LEGAL SEIZURE - SECURATION WITHOUT EXPROPRIATION

Additional Article 1 of the Expropriation Law No. 2942: "For immovable properties whose disposal is legally restricted in a way that violates the essence of the property right by being reserved for public services and official institutions in the implementation zoning plans, zoning programs or zoning applications are made within a period of five years from the entry into force of the implementation zoning plans, and these immovable properties are expropriated by the relevant administrations within the budget possibilities, or in any case, the zoning plan is amended to remove the restriction that will prevent the exercise of the property right." "is done/made to be done." It is in the form.Legal seizure according to Expropriation Law Additional Article 1; It is the legal restriction of the right to dispose of privately owned real estate in a way that violates the essence of the property right by reserving it for public services and official institutions in the implementation zoning plans. The basic criterion for the distinction between actual seizure and legal seizure is the administration's occupation and possession of privately owned real estate. As a rule, it should be emphasized that if the administration has occupied the immovable property and taken possession of it, it is actual seizure; if the administration has not occupied the immovable property and has not taken possession of it, it is legal seizure.In law practice; The situation described as "legal interception" in general terms; It occurs when a person's real estate is designated as a public service area such as a road, park, school area, green field, place of worship, etc., with a zoning plan, or as a result of a zoning application, a person who owns real estate in the application area becomes a stakeholder in the real estate allocated as a general facility area.Within the framework of Additional Article 1 of the Expropriation Law, the elements of legal seizure are as follows: The implementation of a zoning plan has been prepared for the immovable property whose property rights are restricted, the subdivision process (zoning application) has not been carried out within the framework of the zoning plan within the five-year period from the entry into force of this zoning plan, the plan has not been fulfilled, the immovable has not been expropriated, the zoning plan has not been amended to remove the zoning right restriction on the real estate.