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Act Of 1974, The Law Of Eminent Domain.

Original Language Title: القانون 20 لعام 1974 قانون الاستملاك

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Law No. 20 of 1974, the Law of the Stamak


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Act No. 20 of 1974
Date-birth: 1974-04-20 History-Hjri: 1349-03-28
Published as: 1974-04-20
Section: A law.

Information on this Act:
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Law No. 20 of 1974
The law of amuscan.

President

Based on the Constitution

As approved by the People's Assembly at its ongoing session, 30-3-1974

The following are issued:

Article 1 The expressions in this Law shall mean the meanings set forth by them in the following:

The administrative body. The municipality or the administrative unit.

-The council. Municipal council in the municipality or executive office in the administrative unit.

-Head of the administrative. The mayor or the head of the executive office in the administrative unit.

Chapter I

Conditions in which you may be consulted

Article 2 Ministries, departments, public institutions, administrative bodies and the public sector may have the property shown and not shown, whether they belong to an exchange or a king, or are truly burdened by a moratorium, in order to implement their public benefit projects provided for in this law.

-Article 3. Projects for public benefit are intended for all of the following actions:

a. Open new roads and expand existing roads or their calendars and facilities, and establish squares, stadiums, markets, parks, lakes and watercourses.

b. Establishment of houses of worship, military barracks, lighthouses, ports, railways, stations, hospitals, clinics, health centres, schools, institutes, universities, massacres, orphanages, shelters and buildings for cultural centres and buildings for popular organizations and clubs Sports and in general all buildings and constructions that specialize in public works or public goods.

c. Agribusiness, agricultural facilities, irrigation and drinking projects and dams.

d. Oil, electricity, mineral wealth and industrial projects.

e. Establishment of shelters, trenches, ports and projects required by security and defence requirements.

f. Tourism construction, construction and projects related to the implementation of planned development and investment plans.

Article 4 Administrative and/or competent administrative bodies may, in accordance with the provisions set out in chapter VIII, form the real estate provided for in article II of this Law for planning and zoning to be allocated for construction in order to create or sell public housing. For those wishing to set up those dwellings.

-Article 5.

1. The administrative entity may hold property or parts of real estate that are not suitable for construction under the established construction system, or for other technical reasons such as space or engineering in order to merge, consolidate (or secretion) In a way it becomes able to build under window systems and technical considerations.

2. The recourse provided for in the preceding paragraph may be resorted to only if the owners of the relationship cannot agree to consolidate, merge or produce their real estate in a form with which it is capable of being built, and the discretion of the author belongs to the author. The agreement cannot be determined by a record organized by the administrative entity for this purpose after the invitation of the owners of the relationship, and this protocol shall be based on your request.

3. The administrative entity shall sell real estate or parts of real estate in accordance with this article in the manner of public bidding between its owners and add to the value on which the auction is anchored. 15 % In favor of the administrative side for administrative expenses, and if the selling of the auction is not reported to be sold in lieu of auction, in accordance with the provisions of the Legislative Decree no. 228 A year. 1969 .

Article 6

a. The administrative entity is entitled when it applies the application to implement the purposes listed in the paragraph a Article III is to hold, except for the implementation of the project from real estate and real estate parts to a depth of 40 metres from each party or from one Party as required by its interest. These additional sections shall be deemed to be of public benefit, and the administrative entity shall act with the owner's behaviour. With his own, including the sale.

b. Does not apply the above-mentioned additional sections to the management by the administrative bodies for the purposes mentioned in the paragraph a of Article III of this Law in the municipalities of the third and fourth grades.

Chapter II

The procedures for your disposal.

-Article 7. The order is made by decree issued on the proposal of the competent minister, which includes the statement of public benefit. The Decree of the Order is based on the following:

1. A chart showing real estate and real estate parts to be used.

2. A statement containing the estimated value of those properties.

3. The opinion of the addressee within its administrative boundary or the opinion of the Executive Office of the United Nations Regional Office for the Preservation of the Relationship beyond the above-mentioned limits.

The order of the complainant is not acceptable to any method of appeal or review.

-Article 8. The decree is published in the official gazette, in one of the local newspapers, and when it does not exist in one of the capital's newspapers.

