De facto appropriation — valuation as at the date of taking

Chamber

5. Hukuk Dairesi

Docket No.

2023/4120

Decision No.

2023/8891

Date of decision

14 November 2023

Summary

In factual taking, compensation is as a rule assessed at true value on the date of taking; later zoning changes cannot of themselves govern the figure.

Full note

The 5th Civil Chamber held it unsound for the expert report, in a case of occupation of land as a road, to take the zoning position at the date of action. Increases in value between taking and action cannot be treated as direct comparables. The trial court must first establish the date of taking without hesitation and then commission a valuation and characterisation proper to that date.

The decision supplies a settled standard of review against the common drift towards ‘current value’ in de facto appropriation practice. A claim for mesne profits must be examined separately for the period of continuing occupation.