I incorrectly predicted that there's no violation of human rights in ÖZTÜRK v. TURKEY.

Information

  • Judgment date: 2021-11-16
  • Communication date: 2018-09-26
  • Application number(s): 14402/11
  • Country:   TUR
  • Relevant ECHR article(s): P1-1, P1-1-1
  • Conclusion:
    Violation of Article 1 of Protocol No. 1 - Protection of property (Article 1 para. 1 of Protocol No. 1 - Peaceful enjoyment of possessions)
  • Result: Violation
  • SEE FINAL JUDGMENT

JURI Prediction

  • Probability: 0.841098
  • Prediction: No violation
  • Inconsistent


Legend

 In line with the court's judgment
 In opposition to the court's judgment
Darker color: higher probability
: In line with the court's judgment  
: In opposition to the court's judgment

Communication text used for prediction

The application concerns the deduction of part of the applicant’s land by the administration as “contribution to planning costs” (düzenleme ortaklık payı) for the construction of a road and the subsequent sale of that property to a third party following an amendment made in the zoning plan.
The case lodged by the applicant was dismissed by the Büyükçekmece Civil Court of General Jurisdiction.
In line with the reasoning of the Court of Cassation, the domestic court found that pursuant to Article 35 of the Expropriation Act (Law no.
2942), the ex-owners of a land, which had been taken as “contribution to planning costs”, could not claim compensation or restitution.
The court further held that the subsequent changes in the zoning plan and the allocation of the land to third parties would not provide an opportunity for the ex-owners to claim title.
The applicant complains of a violation of his rights under Article 1 of Protocol No.
1.

Judgment