-Article 9.

a. The owner shall report to the administrative body and the competent real estate authorities a picture of the reference in the real estate sheets that are subject to the application and shall apply to those who are transferred to the property by the property of the property, which has been applied to the former owner.

b. To refrain from the administrative and real estate from the date of the date of the receipt of the form of credit for the approval of the production or the integration of real estate or the authorization of construction in the property, which shall not be referred to the owners from the date of the reference to change its milestones and shall no longer be used in the account of the allowance. To be replaced by any change in the description of the property owned.

-Article 10. With the violation of the Agrarian Reform Law, if the Bank is signed in unspecified and liberated areas, and without compliance with the provision of article XIV of the Legislative Decree no. 145 A year. 1966 To identify and edit the areas covered by the Bank, according to the Ministry of Agriculture and agrarian reform, based on the proposal of the General Directorate for Real Estate Interests.

The failure to begin operations to identify and edit the areas of the property without placing a hand on them after describing their current status and estimation of their rudimentary value is not prevented by the Primitive Estimating Commission.

Article 11. If a property is part of a property and the rest of it is not usable, then the owner has to use it if the owner requests it within three years of the date of placing its hand on the occupied part, and the council or the owner decides in the areas where there is no council. Not valid for utilization.

In this case, there is no need for a decree to be issued to the attention of the part mentioned and the decision of the Council or the entity in question shall be issued in all circumstances.

Chapter III

Estimating Primitive Value and Interceptors

Article 12.

1. The Committee of the King is formed by a decision of a primitive committee to estimate the value of a property owned by three members, one of whom is an engineer.

2. The decisions of the Commission shall be valid only if they are taken in the presence of all its members and the majority may be issued.

3. A member of the Commission who has no property rights holder shall not have a relationship of close or any relationship to which the provisions of the article apply 174 From the Code of Trial Assets.

-Article 13. The Commission should appreciate the value of real estate on the basis of its value prior to the date of the masturbation decree and if it falls from the account every rise in prices as a result of the scheme or commercial speculation, if such an increase in value is not justified by a similar rise in the adjacent areas.

Article 14.

1. The property of the property is estimated on the basis of the value of the land, construction and other construction.

2. If the owner chooses to demolish the construction and execute during the period to which the property is determined by the owner, he or she shall take the debris in exchange for it.

If the tasks are not carried out within the said period, the construction and rubble of the building will be demolished by the owner of the building.

3. If the owner does not choose, within the period fixed by the owner of the building, the demolition shall be carried out by the owner of the building, which shall be demolished and taken by the owner of the building.

-Article 15.

1. If the property belongs to a tree, the value of the trees is estimated on the basis of the value of the land and trees and the value of the trees by type, age and production is estimated by a primitive committee, one of whose members is an expert on agriculture matters.

2. As for the fruits and fruits of the trees, they are valued at the date of their destruction by a special committee formed for this purpose. One of its members is an expert in matters of agriculture and its estimation is concluded.

3. If the use of agricultural land includes the rights of the farmer or the farmer by participating or in the allowance, the contract shall be considered to be complete between the parties, in whole or in part, in accordance with the coverage of all or the part of the land, and shall be paid to the owner of the land for which the owner of the land is entitled, depending on the allowance, for the prescribed compensation. have to in the Agricultural Relations Act due to the termination of the contract.

-Article 16. At the request of the property owners, the real estate shall be regulated by a list of the owners of the real estate owners and the owners of the rights registered to their owners and the amount of their share, with the statement of their spaces, the legal types, and the rights in kind and in the rest of these properties.

Article - 17.

1. The owner shall communicate to the owners and to the owners the estimated values of their property and property rights, including the compensation of the trees, and at the same time declare in the lobby of the owner and in the area where the property is being taken and in a local newspaper, if any, and in the event that it does not exist in the area of the property. One of the capital newspapers-the end of the primitive estimation work and a public invitation to all owners and owners of the benefit to come to the place designated by the owner to be acquainted with the press and the scheme and to control the estimate, and offers such acts within fifteen days, and this announcement is based on reporting to whom. Unable to communicate to them, everyone is unknown to the residence of the designated source or resident outside the borders of the city where they are being located. The complainant, or one of the heirs of a deceased estate owner, did not conduct the accounting of the legal inheritance and the treatment of the transition in the real estate.

