Investigating the economic effects of the laws and regulations of the government's acquisition measures, regarding the lands within the limits and boundaries of the cities, relying on Islamic law

Document Type : Original Article

Authors

• Ali Bagheri ¹
• Mojtaba Nikdoosti ²
• Maryam Ghorbanifar ²

¹ Doctoral student of Private Law Department, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.

² Assistant Professor, Department of Private Law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.

Abstract

Some government bodies and institutions usually need to take possession of some private lands and properties in order to provide social benefits and implement construction and public projects, and there is a possibility that if they rely on market law to acquire them from the owners, most of the projects General to face failure. In the same way, in all countries, the laws and regulations allow the government to exercise coercive power in the acquisition of private lands for the implementation of public projects. Despite the fact that such a potential action violates the rules of property rights and does not respect the property of individuals, but if the exchange costs prevent the government from agreeing with the owners on the condition of guaranteeing the rights of individuals and paying a fair price and public use of the lands in question after acquisition, The interests of society will be secured and the property of the subject will be acquired and they will be used at their highest value. On the other hand, the restrictions that the government imposes on the way people use their lands are sometimes so large that it raises doubts about the title of restriction or acquisition (deprivation or limitation of ownership). Recognizing this issue requires determining appropriate criteria to identify each from the other. In this article, under the title of examining the economic effects of the laws and regulations of the government's acquisition measures, we will analyze the basics and conditions of acquisition and the

Keywords

• Acquisition measures
• economic
• urban lands
• sovereignty
• Islamic law

Main Subjects

• Islamic law

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