Expropriation is among the operations that intervenes with the property right of individuals in which the public benefit and the benefit of the individual are in conflict where public benefit is considered superior. The present study has examined the instances in which the previous tenant may be re-entitled to the property right for the immovable within the framework of the decree by the Constitutional Court with application number 2019/4794 and individual application file dated 18/1/2022. Preventing the immovable from being assigned to public use for a long period after expropriation, preventing the previous tenant from benefiting from the increase in the value of the immovable during this period may be considered as an immoderate infringement of the property right. In this scope, even though many revisions have been made in item 22 of the Law of Expropriation, the problems in execution are still yet to be overcome. There is a need to solve the legal and de facto impracticalities that emerge following the finalization of the expropriation decree. The time limit imposed in item 22/3 of the Law of Expropriation also leads to other problems. On the other hand, item 23 of the Law of Expropriation should also be re-evaluated in order to ensure that the individuals may effectively use their reclamation rights.