Petition For Increase In Easement Fee
…… TO THE HONORABLE COURT
…….
PLAINTIFF :…….
ATTORNEYS :…….
DEFENDANT: …….
SUBJECT: Our Request for an Increase of ……… TL in the Easement Fee
EXPLANATIONS :1-Our client is the owner of a …… m2 immovable property registered in the land registry at Pafta No: ……., Ada No: ……., Parsel No: ……. in ……. District, ……. Neighborhood, ……. Location, ……. Province.
2-An easement right has been established by the defendant institution on a ……. m2 portion of our client’s immovable property, and an easement fee of ……..-TL has been assessed.
3-The easement fee assessed by the defendant institution is very low. The establishment of the easement right and the passage of the Energy Transmission Line over the immovable property has negatively affected the value of the immovable property and caused a loss in value. The difference between the value of the property before the power line was installed and its current value is much higher than the easement fee determined. There are olive trees on the property, and the power transmission line passing through it will negatively affect the yield and reduce productivity, causing our client to suffer damages. Moreover, this property is located within the municipal area and is classified as land.
4-For these reasons, it has become necessary to file this lawsuit to increase the easement fee assessed by the defendant Institution from ………..-TL to ………-TL by ……..-TL.
LEGAL GROUNDS: Expropriation Law, Relevant Legislation
EVIDENCE:
Title Deeds,
Expropriation Documents
Survey and Expert Examination
Legal and Discretionary Other Evidence, etc.
RESPONSE PERIOD: 10 Days
RESULT OF THE CLAIM: For the reasons stated, the easement fee of ……… -TL easement fee to be increased by …….-TL to ……..-TL, for the litigation costs to be borne by the defendant, and for the opposing party’s attorney’s fees to be awarded to us as attorneys, in accordance with the last paragraph of Article 164 of the Attorney Law No. 1136, as amended by Law No. 4667.
PLAINTIFF’S ATTORNEY