Expropriation and Valuation of Agricultural Lands

Abstract

Although the right to property is a constitutional right, the most common administrative process that terminates it is expropriation. The first condition that gives legal validity and legitimacy for the expropriation process to terminate the right to property is public benefit; The second condition is to determine the real value of the expropriated real estate and to pay this amount to the property owner in a reasonable time. Protection of the right to property can only be ensured if the fair value of the real property is determined. It is essential for the administrations to apply the procurement procedure first in expropriation. The determination of the purchase value is provided by the valuation commission formed by the administration. The valuation commissions should be based on the income to be obtained from the lands in accordance with the Expropriation Law No. 2942 in determining the land expropriation values. As a result of the fact that the valuation commissions do not include objective criteria in the valuation method with the income method, the real and fair value of the real estate cannot be reached and there is no agreement between the parties. It is important that members of the valuation commission are objective and knowledgeable in this regard. In this study, the principles regarding the application of the income method in determining the land expropriation values by the valuation commissions of the administration were examined and some suggestions were brought.