account of expropriation procedures carried out before the date of entry into force of this article, for the recovery of such immovables or claiming the price or compensation.

Added: 10/9/2014, Law No. 6552, Art. 101

The provision of the third paragraph of Article 23 of this Law (…), as amended or added by the Law establishing this article, shall also apply to actions not yet finalised that were brought by the former owners of expropriated immovable property or their heirs, on account of expropriation procedures carried out before the date of entry into force of this article, for the recovery of such immovable property or claiming the price or compensation. The litigation costs of actions dismissed by reason of the application of this article shall be paid by the defendant administration.

Added: 4/4/2015, Law No. 6645, Art. 12

With respect to expropriation prices which, as at the date of entry into force of this article, were paid by the administration on account of expropriation but are required to be repaid pursuant to finalised judicial decisions, collection of the interest payable together with the expropriation price shall be waived on condition that the price is paid, where the demand was served on the debtor by the administration before the date of entry into force of this article, within six months starting from the month following the publication of this Law, or, where it was not served, within three months from the date of service on the person concerned. However, in services to be made after the date of entry into force of this article, where the three-month period granted for payment falls within the six-month period provided for in this article, the three-month period shall be extended until the expiry date of the six-month period. Persons benefiting from the provision of this article may not bring an action in this regard. Enforcement proceedings initiated against such persons shall be suspended during the payment period and terminated following payment, and enforcement and litigation costs shall not be claimed.

Added: 20/8/2016, Law No. 6745, Art. 34

Annulled first paragraph: by Constitutional Court decision of 28/3/2018, E. 2016/196, K. 2018/34

Annulled second paragraph: by Constitutional Court decision of 28/3/2018, E. 2016/196, K. 2018/34

Added: 20/8/2016, Law No. 6745, Art. 35

In all kinds of receivable and price increase actions to which administrations are a party, arising from zoning implementations carried out in accordance with the provisions of Law No. 2981 dated 24/2/1984 on Certain Procedures to be Applied to Structures Contrary to Zoning and Squatter Housing Legislation and on the Amendment of an Article of Zoning Law No. 6785, the value of the immovable shall be determined by taking as the valuation date the date on which the implementation was registered in the land register and having regard to its characteristics on that date. The price so determined shall be updated as at the date of the action on the basis of the Domestic Producer Price Index table published by the Turkish Statistical Institute, and the resulting actual price shall be paid to the right holder.

The provisions of the third, seventh, eighth and eleventh paragraphs of provisional Article 6 of this Law shall also apply to actions and enforcement proceedings within the scope of this article. Pending actions and enforcement proceedings shall be concluded in accordance with the provisions of this article.

Added: 21/3/2018, Law No. 7103, Art. 28 Annulled by Constitutional Court decision of 3/3/2021, E. 2018/99, K. 2021/14

Added: 19/4/2018, Law No. 7139, Art. 30

With respect to expropriation prices which, as at the date of entry into force of this article, were paid by the administration on account of expropriation but are required to be repaid pursuant to judicial decisions that became final following appellate (istinaf) and cassation (temyiz) review, no interest shall be charged for the period between the date of payment made by the administration and the date on which the letter concerning repayment was served on the person concerned. Where the letter concerning repayment was served on the debtor by the administration, or enforcement proceedings were initiated against the debtor, before the date of entry into force of this article, collection of interest shall be waived for receivables not paid by the date of entry into force of this article, on condition that they are paid within three months from the date of entry into force of this article.

Persons benefiting from the provision of this article may not bring an action in this regard. Enforcement proceedings initiated against such persons shall be suspended during the payment period and terminated following payment; enforcement and litigation costs shall not be claimed.

Added: 30/5/2019, Law No. 7176, Art. 21 Annulled by Constitutional Court decision of 4/2/2021, E. 2019/89, K. 2021/10

Added: 21/12/2019, Law No. 7201, Art. 7

Pending actions brought before judicial authorities in favour of or against the Presidency of the Housing Development Administration (Toplu Konut İdaresi Başkanlığı), or in which it has been made a party, and enforcement proceedings, relating to expropriation and expropriation-against-advance works and procedures carried out under Law No. 1164 before 8/12/2004, shall be concluded by applying the provision of additional Article 2.

Actions brought and pending against administrations on account of expropriation prices deposited in public banks in the name of the former owners of immovables registered in the name of administrations on the basis of court decisions finalised under Articles 16 and 17 of repealed Law No. 6830 and repealed Articles 16 and 17 of this Law, but found not to have been paid to the right holders, shall be concluded Annulled phrase: by Constitutional Court decision of 4/5/2023, E. 2019/93, K. 2023/87.

