Law No. 7588 on the Amendment of the Contracted Non-Commissioned Officer Law and Certain Other Laws (the “Law“) was published in the Official Gazette dated 11 July 2026 and numbered 33307 and entered into force upon its publication. Under Provisional Article 20, added to Expropriation Law No. 2942 by the Law, a new legal framework has been introduced for immovables that were de facto allocated to public service prior to 8 October 1956 without any expropriation process. The regulation not only redefines the scope of the claims that right holders may assert in respect of such immovables but also gives rise to significant legal consequences for pending judicial proceedings, as it applies not only to future disputes but also to cases that are currently pending before the courts.
Following the Constitutional Court’s annulment of Law No. 221, Provisional Article 20 introduces a new regulatory framework governing de facto public allocations relating to the same historical period. In this respect, the regulation has reignited significant legal debate, particularly regarding the right to property, the constitutional guarantees governing expropriation, and its implications for pending judicial proceedings.
I. The New Legal Framework Following the Annulment of Law No. 221
The regulation introduced by Provisional Article 20 establishes a new legal framework for immovables that were de facto allocated to public service prior to 8 October 1956 without any expropriation process, following the Constitutional Court’s annulment of Law No. 221 of 5 January 1961 on Immovables De Facto Allocated to Public Service by Public Legal Entities or Institutions, which was annulled by the Constitutional Court in 2022.
Pursuant to Provisional Article 20, immovables that were de facto allocated to public service, in a manner consistent with the purpose of the expropriation laws, without being based on any expropriation process up until 8 October 1956, shall be deemed to have been expropriated on behalf of the relevant public institutions and organizations as of the date of allocation. In addition, the presence on the immovable of a facility or structure suitable for the nature and purpose of the public service is accepted as de facto allocation under the Law.
II. New Principles Governing the Claims of Right Holders
Provisional Article 20 also adopts new principles with respect to the claims that right holders may assert. Accordingly, owners or heirs of immovables registered in the land registry, and possessors or heirs with respect to unregistered immovables, may, provided the conditions set out in the Law are met, claim only the market value as of the date of de facto allocation. In addition to this, it is required that not more than ten years have passed since the date of de facto allocation and that the conditions for acquisition by possession have been met as of the allocation date.
The regulation limits the compensation that right holders may claim to the market value as of the date of de facto allocation and provides that the immovables in question shall be deemed to have been expropriated without reliance on any expropriation process. In this respect, the regulation has reignited legal debates similar to those on which the Constitutional Court based its annulment of Law No. 221, namely the right to property, the constitutional guarantees relating to expropriation, and the principle of proportionality in the restriction of fundamental rights.
III. Implications for Pending Cases
Provisional Article 20 has consequences not only for disputes to be filed in the future but also for pending cases. Under the regulation, the provisions of Provisional Article 20 shall apply to pending compensation cases filed up until 12 January 1963, including those under appellate review. Furthermore, claims for compensation and other claims asserted after 12 January 1963 in connection with these immovables shall not be accepted, and this provision shall also apply to pending cases, including those under appellate review.
The fact that the regulation will also apply to pending cases means that it directly affects not only disputes to be filed in the future but also disputes currently pending. This is considered likely to give rise to debates regarding the freedom to seek one’s rights and the right of access to court, and it is considered, in particular, that the application of the Law to pending cases will produce significant consequences in practice.
IV. Registration of Immovables
Where immovables deemed to have been expropriated under Provisional Article 20 are registered in the land registry, they shall be registered in the name of the relevant administration as a result of a case to be filed at the request of the relevant public institutions and organizations. For immovables without a land registry record, where the nature of the allocation requires registration, a record shall be established in the name of the relevant administration. These transactions are exempt from fees; furthermore, it is provided that court and enforcement fees, as well as all types of attorney fees, shall be applied as a fixed amount in cases filed and pending under this article.
V. Conclusion
While Provisional Article 20 establishes a new legal regime for disputes concerning immovables de facto allocated to public service prior to 1956, it significantly limits the scope of the claims that right holders may assert and extends this regime to pending cases as well. Following the annulment by the Constitutional Court of Law No. 221, this amendment, which introduces a new legal framework for de facto public allocations prior to 1956, has given rise to renewed constitutional debate, particularly with respect to the constitutional guarantees relating to the protection of the right to property, the constitutional principles relating to expropriation, and the principle of proportionality in the restriction of fundamental rights. The application of the regulation and any potential constitutional review processes are expected to be closely followed in the coming period.
You can access the full text of the amendments via this link. (Only available in Turkish)
