Confiscation without expropriation in Turkish law

One of the fundamental rights and freedoms of the Constitution is the right to property. The person can always ask for protection of property right. The administration or any persons shall not prevent persons from exercising their right to property except for the exceptions specified in the law. Otherwise, persons may claim damages arising from the prohibition of the use of the property right from the person who caused the damage. One of the interventions to the right to property of persons is that the administration takes over the immovable property of the administration without expropriation. Sometimes, the administrations may use the immovable property without even obtaining permission from the owner of the immovable property or using the procedure provided for them by law and may even construct structures on these immovable properties. In this case the property rights of citizens, which are covered by fundamental rights and freedom, will be violated. In our country, the population is increasing day by day and cities are growing. In parallel with this increase, it may be necessary to construct new roads, parks and other social areas. Therefore, municipalities and other public institutions need new immovable properties to meet the needs of citizens. The law allows the administrations to expropriate in order to meet these needs. However, administrations can sometimes construct roads, parks and other structures on a citizen property without expropriation for various reasons. This movement of the administration constitutes an unfair interference with the property rights of individuals and violates the fundamental rights and freedom of persons. Although the person who intervenes in the immovable property is an official institution of the state, the owner of the property should be able to demand the protection of his basic rights and freedom. For this reason, the legislator has granted the right to file a lawsuit against the state. The person may demand the prevention of the attacks on the right to property, as well as the cost of the immovable he owns and the damages incurred. Our study consists of three parts. In the first part of our study, concepts such as responsibility of administration, ownership and expropriation were discussed. In the second part, it has been examined under the sub-titles of confiscation without expropriation and the decisions of the high courts. In the third section, what kind of lawsuits may be filed by the proprietor of the property right due to without expropriation is examined. Key Words: Property Right, Expropriation, Confiscation without Expropriation, Unlawful Act.