A Study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law (Book): Difference between revisions
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The author considers that pre-possession acquisition is permissible only when the implementation of the project is urgent; in such cases, acquisition can occur prior to possession. He does not regard consent, which is a prerequisite for the validity of a transaction, as applicable here, arguing that necessity renders the transaction valid without consent. In conclusion, he references the rights for which the municipality is obligated to compensate, including land and building rights, usufruct rights, easement rights, and others. He identifies legal means to secure these rights as monetary payment or non-monetary compensation, but asserts that municipalities also pursue other methods that are illogical and detrimental, such as granting excess construction density rights (<nowiki>''</nowiki>tarākom<nowiki>''</nowiki>) or authorizing changes in land use (<nowiki>''</nowiki>taghyīr-e kārbari<nowiki>''</nowiki>). | The author considers that pre-possession acquisition is permissible only when the implementation of the project is urgent; in such cases, acquisition can occur prior to possession. He does not regard consent, which is a prerequisite for the validity of a transaction, as applicable here, arguing that necessity renders the transaction valid without consent. In conclusion, he references the rights for which the municipality is obligated to compensate, including land and building rights, usufruct rights, easement rights, and others. He identifies legal means to secure these rights as monetary payment or non-monetary compensation, but asserts that municipalities also pursue other methods that are illogical and detrimental, such as granting excess construction density rights (<nowiki>''</nowiki>tarākom<nowiki>''</nowiki>) or authorizing changes in land use (<nowiki>''</nowiki>taghyīr-e kārbari<nowiki>''</nowiki>). | ||
==Book | == Structure of the Book == | ||
"A Study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law", authored by Rezā Bāghbānī addresses the issue of municipal acquisition of privately owned land. This work, which serves as the author's thesis, has been published by the Khorasan Seminary publishing house. | "A Study of Land Acquisition by Municipalities from the Perspective of Islamic Jurisprudence and Law", authored by Rezā Bāghbānī addresses the issue of municipal acquisition of privately owned land. This work, which serves as the author's thesis, has been published by the Khorasan Seminary publishing house. | ||
The book consists of a preface and four sections. In the first section, the author discusses the fundamental principles and concepts required for the research across three chapters. The second section is dedicated to the conflict between private and public rights, with the first chapter addressing the foundations of the precedence of private rights over public rights, and the second chapter examining the foundations of the precedence of public rights over private rights. In the third section, the author explores the procedural stages of land acquisition, the issue of pre-possession acquisition, and the criteria for calculating prices and damages. The fourth section focuses on the rights of property owners in relation to land acquisition by municipalities and the methods by which municipalities can secure these rights, concluding with a summary and recommendations. | The book consists of a preface and four sections. In the first section, the author discusses the fundamental principles and concepts required for the research across three chapters. The second section is dedicated to the conflict between private and public rights, with the first chapter addressing the foundations of the precedence of private rights over public rights, and the second chapter examining the foundations of the precedence of public rights over private rights. In the third section, the author explores the procedural stages of land acquisition, the issue of pre-possession acquisition, and the criteria for calculating prices and damages. The fourth section focuses on the rights of property owners in relation to land acquisition by municipalities and the methods by which municipalities can secure these rights, concluding with a summary and recommendations. | ||