Faq On Expropriation

How is expropriation carried out?
Expropriation, which involves acquiring land, follows the regulations of Expropriation Law No. 2942. It entails transferring the rights of the property's title deed in agreement with the landowners.

How is the determination and payment of the expropriation price done?
The expropriation price is determined through a land valuation study based on parcel evaluation, considering legal limitations and international standards. The determined price is then offered to the landowners/heirs. If an agreement is reached, the title deed is transferred after an advance payment of the price. The expropriation price is calculated using methods such as the net income method for agricultural land, precedent sale value of agricultural land, official unit prices for buildings, building cost calculations, and depreciation cost.

What happens if there is a disagreement regarding the expropriation price?
Landowners have the right to disagree with the expropriation price. However, the authority in charge of the expropriation holds the right to litigate in such cases. Akfen Renewable Energy, for example, would initiate a cost determination and registration case at the Civil Court of First Instance to determine the expropriation value. The court would conduct an on-site exploration through expert inquiries to determine the cost. All trial expenses would be borne by Akfen Renewable Energy, and the proxy fees would be paid by the landowners.

How is the expropriation price paid?
The expropriation price is paid via bank transfer. In case of disagreement, the amount determined by the court decision is blocked at the local bank branch and then paid to the rights holders specified in the court's justified decision.

I co-own the land with my siblings, but we have informally divided the parcels. Can I receive compensation for a facility to be built on my parcel?
If there is an informal division of land, it will be taken into account during expropriation studies. In such cases, the expropriation price and compensation for the divided land, where the energy generation facility will be constructed, will be paid to the respective shareholder.

Are the costs of cultivated products paid?
If the expropriation price does not include the costs of cultivated products that would be affected by construction activities, the cost of the product under current conditions will be paid immediately before the construction work begins.

If someone else owns the trees on a land registered under my name, who will receive the compensation for the trees?
The trees that will remain on the construction site and sustain damage will be recorded through a site survey involving the landowners. In this case, the compensation for the trees will be paid to the rightful owner with the approval of the neighborhood representative.

I own the land but rent it out, and the cultivated products belong to someone else. Who is entitled to the product fee?
The products on the land where the energy facilities will be constructed will be identified and recorded. In this case, the product fee will be paid to the recorded rights holder, based on their claim and, if applicable, the rental agreement, with the approval of the neighborhood representative.

I am using public land owned by the Treasury without authorization. Can I collect land or product fees?
To collect the product fee, you need to present the appropriate payment document and obtain a record of the signatures of the neighborhood representative and their associates. The land fee will be paid to the Treasury.

I am using pastureland. Can I collect a land fee?
To collect the product fee, you need to make a communication declaration and have it recorded. The land fee will be paid to the Treasury.

I am using someone else's land without authorization. Can I collect land or product fees?
To collect the product fee, the situation needs to be determined and recorded through the signatures of the neighborhood representative and their associates. The land fee will be paid to the rightful owner indicated on the title deed.

How is land belonging to Village Legal Entities expropriated?
The decision to expropriate land belonging to Village Legal Entities is recorded in the decision book, and a title deed transfer is carried out. The cost is transferred to the bank account of the Village Legal Entities.

I do not want an energy generation facility to be built on my land. What can I do?
You can file a lawsuit to cancel the expropriation decision within the legal period after receiving the notification of expropriation.

Who pays the court expenses for the price determination and registration case?
Akfen Renewable Energy bears all the expenses related to litigation during court proceedings. However, attorney fees are the responsibility of the parties involved.

The land is registered under my grandfather's name, and I am the rightful heir. What should I do?
Your grandfather needs to apply with the certificate of inheritance to the title deed registry office and request the transfer of the land to your name and other heirs. The transfer of rights for expropriation and payment of the price cannot be made until this transaction is completed. The application by 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 carried out in this case?
If one or more of the shareholders reside abroad or in other cities, the transfer can be done through a power of attorney, if available. The power of attorney must explicitly authorize the specific land parcel number and the type of authorized title deed transaction. If a power of attorney is not provided, all shareholders must be present at the title deed registry. The process can be lengthy for those living abroad, requiring notifications through embassies. Therefore, a power of attorney with special authority is recommended to expedite the transaction.

To whom is the expropriation price paid for mortgaged land?
During the transaction, the consent of the mortgage beneficiary is sought by the title deed registry offices. If consent is not given, the expropriation cost is paid to the mortgage beneficiary and deducted from the existing debt.

What happens if the construction activities extend beyond the temporary easement area?
All construction activities related to energy generation facilities are conducted within the expropriated area. If there is a need to go beyond this area, negotiations with the landowner/user are carried out to cover the additional damages, subject to their approval.

How can I object to the expropriation decision?
As the property owner subject to expropriation, you have the right to file a cancellation case in an administrative court within 30 days from the date of court notification or newspaper announcement (in case of failed notification). Additionally, a correction in the judicial jurisdiction can be filed to address factual errors. It's important to note that the results of the lawsuits will not affect those who choose not to file a lawsuit.