Turkish Grand National Assembly Warning: You Are Viewing Act, The Parliamentary General Assembly Has Already Adopted. If It Does Not Include The Changes Made Later. Law Amending The Law Of Expropriation

Original Language Title: TÜRKİYE BÜYÜK MİLLET MECLİSİ Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. KAMULAŞTIRMA KANUNUNDA DEĞİŞİKLİK YAPILMASI HAKKINDA KANUN

Read the untranslated law here: https://www.tbmm.gov.tr/kanunlar/k4650.html

Law No. 4650

Acceptance Date: 04/24/2001

Article 1 - The following paragraph has been added to the Expropriation Law No. 2942 dated 4.11.1983 and of Article 3.
Administrations not başlanıla expropriation process without providing adequate compensation.
Article 2 - 2942 The last sentence of the third paragraph of Article 7 of the Act is amended as follows. by
Administration commentary registered on behalf of the government in the determination of expropriation according to Article 10 within six months from the date to be taken from the court that made the request when the document is to be submitted to the land registry administration, this commentary deed authorities of the picture is deleted from the register.
Article 3 - Article 8 of the 2942 Act has been amended as follows.
Article 8 - Administration of, in accordance with this Law, the procurement procedure to be made about the expropriation of immovable property registered in the land registry is essential priorities applications. After receiving the
expropriation decision to make the expropriation authority, on the basis of this Law Article 11 and experts on the subject, based on reports from the company or institution, if necessary Chamber of Commerce of and taking advantage of receivable information from local real estate agencies immovable estimated cost of one or more securities consisting of at least three people in their structure to determine if the commission is appointed.
In addition, the administration, the estimated purchase price through negotiation and appoint a person within its structure consisting of at least three or more of the reconciliation commission to conduct and conclude swap transactions.
Administration valuation determined commission estimated the cost of specifying, expropriation agreed immovable property, resource or if they advance the costs of easements on or of this Act is made in accordance with the second paragraph of Article 3, by paying in installments according to the procedures in this paragraph and buy the bargain or by the administration of another immovable property in exchange official reports that a registered owner in exchange wanted to take over writing.
By Malik or his authorized representative, within fifteen days from the date of notification of this writing, the expropriation of immovable property subject to negotiation and agreement to sell or exchange in case of request to consult with the administration; The commission is made by the designated date in the bargaining process, the costs to exceed the estimate identified or swapped in the event of an agreement, made to prepare a document relating to this agreement and subject immovable property all the legal and factual characteristics by including the expropriation proceedings the owner or his authorized representative and the commission members signed by.
Administration, the agreement minutes of the latest within forty-five days from the date issued, by making available to the payment of fees specified in the report, in this case the owner in exchange or authorized representative in writing informed deed in giving waiver of the land on behalf of the administration day indicated desirable. If the land owner or waiver given by an authorized representative on behalf of the administration, expropriation is paid to them.
Purchased or swapped immovable property pursuant to this article, resource or easement shall be deemed to have been taken with the expropriation of the appeal proceedings and can not be held against the expropriation or compensation in this way. In the absence of this Act or the lack
waiver agreement is done according to Article 10.
Article 4 - 2942 PART title of the Law "Determination of Acquisition Cost court, on behalf of the Administration of Registration and Cost Principles of Detection, Litigation Rights and Experts" form; PART TWO PART heading "Expropriation on behalf of the Court Determination of Cost and Registration Administration, Cost Principles of Detection" and the title SECTION "Litigation Rights and Experts" has been changed to.
Article 5 - 2942 Act with Article 10 of the title is amended as follows. The court identified and immovable property management on behalf of registered
Expropriation price
Article 10 - management is not performed by the procedure of purchase of expropriation, Article 7 based on the price that has been performed in accordance with Article 8 of the collected information and document identification and other information on the issue and documents shall apply to the immovable property to place the civil courts, adding to the petition and the determination of immovable property expropriation, this price, is made according to advance or expropriation under Article 3 of the second paragraph in return paid in installments, whether the decision of the registration on behalf of the administration.

