Criteria for Identifying Reclaimed Lands and the Boundaries of Endowments in Rangelands and Forests

Abstract

According to the ownership regulations that governed the country in the past and prior to the enactment of property limitation laws, such as the nationalization regulations of forests and rangelands, the acquisition of forest and rangeland lands, especially within the vicinity of settlements and villages, was possible based on jurisprudential, customary, and legal provisions. Some landowners also endowed their properties and lands, which were later affected by the enactment of nationalization regulations. Following the adoption of the Single Article Law on the Annulment of Sale Deeds in 1984 and its amendment in 1992, the most recent legislative intent is reflected in the supplementary Note 6, enacted in 2001, which stipulates that lands reclaimed before March 7, 1987, and the boundaries of endowments are exempt from nationalization regulations. Therefore, considering jurisprudential and legal provisions, any lands that have been declared national lands but exhibit evidence of ownership-based occupation and customary reclamation, according to the type of land use, as well as non-reclaimed lands that are considered as part of the boundaries of endowments, remain under the ownership of the endowments and are not subject to nationalization regulations. However, regarding the extent and criteria for their determination, aside from the instances specified in Articles 137 and 138 of the Civil Code, which outline the extent of protected areas for cases such as wells, springs, and qanats, there is no further reference in legal statutes. Thus, considering Articles 136 and 139 of the Civil Code, along with other relevant regulations, as well as jurisprudential and customary rules, the registered boundaries established for lands can serve as an appropriate criterion for identifying the extent of reclaimed lands and the boundaries of endowments.