The Eminent Domain in Order to Private Use

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Rahpeik Hasan; Rostami Hamidreza

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Journal: CULMINATION OF LOW Year:2018 | Volume:1 | Issue:1 Page(s): 126-153

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Information Journal Paper

Title

The Eminent Domain in Order to Private Use

Author(s)

Rahpeik Hasan | Rostami Hamidreza | Issue Writer Certificate

Keywords

private propertyQ1

eminent domainQ2

private useQ1

public interestQ1

Abstract

private property developments have not been able to completely alter the rights inherent in private property, but private ownership has been subject to Limitations. One example of these limitations, which has been neglected in legal researches, is the issue of eminent domain by the State for private use rather than public use. The question is essentially whether there is a possibility of eminent domain for private use. The eminent domain by the state for private use, contrary to the eminent domain in public use, is not easily acceptable and may face challenges, since the public interest in the private use hardly imaginable. However, after a careful examination of the eminent domain for private use, to be clear that the limitation of property is a public interest, the challenge is moderated and, as a result, is acceptable in our legal system. The present research, while accepting the possibility of eminent domain by the State for private use, explains the terms and effects of this type of limitation of property, and recommends that the legislature, in addition to proposing some amendments to the rules, prescribed eminent domain by State to consider these rules.

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APA: Copy

Rahpeik, Hasan, & Rostami, Hamidreza. (2018). The Eminent Domain in Order to Private Use. CULMINATION OF LOW, 1(1 ), 126-153. SID. https://sid.ir/paper/158049/en

Vancouver: Copy

Rahpeik Hasan, Rostami Hamidreza. The Eminent Domain in Order to Private Use. CULMINATION OF LOW[Internet]. 2018;1(1 ):126-153. Available from: https://sid.ir/paper/158049/en

IEEE: Copy

Hasan Rahpeik, and Hamidreza Rostami, “The Eminent Domain in Order to Private Use,” CULMINATION OF LOW, vol. 1, no. 1 , pp. 126–153, 2018, [Online]. Available: https://sid.ir/paper/158049/en

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