DETERMINATION OF THE VALUE OF REAL ESTATE IN LEGAL FORCEMENT CASES

In determining the price of real estate in cases filed due to legal confiscation, the valuation principles set out in Article 11 of the Expropriation Law No. 2942 must be applied comparatively, as in actual confiscation cases. In this regard, the price of the real estate must be determined by applying the valuation criteria stipulated in Article 11 of the Expropriation Law No. 2942, taking into account the nature, type, surface area, location and other factors affecting the value of the real estate.In the decision of the Civil General Assembly of the Supreme Court of Appeals dated 2013/18-682 E. 2014/376 K. 19.03.2014: "According to the provision of paragraph (g) of the 11th article, which regulates the principles of determination of the price with the 10th article of the Expropriation Law; in case the immovable property to be expropriated is accepted as land, its value must be determined based on the sales value of the comparables that do not have a special purpose before the expropriation (evaluation) day.The main purpose of achieving realistic and accurate results according to these principles is; The sales date of the real estate taken as a precedent must be before the evaluation date and close to the evaluation date, it must be an example of the real estate subject to the lawsuit, it must be located in the same or close districts as the real estate subject to the lawsuit, it must have similar or similar characteristics in terms of its topographic structure, view, location, permit and license limits for the construction and floors that can be built on it, surface area, whether they are subject to zoning application, facades and distances to streets, avenues or city areas. (...) Real estate sales in accordance with the principles explained above are investigated through the records to be submitted by the parties or brought ex officio by the court, and those that are eligible to become precedents are determined and these precedents are determined to be relevant as a basis for the tax foreseen in paragraph (d) of Article 11."Minimum m2 values ​​on the evaluation date should be determined by the municipalities for the avenue or streets on which they are located, and the municipality's zoning directorate and land registry offices should investigate whether the immovable property subject to the lawsuit is the zoning parcels resulting from the zoning regulations as of the evaluation dates and the comparable properties as of the sales dates taken as basis for the evaluation, and a decision should be made based on the situation that will arise by obtaining detailed comparison reports according to these precedents."As can be seen, if the immovable property in question has the characteristics of land; The evaluation should be made as of the date of the case, and precedent sales records that do not have a specific purpose and were transferred through free purchase and sale before the date of evaluation should be requested from the Land Registry Directorate. Subsequently, the surface area, location, distance to the main road and the city center, geometric structure, availability of infrastructure services and zoning status of the comparable real estate and the real estate in question should be compared one by one; Objective value-enhancing elements should be justified and the advantages and disadvantages of the precedent and the subject property should be shown in a table.