Batman Universitesi Yasam Bilimleri Dergisi
Cilt 5, Sayı 1  Ocak-Haziran 2015  (ISSN: 2147-4877, E-ISSN: 2459-0614)
Sadullah ÖZEL

NO Makale Adı
1431346636 Analyzing Of Legal Criteria For The Determination Of Agricultural Land's Expropriation Price In Terms Of Property Right

The most important guarantee in terms of property right of the expropriation process is determining the real value of the expropriated real estate and paying this value cash and in reasonable time. In the Turkish expropriation law with respect to determining the real value fundamental provision is Article 11 of the Expropriation Act No.2942. It is important to analyze the legal directives on agricultural land that are in this Article with in the framework of the Supreme Court review and its practical forms. The criteria in this article for the determination of expropriation price of the land have significant problems in practice and incompatible with the principle of proportionality. These criteria eventually have returned to the restriction means. 11th Article of the Expropriation Act in its present form to be substituted instead reached scientific criteria in the evaluation and agricultural economy area. These transactions are against the owners of expropriated lands. Rearrangement of Article11; based on current scientific land valuation principles is a necessary and important condition for the property right.