Necessity of protecting private property against taking it for the purpose of executing general policies (comparative study)

Document Type : Research Paper

Author

Assistant Professor, Law Department, Farabi Campus, University of Tehran, Qum, Iran

Abstract

The State which in principle must be the guardian of the ownership of persons in society, in some cases takes private property for the purpose of executing general policies, challenges the ownership of persons in the name of superior interest, and acts to take the persons' property. Now days, due to expansion of urbanization, this act has since become ever so expanding, and involves important issues in order to reconcile it with the respect for personal Right of Property. In this article, we have briefly attended to the most important issues concerning this legal institution and necessity of protecting of private property. We have concluded that, in short, taking of persons' property for the sole purpose of public good and only after payment of fair compensation is accepted.

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