نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
Respecting and protecting citizens' property is one of the fundamental rights of individuals and one of the primary duties of the state. Identifying public and government-owned lands, which are considered public wealth, is also among the undisputed duties of state. This dual duty of the state requires it to always adopt a clear, transparent, legal, documented, and contestable approach, so that it neither exceeds its competence in expropriating private-owned land under the pretext of public interest nor allows encroachment on public and government lands. Achieving these goals require adopting an appropriate legislative policy and enacting qualitative laws. However, current laws cannot be considered suitable and precise tools for achieving these objectives. The numerous laws, complexity of procedures, and multiple authorities are among the drawbacks of the existing legal system governing the protection of private property and the preservation of public lands. It was expected that the legislator would provide a mechanism in ‘the Law on the Requirement to Register Real Estate Transactions’ to put an end to the instability of land property, whether private or public. However, this law provides no means to compel the government to transparently and clearly inform citizens of its claims, determinations, and diagnostic opinions, nor to take action to issue title deeds for public and government lands within a specified timeframe. This hesitation by the legislator has resulted in private land property always being at risk of encroachment and acquisition by the government and public institutions.
کلیدواژهها English