I.R.S. and Others v. Turkey (dec.)

Information Note on the Court’s case-law 49

January 2003

I.R.S. and Others v. Turkey (dec.) - 26338/95

Decision 28.1.2003 [Section II]

Article 1 of Protocol No. 1

Article 1 para. 1 of Protocol No. 1

Deprivation of property

Expropriation in favour of the State on basis of interrupted occupation for over 20 years on grounds of public utility: admissible

The applicants were joint owners of part of a site occupied since 1955 by a military airfield, another part of which belonged to the Turkish Aviation League.  In 1993, on application by the Ministry of Defence, the Ankara Regional Court decided to transfer ownership of the land to the authorities, considering that the conditions required by the Expropriation Act of 1983 were satisfied.  It stated that the file showed that the authorities had occupied the land without interruption for over 20 years in the public interest.  The applicants appealed unsuccessfully on a point of law.

Admissible under Article 1 of Protocol No. 1.

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