The Nature of Involuntary Expropriation of Property by the Government and Municipalities

Abstract

The nature of land expropriation based on relevant laws such as the Law on the Manner of Acquisition and Expropriation of Lands and Properties for the Implementation of Public, Civil, and Military Programs (ratified on February 6, 1980), as well as the Law on the Valuation Method of Buildings, Properties, and Lands Required by Municipalities (ratified on November 19, 1991), and also the Single Article Law on Determining the Status of Properties Located within Government and Municipality Projects (ratified on November 20, 1988), remains a subject of debate and contention. Some jurists and legal scholars believe that the transfer of ownership of such lands to the government occurs involuntarily and thus cannot be classified as a juridical act. In contrast, others consider these types of expropriations to fall under the category of juridical acts. The legal consequences of these two perspectives are distinct: under the first view, the expropriation is accompanied by declarative intent and possesses the complete nature of a juridical act. Under the second view, the expropriation of land is deemed equivalent to legal destruction (ḥukmī destruction), and the legal consequences of the rule of destruction would apply. The critical examination of these two perspectives, and the identification of the actual legal nature of the involuntary expropriation of individuals’ lands for governmental and civil development programs—along with the implications of each theory—is the central concern of the present article. The aim is to offer an accurate interpretation, particularly through a study of judicial precedents and by considering practical dimensions.