The Change of the of the Real Estate Status in the Acquisition Law - A Comparative Study

Abstract

Due to establishing public benefit projects, some real estates change positively or negatively in terms of improving their value. In these cases, although the real estate owners did not do anything against the law, the legislator obligates them to pay for the improvement of their real estate, whether the improvement included the part of the property remaining after the acquisition of a part of the property or in return for improving real estate that was not affected by the acquisition. Moreover, legislator requires to compensate the previous owner for damages that befall his property as a result of working on public benefit projects. The legislator determines one year for the fall of the compensation claim. One of the important results of the current study is that the legal basis for obligating owner of the exchange for improvement is the rule of fines for sheep. The source of this commitment is the law. However, legal adaptation to oblige the owners of real estate that has improved, whether part of it has been acquired or that has improved without acquisition, as a royalty and not a fee as the legislator called it. In this study, we presented a number of suggestions and recommendations to the Iraqi legislator to amend Act (41,38,37) regarding the exchange of improvement. We have also recommended the amendment of Act (52) concerning the dropping which we suggested that it starts from the date of completing the project.