Turkish Constitutional Court has examined the expert report’s proof qualification upon the finalization of the court decision. As a summary, the Constitutional Court decided that the acceptance of the objection to the expert report in the appeal process does not comply with the proprietary right of the applicant because the report was not objected by the parties at the first place.
In this case; A part of the applicant’s land, was seized by the Council in 1986 and the energy transmission line was installed to the land of the applicant. The applicant filed suit against the Council on 3 August 2012 for confiscation without expropriation and requested the payment of TRY 1 without prejudice.
The expert report stated that the value of the estate decreased by 57.19% due to the easement; therefore, the easement value could be TRY 257,693. The Council appealed the decision but did not object the report. The court of appeal decided that the expert report received in the first case was erroneous and decided to accept the application and reject the additional case. Upon this decision, the applicant made an individual application to the Constitutional Court.
The Constitutional Court stated that making the report negotiable with the objections that had not been raised before was not in accordance with the Turkish law. Therefore, the lawsuit filed by the applicant was rejected without any fault of the applicant and as a result, this caused the Council to benefit from its own fault. This is incompatible with the principles of legal certainty and predictability, and the right to property guaranteed in article 35 of the Constitution was violated on the grounds that the guarantees foreseen in the judicial procedure were not provided.
(Constitutional Court’s decision dated 16 October 2020 and numbered 31276)
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