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The Constitutional Court annulled the interest regulation in the Expropriation Law.

The Constitutional Court annulled the interest regulation in the Expropriation Law.

09.12.2024 12:01

The Constitutional Court annulled the phrase "During the installment payment period, legal interest shall also be paid in accordance with Law No. 3095" in the temporary Article 19 of the Expropriation Law. The decision was made unanimously and published in the Official Gazette.

The Constitutional Court ruled unanimously to annul the fourth sentence of the first paragraph of the temporary Article 19 of the Expropriation Law No. 2942. The annulled fourth sentence included the provision, "During the installment payment period, legal interest shall also be paid according to Law No. 3095."

The relevant regulation granted citizens the right to legal interest on installment payments. However, with the decision made, this right has now lost its validity.

The annulled regulation contained the following statement in the fourth paragraph of the temporary Article 19 of the Expropriation Law:

"During the installment payment period, legal interest shall also be paid according to Law No. 3095." This regulation ensured that interest was included in the installment process for payments made during expropriation procedures. However, the court ruled that this provision was unconstitutional.

LEGAL INTEREST HAS BECOME A THING OF THE PAST

Following the decision, legal interest can no longer be claimed in installment payments during the expropriation process. This situation may have financial implications for both public institutions and the owners of expropriated lands. The removal of interest may change the scope of the payment obligation and could lead to a decrease in the receivables of the rightful owners.



 
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