Kamulaştırma davalarında bedel tespiti esasları

Abstract

Property rights that people have and tied-up to the constitutional guarantee are the basic rights. Furthermore, it is unavoidable that people?s property rights are grabbed under the name of the expropriation to the benefit of the society in the organized society. The factor that shall provide a balance between conflicting individual benefit and social benefit is to give real value of the property to the person whose property is expropriated. We intend to introduce the principles in order to provide the real value of the property in our work. While introducing these principles, our main aim shall be a conciliation of the conflicting benefits in balanced. At the end of this process, the fair and equitable value shall be reached. While finding these principles, we used doctrines and more importantly settled court decisions. We effort to create a solution and also come up with critical way to the problems at the point of legislations and practices. Expertness role is especially important at the point of technical infrastructure. In terms of expertness, despite having special procedures, the problems that have occurred at this point are generally not different. The problem is not the only problem that shall be surpassed with the process of legal arrangement and solely judicial way. Alongside the well settled legal infrastructure, it is necessary to establish a well settled technical infrastructure and keep it in working order.