Assessment of interest applied to expropriation compensation from the perspective of property rights in light of the Constitutional Court's decision dated April 5, 2023

Property right is a right that allows individuals to own a thing on the basis of law. This right has existed since ancient times in human history. As human beings transitioned to settled life, acquiring a property and utilizing it has been regarded as an important factor of sustaining life. In addition, property was viewed as a source of power and thus became an influential factor in social and individual relations. In this respect, the property right is subject to regulations in all legal systems. Such regulations intend to secure property rights and ensure its use within defined limits. Restrictions on the use of property rights are exerted for protecting rights of others and public interest. Expropriation is a method applied by the administration authority to restrict property rights for public interest. It is the way by which administrative authorities obtain privately-owned properties needed for providing particular public services. Expropriation is strictly regulated by the Constitution and law with regard to its implementation procedure. Constitutional Court (AYM) decisions are one of the factors that have an impact on this issue. The purpose of this study is to examine the Turkish Constitutional Court's decision dated 05.04.2023 (Case No. 2023/83, Decision No. 2023/69) regarding the type of interest to be applied in expropriation cases and the starting date of interest in terms of concept of property right within framework of decisions of the Constitutional Court, the Court of Cassation and the Court of Appeal. The study also examines whether the uncompensated loss in expropriation value can be covered under the scope of collateral damage