INTEREST TO BE JUDGED IN EXPROPRIATION CASES

Article 46/last of the Constitution: "The highest interest foreseen for public receivables shall be applied to the installments stipulated in the second paragraph and to the expropriation costs that have not been paid for any reason." The verdict is mandatory.2025/5-116 E. 2026/228 K. Dated 08.04.2026, 2025/5-114 E. 2026/226 K. Dated 08.04.2026, 2025/5-115 E.2026/227 K. Dated 08.04.2026 of the General Assembly of the Supreme Court of Appeals As a result of its decisions, it has been accepted that the highest interest rate applied to public receivables should be applied as of the date of the case, in a way that preserves the real value of the price to be awarded in cases of determination of expropriation cost and compensation for compensation due to confiscation without expropriation. With the decisions of the General Assembly of Law in question, it has been revealed that the economic value of the real estate owner's receivable arising from his property right must be protected, taking into account the principle of "real consideration" guaranteed in Article 46 of the Constitution.In this regard, limiting the interest to be applied to the price to be awarded in lawsuits for determination of the expropriation value and compensation due to confiscation without expropriation will only be limited to the legal interest, which will prevent the owner of the real estate from being compensated for the real damage and protecting the real value of the awarded price in the face of high inflation and loss of value of the money over time. Therefore, in order to effectively protect the property right and preserve the real value of the price to be awarded, the highest interest rate applied to public receivables must be applied from the date of the lawsuit.As a matter of fact, in line with the aforementioned current jurisprudence of the General Assembly of the Supreme Court of Appeals, the 5th Civil Chamber of the Supreme Court of Appeals also approves the court decisions regarding the application of the highest interest rate applied to public receivables as of the date of the lawsuit to the price to be awarded due to confiscation without expropriation, if expressly requested in the petition. In this context, in the decision of the 5th Civil Chamber of the Supreme Court of Appeals, dated 25.02.2026, numbered 2025/10697 and Decision numbered 2026/3312, the provision that the price awarded due to confiscation without expropriation should be decided to be collected together with the highest interest to be applied to public receivables in line with the plaintiff's request, was approved. Again, the 5th Civil Chamber of the Supreme Court of Appeals approved the relevant decision in its decision dated 01.04.2026, numbered 2025/15346 Principles and Decision No. 2026/5520, without commenting on the interest rate.