Foreign Investor’s Land Is Affected by a New Road Project in Turkey: Expropriation and Compensation Guide – 2026 Updated Guide

What can a foreign investor do when a new road project affects land in Turkey? Learn about expropriation, partial land acquisition, compensation and urgent legal remedies.

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What Happens When a Road Project Affects Foreign-Owned Land?

A new road project may affect foreign-owned land by taking part of the parcel, changing access, reducing development potential or occupying the property entirely.

The project may involve:

• A highway;
• A public road;
• A bridge connection;
• A service road;
• A transport corridor;
• An intersection;
• A tunnel entrance;
• A pedestrian route; or
• Related drainage and infrastructure works.

The public authority may begin with a planning decision, route reservation or project announcement. Later, it may commence a formal expropriation process or physically enter the land.

The foreign investor’s rights depend on the stage of the project, the size of the affected area, the legal status of the road and whether compensation has been paid.

Is Every Road Project an Expropriation?

No. A road project may affect land in several different ways.

Planning Reservation

A zoning or infrastructure plan may reserve part of the property for a future road. The owner may still hold title, but construction and development may be restricted.

Formal Expropriation

The public authority may begin a formal acquisition process to obtain ownership or possession of the land for the road project. Compensation should be assessed according to the property’s legally relevant value.

Partial Acquisition

Only part of the parcel may be acquired. In this case, the owner may also suffer a loss in the value and usability of the remaining land.

Physical Occupation

The authority or a contractor may begin construction without completing the acquisition and payment process. This may create separate compensation and unlawful occupation claims.

Each situation requires a different legal strategy.

What Rights Does a Foreign Investor Have?

A foreign investor may have the right to:

• Receive proper notice;
• Review the road project and acquisition documents;
• Challenge an unlawful project or decision;
• Submit an independent valuation;
• Negotiate a higher compensation amount;
• Claim for the affected land;
• Claim for loss to the remaining parcel;
• Seek interest on delayed payment;
• Request formal acquisition; and
• Challenge occupation without payment.

Foreign ownership does not automatically prevent a property owner from seeking compensation. Separate rules concerning foreign land ownership may still need to be reviewed in specific cases.

What If Only Part of the Land Is Taken?

Partial acquisition can cause substantial losses beyond the value of the land physically used for the road.

The remaining property may:

• Lose direct road access;
• Become landlocked;
• Be divided into irregular sections;
• Become too small to develop;
• Lose frontage;
• Suffer noise or safety impacts;
• Lose rental or agricultural income;
• Become more difficult to sell; or
• Require a new entrance or access road.

The compensation assessment should compare the value of the entire property before the project with the value of the remaining property after the road is completed.

A simple calculation based only on the number of square meters taken may underestimate the owner’s actual loss.

Can the Owner Challenge the Road Project?

A foreign investor may challenge the project or related planning decisions if there are legal grounds.

Possible grounds may include:

• Lack of a genuine public purpose;
• Defective route approval;
• Failure to consider alternative routes;
• Inadequate technical justification;
• Failure to follow notification procedures;
• Conflict with superior planning decisions;
• Unlawful treatment of comparable properties;
• Disproportionate damage to the investor’s property; or
• Construction outside the approved route.

The owner may seek cancellation of the relevant decision or urgent protection while the dispute is examined. Applicable legal periods may be strict and may depend on the date of notification or actual knowledge.

Can the Investor Request Urgent Protection?

Urgent legal protection may be considered if:

• Construction is about to begin;
• The authority is taking possession before payment;
• Trees or buildings are being removed;
• The project is exceeding the approved route;
• Access is being blocked;
• The property may be transferred or encumbered; or
• Later restoration would be difficult or impossible.

The investor should immediately preserve photographs, videos, project maps, official notices and evidence of the land’s condition before construction begins.

The owner should not physically obstruct road works or confront contractors. Any objection should be made through written and legal channels.

How Is Road Project Compensation Calculated?

The valuation may consider:

• The market value of the acquired land;
• The legally permitted use;
• Development capacity;
• Location and access;
• Road frontage;
• Comparable sales;
• Buildings and permanent structures;
• Trees and crops;
• Business or rental income;
• The effect on the remaining land; and
• Costs caused by relocation or reconstruction.

If a road removes the property’s previous access or reduces its development potential, those effects should be included where legally recoverable.

An independent appraisal and technical survey can help identify the full financial effect of the project.

Can the Investor Claim for Buildings and Improvements?

Potentially. Buildings, walls, agricultural improvements, irrigation systems, trees, crops, wells and other permanent structures may affect the compensation amount.

The investor should preserve:

• Construction permits;
• Building plans;
• Invoices;
• Photographs;
• Agricultural records;
• Lease agreements;
• Business records; and
• Evidence of improvements made before the road project.

The legal treatment of an unlicensed structure may differ, so the owner should not assume that every improvement will be compensated in the same way.

What If the Road Project Was Already Planned Before Purchase?

If the road route or public project was already approved and clearly disclosed before the foreign investor purchased the land, a claim against the public authority may be more difficult.

A claim against the seller may still be possible if the seller:

• Concealed the project;
• Provided outdated planning information;
• Advertised the land as unaffected;
• Promised that the route would be changed;
• Sold the land at a premium; or
• Failed to disclose a material restriction.

