Public bodies (mostly municipal authorities) have been known in practice to divert privately-owned real property to public use in zoning plans without going through the expropriation process. Given that the expropriations process is generally not initiated for years, in order to recover their losses property owners have been filing actions for damages on theories of takings without expropriation.
Takings without expropriation can be divided into de facto and de jure takings. In de jure takings, the property in question is zoned into a non-housing purpose, such as a park or a road, but there is no actual use of the land by the governmental authority. In de facto takings, the property is actually used by the administration for the public purpose to which it has been allocated. Actions for damages by property owners against administrative bodies have been known to notably increase the caseloads of courts.
An amendment that was made to the Expropriation Code No. 2942 in 2016 set forth that no actions could be filed against the government for the 5 years following the coming into force of the zoning plans restricting the rights of the property owners. This amendment prevented all such actions from being filed against the government until August 2021.
These provisions restricting the right to file suit had been brought before the Constitutional Court by many administrative courts. The Constitutional Court, in its decision dated 28 March 2018, numbered 2016/196 E. and 2018/34 K., annulled these provisions on the grounds that they put an excessive burden on property owners, and that they upset the balance between the rights of the owner and the public good to the detriment of the owner. Since the Constitutional Court did not postpone the enforcement of the decision, it has become possible to file such actions as of date of the publication of the decision, which was 25 May 2018. This positive development demonstrates that constitutional rights are under protection by the "rule of law" and is also proof that Turkey is a "state of laws".