Provisions of civil liability resulting from encroachment on state lands - the Kurdistan Region of Iraq as a model
Journal of college of Law for Legal and Political Sciences,
2022, Volume 11, Issue issue 40 part 2, Pages 66-91
AbstractThere are many cases of construction on state lands, and the construction of these buildings entails deducting large areas of state lands, and there is no doubt that these works are considered one of the most important reasons that led to the deterioration and sabotage of the state’s infrastructure. In addition, these actions cause delays in the implementation of planned state service projects or prevent their implementation. What is happening in Iraq in general and the Kurdistan Region in particular, the seizure of state property and the commons and the resulting appropriation of large areas of state lands and the phenomenon of illegal construction on them, which is constantly increasing, threatening to swallow large parts of state lands, so it is from a legal point of view The Iraqi legislator originally prohibited encroachment on state lands, and obligated the competent authorities to remove it, and considered the act of transgression to be a legal violation and conferred upon it a penal element. The study identified the most important measures taken to limit illegal construction on state lands contained in Law No. (3) of 2018 (the Law to Prevent and Eliminate Encroachment on State Lands in the Kurdistan Region - Iraq) and some comparative laws, in order to prevent the phenomenon of abuse and to stand firmly to limit From this negative phenomenon.
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