The investor should compare the planning records in force at the purchase date with the information provided during the sale.

What If the Authority Uses the Land Without Payment?

If construction begins or the road is opened without completing the acquisition and payment process, the owner may have claims for:

• Compensation for the land used;
• Loss of possession;
• Use and occupation value;
• Loss to the remaining property;
• Damage to buildings and improvements;
• Interest; and
• Other direct losses.

The owner should identify the public authority responsible for the project and request the complete acquisition and construction file.

Can the Investor Negotiate a Higher Amount?

Yes. The initial compensation offer may be negotiated or challenged with supporting evidence.

A counterproposal should be based on:

• Independent market valuation;
• Comparable sales;
• Development rights;
• Remaining land value;
• Access losses;
• Buildings and improvements;
• Business or rental income; and
• The project’s effect on the entire property.

The investor should not sign a final release or unconditional settlement before reviewing the legal consequences. A verbal promise that additional compensation will be paid later may not protect the owner.

What Evidence Should a Foreign Investor Collect?

The investor should preserve:

• The title deed;
• The road project plan;
• Route and acquisition maps;
• Expropriation notices;
• Official valuation reports;
• Payment offers;
• Planning decisions;
• Permit documents;
• Photographs and videos;
• Independent appraisal reports;
• Construction and agricultural records;
• Rental agreements; and
• Correspondence with the authority or contractor.

The investor should also record the dates of notification, construction, possession and any payment offer.

What Should the Investor Do Immediately?

A foreign investor should:

1. Obtain the road project and route documents;
2. Confirm whether formal acquisition has begun;
3. Commission an independent survey and valuation;
4. Calculate loss to the remaining property;
5. Check access, development and income effects;
6. Preserve evidence before construction advances;
7. Submit objections within the applicable period;
8. Avoid signing a final settlement without advice; and
9. Consider urgent protection if possession or construction is imminent.

The investor should not rely only on statements from a broker, contractor or local representative.

Can a Foreign Investor Act From Abroad?

A foreign investor may often manage the matter from abroad through a properly prepared power of attorney.

A lawyer can obtain project records, arrange surveys, negotiate compensation, challenge the relevant decision and pursue legal proceedings. The power of attorney may require notarization, apostille or legalization and certified translation.

Lawyer Fırat Fesih Kaya assists foreign investors with road project expropriation, partial land acquisition, compensation, public occupation and property disputes in Turkey.

2026 Legal Considerations

In 2026, road project disputes should be assessed according to the project stage, the affected area, the owner’s remaining property, the compensation offer and the legality of the planning and acquisition process.

Foreign investors should confirm current procedural requirements, possible mediation obligations and applicable legal periods before filing a claim. Delay may affect both the ability to challenge the project and the calculation of compensation and interest.

Conclusion

A new road project may significantly reduce the value and usability of foreign-owned land. The investor may have rights to compensation for the acquired area, loss to the remaining parcel, buildings and improvements, access problems, delayed payment and unlawful occupation.

The strongest claims are supported by independent valuation, technical surveys, route maps, project documents, comparable sales and evidence of the property’s condition before construction.

Frequently Asked Questions (FAQ)

1. Can a foreign investor receive compensation when a road project affects land in Turkey?

Yes, compensation may be available for land acquired, loss to the remaining property, buildings, improvements and other proven losses.

2. What if only part of the land is taken?

The investor may claim not only for the area physically taken but also for the reduction in value or usability of the remaining land.

3. Can the investor challenge the road route?

Potentially. A challenge may be possible if the route decision lacks public-purpose justification, violates planning rules, follows a defective procedure or causes disproportionate harm.

4. What if construction begins before payment?

The owner may have claims for compensation, occupation, interest, damage to improvements and loss of use. Immediate legal action may be necessary.

5. Can the owner claim for loss of road access?

Potentially. If the project removes or substantially reduces access, the resulting loss in value, development potential or income may be relevant.

6. Can the owner negotiate a higher compensation amount?

Yes. An independent appraisal, comparable sales and evidence of development rights may support a higher compensation demand.

7. What if the road project was planned before the land was purchased?

A claim may be more difficult if the project was disclosed. However, the seller may still be liable if it concealed the project or provided misleading information.

8. Can buildings, trees and improvements be included in compensation?

Potentially. Their treatment depends on their legal status, construction records, condition and relationship to the acquisition.

9. Can the investor request urgent protection?

Potentially. Urgent protection may be considered where construction, possession or destruction of improvements is imminent.

10. Can a foreign investor manage the case from abroad?

Often, yes. A lawyer may act under a properly prepared power of attorney, subject to notarization, apostille or legalization and certified translation requirements.

This article is provided for general informational purposes only and does not constitute legal advice. We recommend consulting a lawyer about your specific circumstances to avoid any loss of rights.

Expert Legal Support

A road project can create serious expropriation, access and valuation problems for foreign landowners. Professional legal support can help review the route, calculate the full loss, challenge an unfair valuation and protect the investor’s remaining property.

Fırat Fesih Kaya Law Office provides legal assistance to foreign investors and property owners in Turkey and abroad.

Call: +90 312 434 22 22
WhatsApp: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Office: Mevlana Boulevard No:221, Yildirim Tower, Office No:148, Balgat, Cankaya, Ankara, Turkey