Court administration to determine that the hearing for the day after thirty days from the date of application, a copy of the documents issued by the wording of the application and administration by adding the immovable property to the owner Annotated invitation by or administered by the research results at the addresses found failing dated 11.2.1959 and 7201 by publication pursuant to Article 28 of the notification Law No. calls to attend the hearing by declaring notification. The hearing will also be notified on the day of administration.
Annotated in court the owner in exchange invitations to be issued directly or by way of notification to be published in the;
A) immovable property is located registered at the title deed, location, layout, parcel number, qualifications, area,
b) Malik or owners' names and surnames,
c) Expropriation The name of the administration, || | d) within the period prescribed in Article 14, notification or announcement from the date of cancellation administrative jurisdiction of the expropriation process, or they can open the correction against substantial errors before civil courts,
e) animosity cases to be filed whom will be addressed,
f) Article 14 stipulated in Article in time, those who filed cancel the administrative courts against expropriation, they decided to stop in their lawsuit and execution of certification they are not appreciated, the expropriation of the final will and the court determined expropriation of immovable property expropriation entity carrying the name will be registered over,
g) determined by the court expropriation on behalf of the rights of the cost of which will be invested in bank
h) Subject and all the defenses and evidence relating to immovable property value, the date of notification should inform in writing to the court within ten days,
it specified it.
Court, if the immovable property is located in the local newspaper is going to be expropriated, and this in one of the local newspaper in one of the newspapers published in Turkey's expropriation general and summary documents are published at least once.
determined by the judge at the hearing will be held on a date, the Court invited the parties to reach agreement on the price of immovable property. In case the parties to the agreement on the price, as agreed by the parties shall accept the cost of expropriation and shall proceed in accordance with the second and subsequent sentences of paragraph eight.
Court made by the judge in case of disagreements on the parties to the hearing, by appointing the day of the hearing for the post of the latest discoveries within ten days and thirty days, the 15th ingenuity experts considered the matter and made the discovery at the scene to determine the value of immovable property in the presence of all concerned. Things discovery, immovable property which is connected to the village or neighborhood headmen of the presence of the place in order, also issued an invitation to the headman and discovery by providing a presence, received the statement of the chairman.
Experts, taking into account the statements of the parties and other interested persons, in accordance with the principles in Article 11 shall give the value of the immovable property to the court within fifteen days of the report on the. This report of the Court shall notify the parties without waiting for the hearing. The judge hearing the parties, or call their representatives and experts. This objection is heard if the parties to the expert reports and expert witness at the hearing of the appeal against the statements.

