Legal confiscation according to judicial decisions

Since real estates are reserved for public services with a zoning plan, some legal restrictions are imposed on the use of real estates. Real estates reserved for public services in the zoning plan and where the right of disposition of their owners are restricted should be expropriated within a program. However, it is seen that the administration did not expropriate the immovables whose disposal is legally restricted within the prescribed period and the property rights of the real estate owners were therefore restricted for an indefinite period. Legal confiscation arises due to the restriction of the property right of the owners in a way that touches the essence of the property right. In our study, which consists of an introduction, five main sections and a conclusion, the issue of legal confiscation has been tried to be discussed in the light of judicial decisions. Since legal confiscation is a serious violation of property right, in our study, firstly, the concept of property right has been emphasized. Later, legal confiscation is examined both as an independent concept and as a type of confiscation without expropriation. In our study, in which the appearance forms of legal confiscation are handled in a systematic way, administrative and judicial remedies that can be taken against legal confiscation are also mentioned.