2. All persons mentioned in the preceding paragraph shall be entitled to submit within thirty days of the day following the date of publication of the declaration or reporting referred to in the paragraph.

-Objection to the primal estimate with the designation of the chosen home within the boundaries of the administrative entity. The estimated values that are not contested within the time limit established in this period are concluded and the objection of one of the partners in the property is considered to be the objection of the other partners.

b. Their claim to the property or any other rights represented on one or more properties of the property area by an independent application to be deposited by the Committee to resolve the problem of the problem under the article 18 .

Chapter IV

Committee to resolve differences

-Article 18. The property of the property of a committee with jurisdiction over all allegations of property or in kind disputes over real estate in the area of property, and referred to it by all similar cases relating to the area, shall be brought before the courts, which are pending before the courts, which are not decided by a judgement.

Article - 19.

1. At the request of the applicant, when there are disputes within the competence of the Committee to resolve the disputes, the Minister of Justice shall issue a decision to form such a committee as follows:

a. Judge nominated by the Minister of Justice .............. President

b. A representative of the General Directorate of Real Estate Interests from the Leave in Rights campaign designated by the Director General. Member ...

c. A representative of the author of the leave campaign called by its President. Member ...

2. The following members of the Committee shall be sworn in before their Chair:

(I swear to God Almighty, to do my job honestly and honestly and not to do the secrets of the studying.)

-Article 20. The Committee shall have the right to adjudicate claims or disputes submitted or referred to it by all the rights already enjoyed by the competent court in the consideration of the dispute.

Article - 21. The decisions of the Committee are subject to appeal before the Court of Appeal, in accordance with the date and due process, in the appeal of the decisions of the summary judge, and the Appeals Chamber in the Chamber of Appeal to appeal against a decision concluded and remains for the striker, who was not a party to the dispute before the Committee, to be required. The damage to the compensation he has suffered before the ordinary judiciary.

The decisions of the Commission, which were not challenged during the legal date and the decision of the Court of Appeal to any public body, are being implemented in a letter addressed by the Chairman of the Commission to the competent body in the form of the decision following the completion of the fee in the fee and judicial insurance law for the enforcement of sentences Primitive and either written by a President of the Court of Appeal are attached to an image of the decision of the Court after the completion of the legal fees.

-Article 22. The Committee is exempt from the observance of assets and deadlines in the asset laws and may be an arbitrator on the basis of the agreement of the liabilities with or without the authorization of the peace.

The Committee shall decide on disputes submitted to it within four months at most from the date of the decision to form it.

Chapter V

Arbitration rating

-Article 23.

  1. The arbitral commission shall be composed of a decision of the Chairperson of the applicant, as follows:

a. A judge designated by the Minister of Justice President

b. Two experts nominated by the owner of the company ............................. Two members.

c. Two experts representing the objecting .............. Two members.

  1. The two experts are elected by the owners at the invitation of the recipient of the persons who have identified their chosen home for election, and the election is considered to be valid by the majority of the votes of the invitation.
  2. If the owners do not meet the invitation to elect their representatives to the committee, the first judge or the judge of the peace, in the absence of a rudimentary judge, shall appoint the representatives referred to in the list of experts from the Ministry of Justice to be members of the Committee of the Ministry of Justice.
  3. If the representative of the owners or one of the owners of the meeting resigns or fails to attend the meetings, an alternative to the redneck or resigned shall be named by the primitive judge or by the judge of the peace, as the case may be. If the resignation or the default is repeated, the committee will complete its work in the majority, and in case the votes are equal, the president is likely to be.
  4. Require in the Chair and Committee members what is required by a member of the Primitive Estimate Committee under the paragraph 3 From Article 12 It shall not be a member of the arbitral committee who was a member of the Primitive Committee.

-Article 24. The arbitral committee shall meet at the invitation of its President, and after the President shall verify that there is no reason for the members to perform their mission, they shall be sworn in:

(I swear to God Almighty, to do my job honestly and honestly, and not to fail the secrets of the studying.)