Parties in the consideration by the judge if necessary in disagreements about to be completed within fifteen days will be appointed a new committee of experts and judges, parties and experts of benefiting from the declaration of the report or reports shall determine an appropriate fair and equitable expropriation compensation. The amount set by the court, immovable property, the cost of the expropriation or easement source. the agreement that the parties or by the judge in case of disagreements in the amount determined as expropriation, in advance and in cash or expropriation is made in accordance with the second paragraph of Article 3 of this Act, the first installment in the name of the owner in advance and qualify as cash, the right holder could not be identified in the future revealed according to Article 10 will be entitled to be given to an invitation by the court to be made and transferred to the bank mentioned in the notice and given authority to fifteen days for the submission of receipts that deposited. Where necessary, this period may be extended by the court, including once. The Administration, in case of absence of the expropriation rights on behalf deposited or that rights holders, the receipts that were blocked to be given to the owner in the future will emerge submitted if the court decision on the disbursement of registration and expropriation on behalf of the immovable property of the administration is given, and this decision, the land registry office and It notified the bank that the money invested. Registration for the parties to the appeal judgment is final and rights reserved.
Process provided for in this Article, if it is done in the absence of related parties does not attend the court.
court in case of absence of the right holders converted the three-month term deposits of expropriation taken the necessary measures in order to accretion.
Expropriated immovable property, it is allocated to the fact that nature does not need registration in the Register as a public service, if it is decided to request annulment of the court register.
It's tax registration and leave the relationship because of the immovable property of the owner is not required during the process. However, notify the land registry office of the relevant tax office.
Within the period specified in Article 14, opening for annulment in administrative courts by the owners of rights against expropriation and administrative jurisdiction courts in court if the decision is made to stop the execution, assuming lawsuit files before the administrative courts are executed according to the result. The cancellation of administrative courts against
expropriation process or material error against the invitation will against which the administration hostility and announced the correction lawsuit in the civil courts clearly specified or directed wrong animosity in the case because it is incorrectly shown, shall continue to be the case by making a real party is notified.
Article 6 - 2942 Act is amended as follows with Article 11 of the titles. Determination of
expropriation cost basis
Article 11 - 15 will be established in accordance with Article committee of experts, with the ground court where the immovable property or resources to be nationalized gradually, after listening to the readily available about the immovable property or resources;
A) Type and kind of,
b) Area, the
c) securities which could influence all the attributes and elements and each element separately value,
d) If the tax declaration, the
e) Acquisition date on by public authorities carried out the valuation of in
f) land, immovable or resource expropriation date in position and net income will be brought into use as according to the requirements and is,
g) Land in expropriation days before the sales value compared to similar sales without previous special purpose in
h) construction, expropriation date in the official unit price and construction cost accounts and depreciation, the
i) other objective measures will be effective in the detection of the cost, the answer to all of these elements in the report to be drawn up by holding
Main by stating individually and taking into account the reasoned statement of the relevant reports based on an assessment determines the value of the immovable property.
In the determination of immovable property value, it would be the cause of development and enterprise services that require the expropriation intended for use with future value increases will bring profit not taken into account by the way.
The easement through expropriation, nationalization because it is specified by immovable assets or resources occur in low grounds. This is an expropriation asset impairment.

