The Turkish Constitutional Court recently considered a claim that property rights had been violated by insufficient compensation being paid for the decreased value of an applicant’s property. The court underlined that a fair balance must be established between the public benefit and the individual’s interests.
The Constitutional Court stated that if adequate compensation is not paid to cover decreased property value, the state’s intervention cannot be considered as proportional and this would constitute a violation of the property right.
Please see this link for the full text of the Turkish Constitutional Court’s decision dated 26 October 2017 and numbered 2014/18103 (Only available in Turkish).
Information first published in the MA | Gazette, a fortnightly legal update newsletter produced by Moroğlu Arseven.