The Place of Expert in Expropriation in Turkish and German Law

Expropriation Law No. 2942, which repealed the Expropriation Law No. 6830, entered into force in 1983, and the Law No. 4650, which amended this law, was passed in 2001 and introduced new provisions in the field of Expropriation Law. The expropriation administration can take the immovables of real and legal persons into its own possession without obtaining the consent of the owner, on the condition that the public interest is justified and the price is paid. Law No. 221, enacted in 1961, which most of the lawyers and experts did not know or had difficulties in carrying out its practical application, brought the right to file a 2-year lawsuit for compensation for immovables that were confiscated before 1956 or whose expropriation was not completed. With the annulment of Article 38 of the Expropriation Law No. 2942 by the Constitutional Court in 2003, a legal gap has emerged in terms of legal basis for confiscation cases without expropriation. New regulations have been introduced in terms of Expropriation Law with the temporary Article 6 added to the Expropriation Law No. 2942 with the Law No. Expropriation cases, which seem to be easy at first, become very difficult from time to time for lawyers, judges and experts due to their nature. So much so that even the expert report format and minimum requirements of expropriation cases are different from all other civil cases. In this study, we will consider expropriation cases both legally and technically, and in the last part, we will compare them with the expropriation practices in Germany.