Article 7 - Article 14 of the 2942 Act has been amended as follows.
Article 14 - Acquisition of immovable property Maliki by Article 10 in accordance with the court held that the notification days from the date of the announcement made by the court newspaper to replace notification to their notice can not be within thirty days, cancel the administrative courts against expropriation and against material error correction can be opened in case of judicial jurisdiction.
lawsuits in administrative justice priority.
If associates or joint ownership, there is a stand-alone case the rights of stakeholders.
Administration from the day of issue of expropriation in court documents may result in legal proceedings correction of material errors against the judgment within thirty days.
By the Administration, during the occurrence of identified when Maliki and the case against the possessor according to the provisions of this Act, the immovable property if it appears to be another person in real owner in the case that the real owners, land continues through to be included constant regardless of the heirs of the owner's already dead kindly.
results of the litigation will not affect those who sue.
Article 8 - Article 15 of the 2942 Act has been amended as follows.
Article 15 - Turkish Engineers and Architects by each of the connected specialized room of the Union, where they sit on their members considering fifteen to twenty-five for each province, as well as to provincial centers, provincial, district administration for the county sitting in assemblies of this region and engineers or fifteen experts from immovable property owners who are architects lists indicating the name and address of selecting the first week of January every year, is given to the governor. qualifications who will serve as an expert and working conditions, Union of Chambers of Turkish Engineers and Architects of opinion with the Ministry of Public Works and Settlement Ministry of Finance to be determined by a regulation to be issued jointly.
Approved by the Governor of the list, those appointed rooms by the court of first instance in the city center and districts, chosen by administrative councils are also reported to the civil courts where they selected.
Expired who may be reelected.
The expert committee; According to the type and nature of the place which is subject to expropriation, list three of the rooms, both of which consist of five persons to be elected by the management board of the list.
Expropriated immovable property considering the high quality, three experts selected from the same specialty arm. Those officials in the administration who
expropriation of the expropriated immovable property owners and their procedures and their descendants, the husband and wife, including the third degree, blood and affinity relatives and owners with interest partnership are selected experts.
Specialty rooms that do not make lists or it is impossible for practical and legal reasons, the expert selection from the list of provinces and districts, according to the expropriated immovable property type and property, Public Works and Housing, Agriculture and Rural Affairs and other official departments with local offices of the Ministry of Forestry and science will be reaping installation is completed by expert scientists. It is not there as possible to the actual or legal reasons or if the expert's elections, the neighboring province of rooms from the list, or to be received from official agencies and institutions mentioned in this paragraph are established by the science guy is completed.
Written in the list submitted to the Court and the parties from one shown in the picture above paragraph is selected by expert judges, if they agree to choose experts.
The judge swore to experts.
The expert committee, appointed under the provisions of the immovable property's value and appreciation by Article 11 and 12, give a reasoned report to the court within fifteen days.
Ordinary skill in the valuation made by the administration to be the basis of documents submitted to the court that day.
Article 9 - PART THREE title of the Law No. 2942 "Same None of the dispute, the registered and non-registered immovable goods in the Land Expropriation court Determination of Cost and possessor did Rights" form; PART THREE PART title is "Being the same is disputed and registration" has been changed to.
Article 10 - Article 18 of the 2942 Act with the title is amended as follows.
It's controversial no
Article 18. - Administration of immovable property agreed to be expropriated if the dispute over the ownership of immovable property in the land administration in the place where, asking the cadastre offices and courts and detects doing research at the scene.
As a result of research
done, but it is registered in the immovable property deed with court where disputes over property or cadastral done despite the cadastral court the defendant was that the administration of if it is determined, all the documents prepared in accordance with Article 10, the immovable property to place given to the court of first instance, immovable property the determination of expropriation, as a result of the dispute regarding the ownership dispute of this amount will be decided in advance to the owner or expropriation made by the second paragraph of Article 3 is requested to decide on the registration on behalf of the administration in exchange paid in installments.
Court, all parties to the proceedings regarding the ownership dispute of immovable property, making the notifications in accordance with Article 10 and announced the detection again according to the procedure in this article immovable property expropriation and by the administration this amount is to be paid to the owner will be determined as a result of court cases dealing with property disputes after the court pursuant to specify the bank Article 10 and admitted to quarterly term account, the cost will be in the future certain to be paid to the owner and decided to registered in the name of the immovable property of the administration and the decision is notified to the bank by the land registry office and money invested. 2 According to Article 3 of the first paragraph of expropriation and nationalization carried out will be determined by the court in subsequent installments will be deposited in the bank account for three-month term set by the court.
As a result of the cases concerned with property disputes, the right holder is that the court decision of the court which determines the expropriation upon the application of the person, on the instructions of money will write to the bank for payment to the owners of this right is paid to the owner money.
Process provided for in this Article, if it is done in the absence of related parties does not attend the court.
Expropriated immovable property is allocated to the fact that nature does not need registration in the Register as a public service, annulment of the decision given by the court registration upon request.
It's tax registration and leave the relationship because of the immovable property of the owner is not required during the process. However, notify the land registry office of the relevant tax office.
this price immovable property as determined by the Court, the expropriation of the source or easement.
Within the period specified in Article 14, opening for annulment in administrative courts by the owners of rights against expropriation and administrative jurisdiction courts in court if the decision is made to stop the execution, assuming lawsuit files before the administrative courts are executed according to the result. The cancellation of administrative courts against
expropriation process or material in correction lawsuit in the civil courts against the error which the administration hostility specified explicitly in the notification and announcement documents will directed or incorrectly displayed was not because proceedings in hostility wrongly directed, shall continue to be the case by making a real party is notified.
Article 11 - Article 19 of the 2942 Act has been amended as follows.
Article 19. - Administration priorities agreed land expropriation was not registered in the immovable property, dated 06.21.1987 and 3402 by Law determines whether to ask the relevant places of public goods referred to in Article 16.
In this research made by the Administration, nationalization was not registered in the agreed land immovable, 3402 Law of whether public goods referred to in Article 16, the immovable property of the possessor are available and also if it is determined that there is an allegation of acquisition of zilyetlikl, Article 9 in accordance with the selected experts at the scene by means makes investigations, collect evidence and circumstance indicates in a report. In this report, the area of ​​real estate, you possessor identity, tax registration, possession of the start date and time, indicated the conditions for acquiring property taken place.
Administration prepared and all the documents collected in accordance with Article 10, the immovable property to place given to the court of first instance, the determination of immovable property expropriation, this compensation in cash or expropriation of this Law Article 3 of the made in accordance with the second paragraph of the registration on behalf of the administration in exchange paid in installments it is desirable to be decided.

