Turkey:
Turkish Constitutional Court: Balance Must be Struck Between Public Benefit and Individual Interests When Determining Compensation for Expropriations
25 January 2018
Moroglu Arseven
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The Turkish Constitutional Court recently considered a claim
that property rights had been violated by insufficient compensation
being paid for the decreased value of an applicant's property.
The court underlined that a fair balance must be established
between the public benefit and the individual's interests.
The Constitutional Court stated that if adequate compensation is
not paid to cover decreased property value, the state's
intervention cannot be considered as proportional and this would
constitute a violation of the property right.
Please see this link for the full text of the Turkish
Constitutional Court's decision dated 26 October 2017 and
numbered 2014/18103 (Only available in Turkish).
Information first published in the
MA | Gazette, a fortnightly legal update newsletter produced by
Moroğlu Arseven.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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