Professional Documents
Culture Documents
: Land
Dr. Eng. Shireen Y. Ismael
5th lecture
Land expropriation
Overview:
What do we mean by land expropriation?
Land expropriation types
Land expropriation in the context of Iraqi and KR laws
1- Land Acquisition
2- Extinguishing the Right to Dispose in Agricultural
Land (Ending the right to dispose)
3- Land Grabbing
Land Acquisition: Refers to the acquisition of privately owned land by an
individual (owner) or any public entity in return of a fair compensation under the
law.
Consensual/Agreement Acquisition
Article 4 Article 5
First: After having agreed on the
Directorates and social and joint sectors agreement acquisition, the holder shall
which have the right to possess property request the Estimation Commission to
can agree with the property owner or define the compensation according to the
the land owner to possess the property rules of this law. The holder shall inform
by agreement either in kind or in cash the Land Registry Office to issue a note
depending on the price estimated by the prohibiting trading of the property.
commission established according to this Second: The Chair of the Estimation
law. If the property is a public property, Commission shall inform the holder, the
all partners shall approve this. property owner, and the Land Registry
Office of the Commission decision as soon
it is issued.
Land Acquisition can be classified to the following:
Juridical Acquisition
Article 9
This article has been cancelled under Item • This kind done through
3 from Acquisition Law Amendment Law
No. 12, year 1981, number 6 issued at
judgment and the
January, 1, 1998, and replaced by the compensation will be
following text: determined.
in order to implement their projects and
achieve their goals, government
departments and social and common
sectors which have the right to legally
possess a property can request to possess
any property, part of it, or its relevant
original property rights, according to the
rules of this law..
Law of Acquisition
No. 12 of 1981
Administrative Acquisition
Article 22
This article was canceled under Article 4 of
the Acquisition Law Amendment Law No.
12 of 1981, number 6, issued on January
1, 1998, and replaced by the following text:
If the property or the real estate right
requested for acquisition is owned by
government departments or the social or Duhok city center master plan
common sectors (except entailed
properties, the property shall be possessed
administratively and the compensation is
determined by the parties' agreement.
Acquisition Law No. 12 of 1981
Compensation
Chapter One
Real Compensation
Article 29
Article 30
First: If the property requested for acquisition is
First: The Estimation Commission shall evaluate the
land or an orchard, the holder can, in consultation
value of the two properties or other real right in rem
with the Ministry of Finance or the Ministry of
requested for acquisition as of the date of inspection
Agriculture & Agriculture Reform, compensate the
and estimation. The difference between the two
property owner for the land or orchard at the same
values, if any, shall be offset by money payment.
value of the Administrative Unit of the land or
Second: The property owner can make installment
orchard requested for acquisition. With property
payments for the rest of the difference in an amount
owner agreement, the holder can compensate
up to 5 annual payments; in this case the exchange
him/her with land or orchard outside the
procedures should be registered in the Land Registry
Administrative Unit boundaries.
Office provided that the compensating property shall
Second: If the property requested for acquisition is
be charged with the privilege of the holder until all
not land or an orchard, the holder can, by agreement
installment payments have been made.
with the property owner, offer him/her a property or
other real estate as compensation for the property
requested for acquisition.
Compensation in case of acquisition
• The Iraqi Acquisition Law of 1981 in
Article (29) states the types of
compensations that given to the
owner in the case of an acquisition as
the following:
• 1- Property compensation, the owner
take a land in exchange of land (land
value) that has been acquired.
(land –Land) compensation, this type is
mostly applied by the municipality
First: The value of the land is estimated by Compensating Orchards & Planted
dunum (unit of measurement) and with the prices of Article 32
1973 by referring to the selling procedures of the Land
Registry Office as a basis to fairly compensate as
First: The value of trees planted on the land
follows: is estimated in the same way mentioned in
A. If the land is an absolute property and has been Article 31 of this law as it is considered an
transferred to the property owner in or before 1973, the orchard. The utilities are estimated according
compensation is determined according to the prices of to the rules mentioned in Article 33 of this
1973, adding 4% amount for each year till the date of law.
inspection and estimation. The compensation should
not exceed the prevailing price. And part of the year Second: The value of trees is estimated
considered as a year, if it is more than six months. according to the prevailing prices in the area
B. If the land is transferred to the property owner after as of the date of inspection and estimation
1973, the compensation is determined according to the taking into consideration the tree species, its
price registered in the property record adding to it the age and whether it is fruitful or not and other
percentage mentioned in Item A / First and the known qualifications.
prevailing price during the inspection and estimation.
LAND LAWS
Property Compensation
Article 33
The values of residential, industrial, commercial properties and land for
constructing buildings are estimated according to the prevailing prices during
inspection and estimation regardless of their value after implementing the
project according to the following rules:
First: Taking into account the location of the property, its level of construction,
area, assets, type of construction materials and its income are considered when
estimating the compensation.
Second: The property value estimated by the Land Registry Office and the
values of neighboring or equivalent properties, or their selling prices, or their
annual lease whether actual lease, or property tax estimated lease could be
referred to when estimating.
Third: The value of land and the value of buildings and other utilities and
property (if any) are estimated separately.
Fourth: The estimation is by the cubic meter or by the standard measurement
unit. The Estimation Commission can estimate by a previous decision the
compensation as a whole or by any other normally accepted method as an
estimate to get the fair compensation.
Article 34
First: If the property requested for acquisition is a temple,
religious institute or a graveyard, the estimation amount
should be equal to the land value added to the
construction value of utilities. These utilities could be
compensated also by building equivalent ones by the
holder in a location approved by the property owner. If the
property owner does not agree, the Head of Administrative
Unit where the property is located shall identify the
appropriate location.
Chapter Two
Loss due to Acquisition
Article 51
If implementing the project results in damage to the property which has not
been taken, the property owner may request compensation for said
damage.
Article 52
The compensation case is prosecuted according to Articles 50 & 51 in the
Court of Property First Instance within one year as of the date of starting
project implementation. The request for compensation is cancelled if no
claim is made by the end of one-year period and the Court must reject the
case.
Article 53
If the implementation of project on land not acquired by the government
leads to a change in the property’s use, the property owner cannot request
compensation. The easements which are imposed by a public utility do not
entitle the property owner to compensation. However, if these easements
lead to a change in the situation of easing or to the eased properties which
results in damage, then the property owner shall be compensated
according to Article 51 of this Law.
The excution of the Solav bridge project results in damage to the property which has not
been taken, Hotels, shops, offices,,,