Court expropriation of immovable property in the manner specified in Article 10 and detects the time. Court administration of the information and the documents, possessor did expropriation date of immovable property Turkish Law on civil provisions of the apartment and as it deems sufficient to indicate that it has acquired the zilyetlikl, to manage the expert report on the determination of the expropriation shall notify the possessor detected other documents issued by the administration in conjunction with this report.
Also immovable property status, although he reported the largest merchandise officer's place in the local newspaper, where the immovable property is located and Turkey will be announced at least once in a newspaper published in general.
Ad;
A) the place where the immovable property is located, locality, limit the amount of
b) the possessor You ID
c) The bank will for compensation deposited
d) Subject and all the defenses and evidence relating to immovable property value, ads from the date within ten days it should inform the court in writing,
e) from the recently declared the rights holders if they do not object within a month, you will decide to pay the possessor of expropriation,
it specified it.
From the announcement last if not the Treasury or a third person by the appeal within thirty days, the amount determined by the court expropriation, in advance and in cash or by the second paragraph of Article 3 of this Act if the installments made nationalization, the first installment in advance and to be deposited in cash specified in the announcement on behalf of possessors and given authority to fifteen days for the submission of receipts that deposited. Where necessary, this period may be extended by the court, including once. The receipt showing that deposited on behalf of possessors of expropriation by the Administration if submitted to the court by the court, the decision to award the possessor of registration and expropriation on behalf of the immovable property of the administration is given, and the decision of the land registry office and notified the bank that the money invested.
If upon appeal by the Treasury or a third party in this period, the court, the announcement by the administration to be paid the determined expropriation person to prove ownership of future rights is three will be opened in a bank upon deposit of monthly deposit account, it decides the registration of the immovable property of the administration.
Be given the possessor of the cost of expropriation, it claims that the general provisions immovable circle against the possessor does not reduce the cost of the remuneration of the right to open the case.
Article 12 - Article 20 of the Law No. 2942 in the first paragraph of "16, 17 and on the basis of Article 19" to "Under this law" has been changed to.
ARTICLE 13 - 2942 first paragraph of Article 22 of the Act is amended as follows. the finalization of the
expropriation and compensation after the allocation of any need for immovable property expropriation purpose or in the public interest if the stay is necessary, announced by the state of affairs administered by the owners or heirs of the 7201 Notification Law. owners or heirs on this announcement, it may withdraw the expropriation of immovable property by paying three months.
Article 14 - Article 25 of the 2942 Act has been amended as follows.
Article 25 - The use of expropriation in terms of rights and fulfillment of obligations, in accordance with Article 10 to the landlord starts court made tebligatl. To take ownership of the administration, it will be registered with the court decision. The owner of immovable property from the registration decision issued by
The court agreed to the expropriation of immovable property or new construction or cultivation rights, such as using up substantial changes bring the current building. Values ​​those made thereafter are ignored.
Article 15 - 2942 Law Article 27 of the first paragraph of "11th and 12th" to "10th", "a national bank" appears "to be based on Article 10 of the invitation and the bank mentioned in the declaration" is amended form.
Article 16 - Article 29 of the 2942 Act has been amended as follows.
Article 29 - Article 10 subsistence of the court pursuant to Article 15 in accordance with the court established by experts and discovery listened headmen and charges will be appreciated by the court, land registry fees and other expenses required by this Act shall be paid by the administration that the expropriation.
Article 17 - Article 30 of the 2942 Act has been amended as follows.

