Türkiye Adalet Akademisi Dergisi

Yazarlar: Murat Buğra TAHTALI

Konular:Hukuk

Anahtar Kelimeler:Administrative law,Revoked expropriation,Owner’s right to reclaim expropriated property,Freehold,Administrative liability.

Özet: Expropriation is an administrative action of the State that amounts to a direct intervention to the right to property, subject to rules and limitations set out in the Turkish Constitution of 1982. Under the constitutional provisions, the manner and procedure of executing real estate is specifically regulated in detail by Expropriation Law No.2942, according to which the original owner of expropriated real estate is granted with the right to reclaim revocation of expropriation should the State fail to fulfil its obligations arising from the law, to bring the whole process into successful conclusion within the prescribed timeframe. The Law of Expropriation stipulates five years of limitation as extinctive prescription after which the original owner has one year to institute a claim as such. The present study needs to be evaluated to re-examine, from the viewpoint of the principles of administrative law and in particular administrative liability for fault, the real estate owner’s duty to pay reverse compensation for revoked expropriation, imposed by the public authority in violation of its duties arising from the law.

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