Journal of Accounting and Management Vision

Journal of Accounting and Management Vision

Legal analysis of the acquisition of private property by the municipality for the implementation of public and development projects

Document Type : Original Article

Author
Legal Management of Real Estate and Contracts, Bushehr Municipality, Bushehr, Iran
Abstract
The acquisition of private property and land by the municipality for the implementation of public and development projects is one of the most important and at the same time most challenging issues in the field of public and urban law. This process, which is at the intersection of private property rights and public interests, requires a balance between the necessity of implementing urban development projects and protecting the property rights of citizens. The present study, using a review and library method and a descriptive-analytical approach, examines the legal, jurisprudential and procedural foundations of property acquisition by the municipality. The findings of the study show that although Articles 44, 46 and 47 of the Constitution endorse and respect private property, Article 40 of the Constitution and the theory of the primacy of public rights over private rights provide the legal basis for acquisition.Specific laws, including the 1979 Law on the Purchase and Acquisition of Land and Real Estate, the 1989 Law on Determining the Status of Real Estate Located in Government and Municipal Projects, and the 1988 Law on the Valuation of Buildings, Real Estate, and Land Required by Municipalities, have defined the legal framework for this matter. However, the fragmentation and multiplicity of laws, ambiguity in the concept of exercising sovereignty and tenure, delays in implementing projects, differences in price evaluation, and the lack of a comprehensive real estate information system are among the most important challenges facing municipalities. By analyzing these challenges, the present study suggests solutions such as developing comprehensive guidelines, creating an integrated database, strengthening consensus mechanisms, fair and transparent evaluation, and providing a specialized dispute resolution mechanism
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