DOI: 10.53443/anadoluibfd.1831493 ISSN: 2687-184X

EVALUATING THE ABSOLUTE NATURE OF PROPERTY RIGHTS AND THE LEGITIMACY OF “PUBLIC INTEREST” IN EXPROPRIATION: AN ASSESSMENT OF INTERFERENCES WITH PROPERTY WITHIN THE CONTEXT OF PUBLIC POLICIES IN TÜRKİYE

Almıla Kepenek, Osman Kepenek
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This study primarily examines the relationship between the right to property and the notion of public interest, addressing both the theoretical debates and their practical application in Türkiye. Although the right to property is, by definition, an absolute right granted to all individuals, it may be restricted or even extinguished under certain circumstances, particularly when public interest considerations arise. However, the boundaries of this practice—commonly referred to in the literature as expropriation or nationalization and implemented as a public governance instrument—have not been fully or precisely defined. In addition, the conceptual understanding of the right to property has evolved over time within international legal instruments as well as successive Turkish constitutions. While expropriation derives from the sovereign powers of the state, it is simultaneously regarded as a mechanism necessary for fulfilling public functions. Despite being justified on the grounds of societal benefit, this form of interference with what is typically viewed as an absolute right continues to provoke extensive scholarly debate. Accordingly, this study examines the theoretical foundations of these debates through a normative-legal analytical approach and seeks to provide a conceptual framework on the legitimacy and limits of expropriation by drawing on international legal instruments, Turkish constitutional provisions, relevant legislation, and theoretical discussions in the literature.

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