You may one day discover through the land registry or family history that there are title deeds registered in your name or your ancestors' names, but public structures such as roads, dams, pavements, or government buildings have occupied this land for decades. It is important to know that, regardless of how much time has passed, your right to claim compensation for de facto confiscation without expropriation is not subject to a statute of limitations.

Historical and Legal Context of Confiscation Without Expropriation

The fundamental judicial basis regarding confiscation without expropriation lies in the Unification of Jurisprudence decisions No. 1956/1-6 and 1956/1-7 of the Court of Cassation (Yargıtay). These decisions established that lawsuits filed by property owners for properties confiscated without formal expropriation procedures are not subject to any statute of limitations.

The legislative development of this process is as follows:

  • The Period Before 09.10.1956 (Law No. 221): Under Law No. 221, which entered into force on 13.01.1961, properties de facto allocated to public service before 09.10.1956 were deemed expropriated. Owners were granted a 2-year forfeiture period to file a lawsuit. With the expiration of this period, domestic litigation rights were restricted.
  • The Period Between 09.10.1956 and 04.11.1983: Provisional Article 6, added to the Expropriation Law via Law No. 5999, explicitly granted property owners the right to file compensation lawsuits for confiscations that occurred during this period.
  • The Period After 04.11.1983: The 20-year forfeiture period stipulated in Article 38 of the Expropriation Law No. 2942 was annulled by the Constitutional Court. In accordance with current legislation and Court of Cassation precedents, compensation lawsuits for de facto confiscations occurring after this date can be filed without any time limit.

What Can Be Done in Case of Confiscation Without Expropriation?

  • Reconciliation Process: A request for reconciliation can be submitted to the relevant administration. Although current judicial precedents dictate that applying to the administration (reconciliation) is no longer a mandatory prerequisite for filing a lawsuit in cases of de facto confiscation, exhausting administrative remedies may still be preferred for a rapid resolution.
  • Compensation Lawsuit: If reconciliation fails, the administration rejects the request, or the claimant chooses direct litigation, a "Lawsuit for Compensation Due to Confiscation Without Expropriation" must be filed at the Civil Court of First Instance where the immovable property is located.
  • Legal Remedies for Pre-1956 Confiscations: Although general domestic legal remedies appear closed for confiscations prior to 09.10.1956 due to Law No. 221, the provisions protecting property rights under the European Convention on Human Rights (ECHR) become applicable pursuant to Article 90 of the Turkish Constitution. If a lawsuit filed in domestic courts is rejected, legal remedies can be pursued through an individual application to the Constitutional Court (AYM) and subsequently to the European Court of Human Rights (ECHR) on the grounds of property right violations.

The above explanations are for general informational purposes and do not constitute direct solutions for specific legal situations. It is recommended that you consult a specialized attorney for any legal issues you may encounter.