Examination of the Foundations of the State’s Authority in Expropriating Land and Real Property and the Method of Compensating Damages

Abstract

The concept, authority, and subject matter of compulsory acquisition in the legal systems of Iran and England exhibit substantial similarities, with no significant legal divergence. Although the two legal systems employ different terminologies and doctrinal vocabularies, their underlying legal concepts and the nature of the relevant legal regimes remain analogous. With respect to the authority responsible for compulsory acquisition in English law, a broad approach is adopted that even includes private bodies performing public functions, such as public-sector contractors or certain professional associations and nongovernmental organizations with a private nature that nevertheless undertake public responsibilities. In contrast, in Iran, the authority and organization empowered to undertake compulsory acquisition are limited to executive bodies, which are predominantly subordinate to the executive branch. Regarding the statutory process of compulsory acquisition, the procedure in England includes the issuance of a compulsory purchase order, notification and publication, confirmation of the compulsory purchase order, and ultimately the acquisition of the land. However, in Iranian law, the process consists of the existence of an approved development plan, the securing of financial resources, and the formal announcement of the plan through public notice and service upon the owner, followed by registration formalities. Based on the sources and documentary evidence presented, this study employs a descriptive-analytical method, and data collection has been conducted through library research. The present article seeks to answer the central question of what differences exist between the legal systems of Iran and England regarding the authority and procedure of compulsory acquisition. In England, the process involves the issuance of a compulsory purchase order, notification and publication, and confirmation of the order. In contrast, in Iran, the process requires an approved plan, the securing of financial credit, and the formal announcement of the plan through public notice, service upon the owner, and registration procedures. Under the Iranian legal system, the initiation of expropriation measures depends on the existence of an approved plan, the availability of financial resources, the necessity of implementing the plan, and its formal announcement. Unlike English law, however, citizens in Iran do not participate in the approval process or in determining the content of such plans, and no pre-approval objection mechanism has been provided for challenging the plan before its final adoption.