Principles and purposes of expropriation and restriction of ownership of urban lands by the government(مقاله علمی وزارت علوم)
منبع:
مدیریت شهری دوره ۱۴ پاییز ۱۳۹۵ ضمیمه لاتین شماره ۴۴
۳۱۰-۲۹۹
حوزههای تخصصی:
Clarification of the legal and religious status of property ownership rights and paving the way for elimination of defects and completing existing rules and therefore, expanding economic security as well as determining and explaining the limits of expropriation by religious legitimate government and religious statement of permission of such an action from the Islamic State and clearing objectives which cause political system ignore ownership of individuals and expropriation of them are among thing which are required to be reviewed in the Iranian legal system because article 1 of the urban land law approved in 1987 states that: “this law was passed in order to regulate and formulate issues related to land and increased supply and reforming and stabilizing its price as one of the major factors of production and public and social welfare and creating more accurate and wider backgrounds to maintain and exploit the lands as well as allowing for the implementation of Article 31 and meeting the goals set forth in Articles 43, 45 and 47 of constitution of the Islamic Republic of Iran to provide housing and public facilities”. Nevertheless, the author of this article is trying to answer this question that what are legal basis and purposes of expropriation and limiting urban lands ownership? To answer this crucial question; we will initially explain the concept of expropriation and then, we will review principles and legal reasons for permission for this action by the government and then, we will explain the purposes of expropriation and limiting land ownership. Legal Principles of expropriation and limitation of ownership of urban lands by the government are cases such as special powers of the supreme Leader, private owners being bound to observe the legal criteria, preventing injurious to others in the exercise of the ownership right and the necessity of observing Islamic standards in financial and economic affairs. Objectives of expropriation and Limitation of Urban lands ownership by the government are items such as Public service, avoiding loss of others and issuing fines and penalties (financial punishment).