How to File an Expropriation Compensation Increase Action in Turkey — The 30-Day Deadline

An expropriation compensation increase action is one in which an owner who considers the expropriation compensation set by the administration and notified to them inadequate seeks a ruling awarding compensation matching the property's true value.

How the Expropriation Process Works

Under Expropriation Law No. 2942, the administration determines the compensation for the property to be expropriated through its own valuation commission and notifies the owner of this amount. If the owner accepts the notified amount, the expropriation is completed on that basis; if they consider it inadequate, they have the right to file a compensation increase action.

Filing Deadline

Under Article 14 of the Expropriation Law, a compensation increase action must be filed within thirty days of the expropriation compensation being notified to the owner; this period is preclusive, and if missed, the owner is deemed to have accepted the notified compensation and permanently loses the right to file the action.

Competent Court

The compensation increase action is filed with the civil court of first instance where the property is located; any action the administration files to annul the expropriation act itself is heard before the administrative court, and these two actions proceed independently of each other.

The Role of the Expert Examination in Determining Compensation

The court appoints a panel of experts (typically comprising a surveying engineer, an agricultural engineer, and a real estate valuation specialist) to determine the property's true value; the expert report determines the current market value based on factors such as comparable sales, the nature of the property (land, field, building), and its location. In practice, this expert report is the factor with the greatest influence on the outcome of the case.

The Importance of Filing Early

Because expropriation compensation is generally calculated based on the value as of the date the property changed hands, and court proceedings can take a long time, filing the action within the deadline and as soon as possible increases the likelihood of a favourable outcome for the owner.

Practical Recommendations

When you receive the expropriation notification, note the thirty-day deadline and gather comparable sales information supporting your property's value, its zoning status, and any prior valuation reports, then plan the litigation process together with a lawyer.

This article is for informational purposes only and does not constitute legal advice. Please contact our team regarding your specific situation.