Added: 9/6/2021, Law No. 7327, Art. 21

Annulled first sentence: by Constitutional Court decision of 30/6/2022, E. 2021/127, K. 2022/85 Annulled second sentence: by Constitutional Court decision of 30/6/2022, E. 2021/127, K. 2022/85

Added: 9/6/2021, Law No. 7327, Art. 22

The sentence added to additional Article 3 of this Law by the Law establishing this article shall also apply to pending actions, including those under appellate review, as at the date of entry into force of the Law establishing that sentence.

Added: 16/11/2022, Law No. 7421, Art. 6

The second paragraph added to additional Article 3 of this Law by the Law establishing this article shall also apply to pending actions, including those under appellate review, as at the date of entry into force of the Law establishing this article, and to actions for retrial.

Added: 16/11/2022, Law No. 7421, Art. 7

For use in the payment of prices and compensation awarded in actions brought on account of the de facto seizure of, or legal interference with, immovables or resources, without the owner's consent, wholly or partially or by way of establishing a right of easement, which, although expropriation procedures have not been completed or no expropriation has been carried out at all, were actually allocated to public service from 4/11/1983 until 28/7/2021, or were allocated to a need relating to the public interest and on which facilities were built, where needed, a share shall be set aside in the annual budgets of administrations included in the central government budget at the rate of three percent of the appropriations allocated for capital expenditure (in the case of the budgets of the Ministry of National Defence, the General Command of Gendarmerie and the Coast Guard Command, of the appropriations allocated for procurement of goods and services and construction expenditure relating to security and defence), and in the annual budgets of municipalities, special provincial administrations and their affiliated administrations at a rate of at least three percent of the total of their most recently finalised budget revenues, and of other administrations at a rate of at least three percent of the total of their most recently finalised budget expenditures. Where the total amount of the receivables exceeds the total amount of the appropriation set aside, payments shall be made pro rata and in instalments extending into subsequent years. In determining the instalments, budgetary means and the amounts of the receivables shall be taken into account. Annulled fourth sentence: by Constitutional Court decision of 27/6/2024, E. 2024/4, K. 2024/129

The first paragraph shall also apply to all actions and enforcement proceedings in which the price and compensation have not been paid as at the date of entry into force of this article.

Added: 2/7/2026, Law No. 7588, Art. 8

Immovables that were actually allocated to public service, in conformity with the purpose of the expropriation laws but without relying on expropriation procedures, until 8/10/1956, the date on which repealed Law No. 6830 entered into force, shall be deemed to have been expropriated in the name of the relevant public institutions and organisations on the date of allocation.

The construction on the immovable of a facility or structure in conformity with the nature and purpose of the public service shall be deemed actual allocation for the purposes of the application of this Law.

Of the immovables referred to in the first paragraph, the registered owners of those registered in the land register or their heirs, and the possessors of those not registered in the land register or their heirs, provided that the conditions for acquisition by possession had been fulfilled as at the date of allocation and ten years had not elapsed from the date of actual allocation, may claim only the market value of the immovable as at the date of actual allocation, within the period determined by Law No. 221, which was annulled by the Constitutional Court.

The provisions of this article shall apply to pending price actions, including those under appellate review, brought until 12/1/1963 concerning immovables within the scope of this article.

Claims, including claims for the price, asserted after 12/1/1963 in connection with immovables deemed to have been expropriated under the first paragraph shall not be accepted. This provision shall also apply to pending actions, including those under appellate review, brought after 12/1/1963.

In actions brought and pending under this article, court and enforcement fees and all kinds of attorney's fees shall be determined as fixed amounts.

Immovables deemed to have been expropriated under the first paragraph shall, if registered in the land register, be registered in the name of the relevant administration by way of an action to be brought upon the request of the relevant public institutions and organisations. Immovables without a land register record shall be recorded in the name of the relevant administration if, by the nature of the allocation, they are subject to registration. These procedures shall not be subject to fees.

This Law shall enter into force on the date of its publication.

This Law shall be executed by the Council of Ministers.

PROVISIONS THAT COULD NOT BE INCORPORATED INTO THE PRINCIPAL LAW

No. 2942 DATED 4/11/1983

1 – Provision of Law No. 4650 dated 24/4/2001:

For expropriations for which an expropriation decision had been taken but no service had yet been made as at the date of entry into force of this Law, the provisions of this Law shall apply; to the others, the previous provisions shall apply.