- Chamber
- 18. Hukuk Dairesi
- Docket No.
- 2024/190
- Decision No.
- 2024/1022
- Date of decision
- 30 January 2024
Summary
A zoning restriction that for years is not followed by expropriation and in fact blocks the owner’s disposition may ground compensation as legal taking.
Full note
The judgment examines together the finalisation of the plan and whether the owner applied within a reasonable time for expropriation or lifting of the restriction. Legal taking does not arise of itself from every zoning constraint; proportionality, duration and administrative inaction must be made good. The difference between the value the land would have had without the restriction and its present position governs the assessment.