The issue of confiscating without expropriating in Turkish Law in the light of court decisions

Confiscating without extropriating is a problem that arised in the 1950s in Turkish law, with the increase of the population and acceleration of the infrastructure works. In this study, first of all, the concept of "confiscating without extropriating" will be emphasized and the components of making law and legal regulations will be explained. With these explanations, it will be pointed out which conditions are considered as confiscating without extropriating and which conditions are not considered as confiscating without extropriating. In order to understand the scope and importance of the problem, the historical development in Turkish law will be handled and examined in a chronological order in the light of judicial decisions and legal regulations. In the second part, the cases which can be proceeded against confiscating without extropriating will be dealt with in detail, when these statements are made, the most recent statutory regulations in force will be taken into account. The individual application procedure to the Constitutional Court will be explained also which is the legal remedy that can be applied in domestic law, against the final decisions made on the basis of the cases described in this. And a number of decisions made on the basis of the application will be included. In the conclusion, there will be suggestions which can be useful in decreasing the disputes arising from confiscating without extropriating for many years in Turkish law history.