Article 30 - immovable property owned by public entities and institutions, resources, or other easements can not be expropriated by a public entity or institution.
Immovable goods, administration sources who need or easement determines the price in accordance with Article 8. This fee will pay the cost basis also apply in writing to the landlord stating administration. The owner of the goods does not consent to the transfer or administration does not respond within sixty days of the dispute is connected to a final decision within two months examining the relevant administrative authorities of the State Council upon the request of the receiving governments.
Parties if they agree on a price; the recipient administration, since the date of the transfer agreement or decision within thirty days of notification of the State Council, apply to the court in accordance with the procedure in Article 10, whether the determination of expropriation. In this case, the trial will be held by the court, the Law No. 3533 dated 06.29.1938 shall not apply.
Court, 10 according to the procedure laid down in Article provisions of the amount determined as expropriation, cash and cash owner to be deposited in a bank to be determined to be given the authority and given recipient administration fifteen days for the submission of receipts that deposited. Where necessary, this period can be extended for once. Buyer administered by the expropriation of the owners of the receipt showing that administration on behalf of the bank invested in submitting the case by the court, the immovable property of the recipient administration of the registration on behalf of and awarding of expropriation owners of the administration and the decision was notified to the bank by the land registry office and money invested. Registration for the parties to the appeal judgment is final and rights reserved.
Immovable property taken over in this way, resources, or easement, taken with the purpose of expropriation and transfer shall be deemed to have a public purpose or otherwise used without the permission of the person transferring the administration. Otherwise, disable administration may withdraw in accordance with Article 23 of the immovable property. This statement of the issues noted in the title deeds are issued.
Article 18 - Article 31 of the 2942 Act has been amended as follows.
Article 31 - The following actions are prohibited and written works:
a) of experts established in accordance with Article 15, to ensure their interests by any means other than court fees is appreciated.
B) The notification made in accordance with Article 10 of the Court, after the announcement of the invitation or notification or assignment of immovable property transferred and waiver.
C) counsel for litigation expenses or attorneys acting on behalf of or acceptance by them.
D) for compensation all or a portion of cash or in any other way, lawyers or attorneys or pre-paid to them by acting on behalf of owners.
E) all of the cases for compensation or a lawyer or a portion of the agent or agreed to be acting on behalf of them.
F) propose to the landlord with written above me in the actions prohibited by the lawyer or attorney or agent in person or assisting them.
Article 19 - Article 33 of the 2942 Act has been amended as follows.
Article 33 - Verbs if it did not constitute a separate offense, punishable by more severe penalties, this Law Article 31 (a) acting contrary to me from the prison and two billion pounds for not less than two years to four billion pounds; (D), (e) and (f) acting contrary to me, with a billion pounds of heavy fines to imprisonment and five hundred million pounds being not less than one year, (b) and (c) acting contrary to me, six months to two years imprisonment and up to four hundred million pounds to two hundred million pounds are punished with heavy fines. dated 01/03/1926 each year and fines in this article of Turkish Penal Code No. 765 is increased in accordance with Article 2 of the additional provisions.
Article 20 of Law No. 2942 Article 39 is amended as follows.
Article 39 - expropriated property tax for the year of the immovable property expropriated levied on the basis tax value, which, if it is less than definite expropriation, the difference between the cost of expropriation and tax values, suspended property tax levied. if not given additional time although the
property tax declaration, finalized expropriation replaces the value of the tax year in which the expropriation was made based on these values ​​and property tax penalty assessment is made.

ARTICLE 21 Law No. 13 of 2942, repealed the provisions of Article 16 and 17 of this Act and is included in the following temporary items.
Provisional Article 5 - until the issuance of the regulations envisaged in Article 15 of this Law, various experts are selected according to previous provision.
Provisional Article 1 - the date of entry into force of this Act, the expropriation decision has been taken yet but the Law on expropriation was brought to notice, other provisions shall apply in others.
ARTICLE 22 - This Law shall enter into force on the date of publication.
ARTICLE 23 - This Law shall be enforced by the Council of Ministers.