How is expropriation made?
Expropriation – land acquisition is made according to the Expropriation Law No. 2942. Expropriation is essentially the transfer of rights of the title deed in agreement with the land owners.
How is the expropriation price determined and how is the payment made?
The price to be determined as a result of parcel-based land valuation study within the framework of legal limitations and international standards is offered to the landowners/heirs, and in the case of agreement, the title deed is transferred after advance payment of the price. Accordingly, net income method on agricultural land, precedent sale value of agricultural land, official unit prices for buildings, building cost calculations, and depreciation cost are calculated to determine the expropriation price, which will be paid to the land owner in advance.
What happens in the case of disagreement on the Expropriation price?
The landowners have the right to disagree with the expropriation price. However the right of litigation regarding this matter rests with the authority in charge of the expropriation. Accordingly, Akfen Renewable Energy opens a cost determination and registration case at the Civil Court of First Instance that is responsible for determining the expropriation value and the court determines the cost. The court is to determine the cost of expropriation by making an on-site exploration through expert inquiries. By law, all trial expenses belong to Akfen Renewable Energy and the proxy fees are paid by the landowners.
How is the expropriation price paid?
The Expropriation price is paid through bank transfer. In the case of disagreement, the amount determined by the court decision and blocked at the local bank branch is paid to the rights holders specified in the justified decision of the court.
On the title deed, my siblings and I mutually own the land, but we have made a de facto division of parcels. Am I entitled to collect the cost of a facility to be constructed on my own parcel?
If there is a de facto division of land, it will appear during expropriation studies. In such cases, the expropriation and product price shall be paid to the shareholder in return for de facto divided land, where the energy generation facility is to be constructed.
Is the cost of cultivated products paid?
If the expropriation price does not include the cost of cultivated products that are detrimental to construction activities, the cost of the product to be cultivated under the current conditions is to be paid immediately before the construction work begins.
If someone else owns the trees on a land that is registered under my name, to whom shall the cost of trees be paid?
The trees that will remain on the construction site and suffer damage will be brought under record through a site survey with the landowners. In this case, the tree cost is paid to the right holder according to the claim and with the approval of the neighborhood representative.
I own the land but I am renting it out and the cultivated products belong to someone else, to whom shall the product fee be paid?
The products in the land, where the energy facilities will be constructed are identified and put under record. In this case, the product fee is paid to the rights holder on record, based on the claim and if any, the rental agreement with the approval of the neighborhood representative. I am using public land owned by the Treasury without authorization, am I entitled to collect land or product fee.
Product fee can be collected after presenting the adequate pay document and a record of the signatures of the neighborhood representative and his associates. The land fee is paid to the Treasury.
I am using pastureland, am I entitled to collect land fee?
Product fee can be collected through a communication declaration on record. The land fee is paid to the Treasury.
I am using someone else’s land without authorization, am I entitled to collect land or product fee?
Product fee can be collected after determination of the situation by a record of the signatures of neighborhood representative and his associates. Land fee will be paid to the right holder on the title deed.
How is land belonging to Village Legal Entities expropriated?
The decision for expropriation of land belonging to Village Legal Entities is recorded in the decision book and a title deed transfer is made. The cost is transferred to the bank account of Village Legal Entities.
I do not want an energy generation facility built on my land, what can I do?
A lawsuit can be filed for the cancellation of the expropriation decision within the legal period after receiving notification of expropriation.
Who pays court expenses for the price determination and registration case?
All kinds of litigation expenses incurred during court proceedings are covered by Akfen Renewable Energy. However, attorney fees are the responsibility of the parties.
The land is registered to my grandfather on the title deed and I am the rightful heir, what should I do?
Your grandfather must apply with the certificate of inheritance to the title deed registry office and demand that the land be transferred to your name and other heirs. The transfer of rights for expropriation and the payment of the price cannot be made before this transaction is made. The application of one of the heirs is sufficient for the transfer.
My sibling, who is a shareholder of the land, does not reside here. How is expropriation made in this case?
If one or more of the shareholders reside abroad or in other cities, transfer can be done by means of a power of attorney, if available. The power of attorney must give special authorization by clearly indicating the land parcel number and the type of title deed transaction that is authorized. If a power of attorney is not given, all shareholders must come together to the title deed registry. The process is very long for those living abroad, when the notification has to be made through the embassies. For that reason, the workflow is accelerated by a power of attorney with special authority to carry out such transactions.
To whom is the expropriation price paid for mortgaged land?
During the transaction, the title deed registry offices call for the consent of the mortgage beneficiary. If this consent is not given, the expropriation cost is paid to the mortgage beneficiary and deducted from your existing debt.
What happens if the construction activities go beyond the temporary easement area?
All construction activities related to energy generation facilities are carried out within the expropriated area. When obligated to go beyond this area, the extra damage will be covered by us following negotiations with the owner/user of the land and receiving of approval.
How can I object to the expropriation decision?
According to Article 10, a cancellation case can be filed in an administrative court against the expropriation process by the owner of the property that is subject to expropriation, starting from the day of court notification and within 30 days from the date of newspaper announcement by the court to substitute for notifications to those who could not be notified. In addition, a correction in the judicial jurisdiction may be filed against errors in fact (Article 14). The results of the lawsuits opened will not affect those who do not file a lawsuit.
