As one of the reasons for limitations on ownership: Public interest

The property right is one of the most fundamental human rights. In order to prevent the arbitrariness of limitations to be brought to the property rigt, this right has been transferred to the constitution, laws and international conventions. In our study, by examining the property right, the limits of the public interest are stated by referring to the concept of "public interest", which is frequently used in the limitation of the property right, and its place in the laws, international courts and international agreements. The place of limitations on ownership in constitutions, Constitutional Court decisions, Supreme Court and State Council decisions has been revealed and the attitude of the European Convention on Human Rights and the European Court of Human Rights on this issue has been examined. The obligations of states to protect the property right are discussed by analyzing the three rules used by the European Court of Human Rights in the interventions to the right to property. In addition, the wide margin of appreciation granted to the states by the European Court of Human Rights has been examined and the position of the European Court of Human Rights has been included. At the end of our study, it was concluded that as a requirement of the rule of law, laws should be made for the purpose of public interest and it was determined that the legislative acts should aim for the public interest as a state of law. By revealing that this issue is accepted by the Constitutional Court as one of the elements of the rule of law, it has been concluded that wide margin of appreciation granted to the states by the European Court of Human Rights is not unlimited, the discretionary power in our domestic law should be used within legal limits and justified, in accordance with the principle of equality, for the purpose of public interest, the use of discretion is subject to judicial review in terms of whether the elements of authority, reason, subject, purpose and form of the administrative act are unlawful or not. Keywords: Property right, public interest, rule of law.