Expropriation of Land and Property by the Government

Abstract

This paper aims to examine the concept and characteristics of ownership and the privileges that an owner possesses concerning their property while also identifying the limitations imposed on ownership in relation to social rights and public order. While emphasizing individuals' proprietary rights over their possessions and the necessity of respecting them, this study addresses the conflict between the rights of land and property owners and the implementation of governmental and municipal development projects. It specifically focuses on land use regulations, the process of purchasing and expropriating such properties, and the legal rights arising from these transactions, all analyzed through the lens of existing legislation and judicial rulings. The article also explores the implications of urban planning projects, which impose obligations on the government and municipalities regarding project execution, naturally leading to necessary actions and formal procedures for the expropriation of properties within such plans. The central concern of this study is the legal rights conferred upon property owners when their lands are designated for public, developmental, or military projects, the limitations on the government’s authority in executing such plans, and the necessity for adherence to legal obligations governing expropriation. Moreover, it underscores the sanctity of ownership, emphasizing that an individual's property holds the same inviolability as their personal dignity.