It then proceeds to its work by considering the objections of the Primitive Estimate and its decisions are not accepted by means of an appeal or review.

If the meeting of the arbitral committee is not possible for the President or one or more of the experts to be absent, the property may be designated by the competent authority.

-Article 25.

an award shall be made on the basis of the basis of the primal estimation and must be authorized in the final seizure and the values are paid to the owners of the relationship or deposited by the bank in their names within five years of the date of the order of the masturbation.

b. The property owner must pay the property of the property before putting her hand on the property and requesting that it be registered in the real estate register, taking into account the provisions of the rush that is in the urgent capacity.

c. The value of the property held shall be revalued if the property is not paid by the recipient within a maximum of five years from the date of the order of the addressee.

-Article 26. Subject to the provisions of article 25 From this law, the renewal of the decree of credit is not required to be renewed in the following two cases:

1. If the decree is issued to avoid a reversal in the form resulting from the issuance of a judicial judgement, the cancellation of the former rule of procedure has been issued.

2. Change the organizational status of the property owned if such change is carried out in accordance with established regulations and for the purpose of the general benefit contained in this Law.

Article 27.

a. The administrative entity may have access to the account of other public bodies that have the right to use, or to follow up on them, and all of them shall be followed by their request.

b. The Administrative Region shall meet the allowances of the applicant and all that is spent on the part of the applicant for which it has been received.

Chapter VI

Your Angel is in urgent situations.

-Article 28. An urgent adjective may be made available as a matter of urgency in the order in which the request is made and the allocation of appropriations for the implementation of the application shall be made in the following cases:

a. The occurrence of positive disasters for immediate work.

b. Expand or supplement an existing project.

c. Establishment of shelters, trenches, ports and projects required by security and defence requirements.

d. Establishment of popular housing and the creation of suitable building plots for this purpose.

Article 29. In the cases mentioned in the previous article, the owner is entitled to place her hand on real estate not indicated by the light of the publication of the decree, and before estimating the value that if the said real estate contains trees or crops, it would organize an inventory of the inventory records before placing the hand on it to be such an inventory. Basically in the estimation of their value.

As for the real estate listed, the hand may be placed on it after the publication of the decree and the following transactions are carried out:

a. Estimating the value of the property by the Committee provided for in the article 12 .

b. The owner of a committee is an engineer, an expert and a staff member whose mission is to organize a record of building descriptions in the presence of the owner or its representative, and to attach to the record the necessary solar photos or schemes that help to determine the status and form of the construction and must inform the owner in advance of the meeting. To note that his failure to attend on schedule in the reporting book does not make up the work of the Committee.

-Article 30.

a. The property of the property shall be given at least one month to vacate the construction to be demolished and the owner of the property shall carry out the demolition immediately after the expiration of the evacuation period.

b. On the property of the property at least 50 % The value of the primeval estimate at a bank is due to the name of the receivable and is not disbursed until a statement is made to feel the evacuation of the property.

b. The applicant shall have to pay the allowance of the allowance in cases of urgent submission within a maximum of one year of the date of hand-laying.

Chapter VII

Payment of value and registration in real estate

Article 31.

a. The administrative and other departments of the State, the Syrian Railway Corporation, the Directorate General for Civil Aviation and the General Directorate of Ports, for free and for the time one of the empty properties that are used to attach them to public property, shall be deduct a quarter of the land area of this property. Whether it includes the entire property or part of the property.

b. Property of the Syrian Railway Corporation, the Directorate General of Civil Aviation and the General Directorate of Ports in the name of public property (Syrian Railway Corporation, Directorate General for Civil Aviation or Directorate General of Ports) are registered in the name of the General Organization of Syrian Railway As it is.

Article 32.

a. When the credit allowance has been paid to the owners or to the owners of the benefit, or to be deposited in the bank with the names of the persons in the relationship, the property or part of the property is reported to the head of the competent office for the registration of the property or part of the property on behalf of the entity The property or the public property.

b. The vacant real estate from which a section is within the free quarter is in accordance with the provisions of the article 31 The incumbent would organize a list of its figures with the statement of its spaces and the areas of free parts of them deposited with the head of the real estate office, which should immediately register these sections in the name of the public property or the owner of the property, as the case may be.

