Land subject to prolonged planning restrictions

A recent judgment on prolonged public-service planning restrictions and recovery of land value.

Yargıtay Fifth Civil Chamber, E.2025/17762, K.2026/9496, 20.05.2026.

The case concerned land reserved for educational facilities in a development plan and retained for public use for many years. Despite no physical taking, the Court found that the indefinite restriction of ownership amounted to taking without formal expropriation in this case. It accepted valuation based on comparable properties and recovery of the property’s value from the responsible authority.

Sources

Adalet Bakanlığı · Son Karar · Ünlütürk Hukuk

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