Expropriation is the means by which the State or public legal entities may acquire all or part of the immovable property in private ownership by complying with the principles and procedures specified by law, provided that they pay the real value in advance in cases requiring public interest. In cases where the public interest is greater, authorised institutions may forcibly take private property into their ownership through expropriation. According to another definition, expropriation is the taking of the property right on a real estate by the administration for public benefit and by paying the equivalent economic value.
Expropriation is a procedure that must be followed very carefully since it will limit the right to property in the Constitution. This is because the Constitution stipulates that “everyone has the right to property and inheritance, but it may be restricted by law in the public interest.”
Conditions for expropriation;
- There must be a valid expropriation process.
- Expropriation must be for public benefit.
- Expropriation must be based on the reason of public service.
- Expropriation must be for a right in rem in immovables belonging to private law persons.
- The property must be suitable for expropriation.
- The expropriating administration must be competent and authorised.
- Expropriation must be carried out by the rules and methods specified in the law.
- The essential elements regarding the expropriation price must be fulfilled.
The expropriation price shall be paid in cash and in advance as stipulated by law. However, the method of payment for lands expropriated for the implementation of agrarian reform, for the realisation of settlement projects and large irrigation projects, for the protection of coasts, for the cultivation of new forests or for tourism purposes shall be specified separately in the law. The law may provide for payment by instalments in such cases. However, the instalment period cannot exceed 5 years and these instalments must be paid equally.