Article 33. The disposal of the secretariats deposited in the bank after due process and approval by the owner of the bank and the right of owners to be apprehended by the bank after 15 years has elapsed since it is deposited in the bank unless it is returned to the Fund of the applicant unless the statute of limitations is interrupted in accordance with the provisions of the law.

Chapter VIII

The housing for the purposes of housing.

Article 34.

  • Administrative bodies or public bodies supervising or competent for housing in case of housing purposes in accordance with article 4 of this Law shall be allowed to pay the value of the property owned by the construction free of construction, divided for a maximum of five years under bonds. A guaranteed financial benefit of a simple amount. 5 % Annually exempted from taxes, installments are approved and determined by decision of the Executive Office in the county at the request of the receiving entity and the delivery of the bonds to the owner in this manner shall act as the payment provided for in this law.
  • The decree determines how the bonds are issued, traded, extinguished, mortgpending, and subject to payment of debts of the administrative entity.
  • If the property of any eligible recipient is not identified, it is initially calculated by the operator and the final support is corrected according to the final benefits after the space is identified by the space circuits.
  • Excluded from the ruling of the installment of the property, which does not exceed the final value of fifteen thousand Syrian pounds.
  • The Minister of Local Administration issues organizational decisions in which the public housing specifications and those entitled to benefit from the contractors and residences are entitled to sell them, to pay their value and their obligations to the property owner and to transfer their ownership to the buyers. These decisions take into account the priority of the owners. The property that is owned in a benefit is divided, or dwelling or more according to the amount of their need, and then the priority of the cooperative housing associations.

Chapter IX

General and final provisions

Article 35.

1. If, in fact, a real estate property is owned and allocated to that effect, it continues to be a public property of the property of the State, which is considered to be private property of the State, and is registered in the registration of the real estate registry on behalf of the designated public authority based on the decision of the entity that may have been registered. The property or real estate has been owned by the public, and the entity is entitled to dispose of these properties with all the faces of the act.

2. If the property held for which the general benefit is still an agricultural land is originally agricultural land and when the decision of the applicant is issued in accordance with the first paragraph of this article indicates that it is still an agricultural land suitable for investment, its former owners who They were given priority in buying them if they accepted the price set by the recipient.

Article 36.

1. In the areas of use of the present law, the results of which are not recorded in the real estate register and the initial conjecture in which they are not registered may be declared to the owners to submit their claims to owners or any other rights in kind to one or more properties of the area of the use of the property. The owner.

2. The Declaration and the submission of claims shall be made and decided upon by the Committee to resolve differences in accordance with the provisions of the articles: 17 - 18 - 19 - 20 - 21 - 22 . This is the law.

-Article 37. The parties mentioned in Articles II and IV of this Law are entitled to speak up to the property rights that may be used for the execution of their projects.

Article - 38. The employees of the committees provided for in this law shall be awarded compensation to be determined by a regulatory continent issued by the competent minister. These compensations are excluded from the provisions of the Legislative Decree no. 167 A year. 1963 The amendments shall be made if the work is carried out during the tasks specified for completion in this Law and an act of the appropriation of the investment projects.

Article - 39. The owner shall bear all the expenses of the property, including the compensation of the evacuation and the destruction of the crops and fruits.

-Article 40. The status of the credit signal is exempt from the real estate sheets, as well as all registration in the real estate register arising from the application of the provisions of this law and the work of identification and editing of expenses, fees and real and technical costs.

Article - 41. The Rule of Article 31 From this law on what was taken from real estate for the benefit of the Syrian Railway Corporation prior to the operation of this law, the aforementioned institution is exempted from paying the value of the free quarter for this property.

-Article 42. The Minister of Justice may, on the proposal of the applicant, assign one or more judges to the work of the dispute resolution committees and the arbitral commissions.

Article - 43. The law is repealed. 272 Year 1946 His amendments and Legislative Decree no. 40 A year. 1950 All provisions in contravention of this Act shall be repealed.

Article - 44. Provisions remain Law no. 18 A year. 1971 In effect.

Article - 45. This law is published in the Official Journal.

Damascus at: 28-3-1349 A.H. 204-14974

The President of the Republic.

Hafez al-Assad


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