Kamulaştırmasız el atma ve hukuki el atma kavramlarının tüzel gelişiminin incelenmesi

In our country, one of the biggest problems of both administrations and landowners in the expropriation legislation is the concept of confiscation without expropriation. This concept has experienced a legal process that has been shaped and developed through different regulations and judicial decisions from the 1950s until today. At the beginning of the legal process, only de facto expropriations were accepted as confiscation without expropriation, however, since 2010, interventions on property rights caused by urban development plans are also considered as confiscating without expropriation. This situation caused the expansion of the scope of confiscation without expropriation via confiscation without expropriation by plans and also caused an increase in the problem. The main reason of confiscation without expropriation and confiscation without expropriation by plans is the failure of the administrations to realize development programs and urban development plans due to the lack of financing and other resources. Many legal arrangements have been made regarding the solution of the problem. The aim of the study is to examine the legal development of confiscation without expropriation in terms of legal arrangements and judicial decisions between 1956 and 2020. In order to achieve this goal, evaluations of the legal arrangements and judicial decisions regarding the concepts of confiscation without expropriation and confiscation without expropriation by plans are examined as a process, in terms of their impact, scope, content and results. The regulations made in this process often include exceptional provisions that interferes with property right. Although these provisions are annulled by the judicial decisions, the legislator resists against these decisions via making new laws containing similar provisions. The final regulation regarding the solution of this process is that the service areas, which cannot be acquired by the public, can be built by their owners in accordance with the function in the plan. As a result of the study, the legal development of the concepts de facto expropriation and confiscation without expropriation by plans in confiscation without expropriation, the evaluation of the last regulation and the current provisions regarding these concepts are given.