İmar Hukukunda Hukuki El Atma

Abstract

The right of property protected by the Turkish Constitution and the European Convention of Human Rights may be limited due to public interest. It may be restricted by the special planning prepared for planned urbanization. The term of confiscating without expropriation comes out in case of the fact that the properties are appropriated for the public use for a long time. Confiscating without expropriation used to be considered only as de facto expropriation. The violation of the right to property due to the property allocated to the public use and have not been expropriated by the administration for a long time, which has considered as confiscating without expropriation. Regulations have been made with the recent amendments on Expropriation Act with regards to confiscating without expropriating which had been shaped by judicial jurisprudence. The process of confiscating without expropriating has been examined by defining the term of confiscating without expropriation, introducing the legal characteristic’s, its elements and in the light of the decisions of the European Court of Human Rights, the Turkish Constitutional Court, the Court of Cassation and the Council of State and the recent amendments in the Expropriation Act.