Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Acquisition of real estate and land by government institutions from a jurisprudential point of view and its challenges in judicial procedure

Document Type : research

Authors
Behnam Abbasi 1
Alireza Rajabzadeh 2
Alireza Mazloum Rahani 3
1 PhD student in the Department of Law, Faculty of Humanities, Branch, Islamic Azad University, Qeshm, Iran.
2 Assistant Professor, Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran.
3 Assistant Professor, Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
10.22034/ejs.2024.414950.1540
Abstract
Background and purpose: In the discussion of land acquisition, there are always many challenges for land owners to file lawsuits and demand ownership rights in the judicial procedure. The purpose of this article is to examine the acquisition of real estate and land by government institutions from a jurisprudential point of view and its challenges in judicial procedure.

Materials and methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.

Ethical considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.

Findings: In jurisprudence, the acquisition of real estate and land by government institutions in line with public interests is accepted in the form of rules such as harm. This approach is also approved in the subject law, but due to the multiplicity of laws, the effect or lack of effect of the implementation of the plan in determining the price of land, the basis of the pricing of occupied land.

Conclusion: It is necessary to review and add some articles in the form of a single article in order to eliminate the aforementioned gaps, the necessity of establishing a quasi-judicial authority with a combination of representatives of land owners, government representatives and judges. Justice should be considered.
Keywords
acquisition of land and real estate
judicial procedure
property rights
government institutions
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, special issue
Studies of economic jurisprudence
Summer 2024
Pages 363-380