Court halts rapid expropriation for Istanbul's third airport
A Council of State board has halted the execution of a cabinet decision on rapid expropriation of the land for Istanbul?s third airport project to the north of the city, determining there was no reasoning of the ?defense of the country? in the case.
?In this case, there is no legal point in rejecting the demand to halt the execution of a rapid expropriation,? said the ruling, which also referred to the law which states there should be a public interest in cases of rapid expropriation.
Any immovable property may be seized in cases of expropriation subject to a cabinet decree for national defense or an emergency situation, such as a natural disaster, according to Article 27 of the Turkish Expropriation Law.
Istanbul Bar Association Environment and City Law Commission President Alev Seher Tuna said the decision was submitted to them by the court, as they have filed a complaint demanding the halt of execution of expropriation.
?We had demanded the court cancel the cabinet decree of rapid expropriation saying that there is no threat of a ?war? situation. The Council of State?s 6th Board rejected it. We objected once again and the plenary session has approved our demand. Now we will wait for the 6th Board?s decision. We are hopeful about the judicial procedures,? said Tuna.
The government made changes to the law on the expropriation of land in emergency situations, such as natural disasters or war, in 2011, after an earthquake in the southeastern province of Van. It was claimed the massive damage in the city had been caused by widespread illegal construction, which was halted by introducing a law permitting the government to rebuild such buildings.
According to the amendment, rapid expropriation can be considered...
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