Journal of Accounting and Management Vision

Journal of Accounting and Management Vision

Review of the municipality's property rights to public and private properties

Document Type : Original Article

Author
Legal Management of Real Estate and Contracts, Bushehr Municipality, Bushehr, Iran
Abstract
The study of the property rights of the municipality with respect to public and private properties is one of the fundamental issues of public and urban law that has gained double importance with the expansion of urbanization and the complexity of urban management. As a non-governmental public institution, the municipality, in carrying out its service and development duties, is forced to interact with properties that are either public property or belong to citizens. The findings of this study show that the properties at the disposal of the municipality do not follow a single system; the municipality's ownership of public properties is of the type of "administrative ownership" and is based on public interest, not absolute private ownership, and therefore cannot be freely transferred. In contrast, the acquisition of private properties by citizens for the implementation of development projects, whether by agreement or by force, is subject to strict legal procedures, the failure to comply with which leads to the invalidation of the acquisition operation in the Administrative Court of Justice.Therefore, the municipality should be considered a "trustee" and "manager" of public property for citizens, and achieving property justice requires a balance between public interests and individual rights
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