Act Of 1974, The Law Of Eminent Domain.

Original Language Title: القانون 20 لعام 1974 قانون الاستملاك

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Act of 1974 Law of eminent domain of the President of the Republic based on the Constitution and approved by the NPC at its meeting on 30-3-1983 issue: article 1 – terminology means this code meanings beside her are as follows:-the administrative authority – municipal or administrative unit.

-The Council-Municipal Council in the municipality or Executive Office in the administrative unit.

-Head of the administrative body – the mayor or Chief Executive Officer in the administrative unit.

Chapter one case in which eminent domain article – 2 – permissible for ministries, departments and public institutions, administrative bodies and public sector actors to take ownership of the properties listed and non-listed whether purely property or property of stay, or burdened by the right and stand to implement the projects of common interest provided for in this law.

Article 3-public works projects intended to everything related to the following activities: a-open new roads and expanding existing roads or straightened and its installations and create squares, playgrounds, markets, parks and lakes and streams.

B-establishment of places of worship and military barracks and lighthouses and harbors, rail stations, hospitals, dispensaries, health centres, schools, colleges and universities, abattoirs, orphanages and shelters for the elderly, cultural centres and buildings for grassroots organizations, sports clubs and in general all buildings and installations allocated to public works or utilities.

C-business and agricultural facilities, irrigation, drinking and dams.

D-oil and electricity projects and mineral wealth and industrial areas.

-Establishment of shelters, trenches and ports and projects that security and defence.

-Tourist, construction and projects related to the implementation of the planned development and investment plans assets.

Article IV – administrative authorities may and housing providers or competent in accordance with the provisions of Chapter VIII appropriating property set out in article 2 of this law, planning and zoning in order to create a building intended for plots of public housing on them or sell them for those wanting to create such housing.

Article – 5 – 1 the administrative authority may take ownership of real estate or parts of real estate that are unfit for construction under construction system in force, or for technical reasons such as size or geometry to combined or consolidated (or secretion) becomes applicable for construction under the regulations in force and technical considerations.

2-it is not permissible to resort to eminent domain stipulated in the preceding paragraph only if stakeholders agreement on unifying their estates or merged or fallopian tubes are to be applicable for construction, due to estimate the expropriated. And proves unable to agree under organized administrative record for this purpose after inviting our stakeholders, this record is a document for eminent domain.

3. on the administrative side to sell real estate or parts of properties expropriated according to this article in a way that public bidding between owners and added to the value that a bid by dock 15% for the administrative authority to meet administrative expenses and sales if you dock it bid to acquisitiveness allowance sale public bidding in accordance with the provisions of Legislative Decree No 228 of 1969.

Article vi – a – administrative authority is entitled to when you apply eminent domain for the purposes mentioned in paragraph a of article III to take ownership except as necessary to carry out the project of real estate and real estate parts up to 40 meters depth of each party or ex parte as required by their interest and considered appropriating additional sections of public works and acting the administrative authority acted owner Queen including sale.

B does not apply the aforementioned additional sections on acquisitions acquisition by the administrative authorities pursuant to the purposes mentioned in paragraph a of article 3 of this law in the municipalities of third and fourth degree.

Chapter II procedures for eminent domain article – 7 – acquisition by decree upon proposal of the competent Minister, includes a statement about a public benefit. Eminent domain Decree is based on the following: 1. the chart shows real estate and real estate segments to its possession.

2. statement includes the estimated value of those properties.

3. the view that eminent domain within its administrative borders, or the opinion of the Executive Office of the relevant province over the border.

Be totally acquisitiveness Decree does not accept any of the remedies or review.

Article VIII – published decree of eminent domain in the Official Gazette and in a local newspaper, and when not in one of the capital city.

Article-9-a-party expropriated informed picture of the Decree of expropriation to the competent administrative and real estate departments to put the reference in fact sheets real estate is subject to eminent domain and applies the moves to her property legal procedures applied to the previous owner.

B-the administrative side and refrain from real services from the date of expropriation Decree approved pictures communicate excretion or merge real estate or construction license in property expropriated as refrains on the Malki of the reference date change sights, you used then in calculating Gallery acquisition of any change in the expropriated property descriptions.

Article 10 – with counting the breach of the Agrarian Reform Act, if eminent domain in unspecified areas and an editor, and without complying with the provision of article 14 of Legislative Decree No 145, 1966 select and edit the spaces covered by eminent domain only as assets and abbreviated procedures specified by the Minister of agriculture and agrarian reform at the suggestion of the General Directorate of real estate interests.

And don't start no converts in the processes of selecting and editing areas are expropriated without seizing after describing present condition and valued by primitive Neanderthal Commission.

Article – 11 – if eminent domain part of the property and the remainder of it was unusable, use the expropriated to possess him the owner if requested to do so within three years from the date of laying her hand on the Board decided the owned or expropriated in areas where there is no Board that is not valid for its use.

There is no need in this case to the issuance of a decree appropriating part and the decision of the Board or the total expropriated thereon in all circumstances.

Chapter III the primitive value and veto material – 12 – 1 – Although Commission decision of primitive Committee concluded to estimate the value of expropriated property of three members one of whom is an engineer.

2. don't shout Commission decisions only if taken in the presence of all the members of the majority may be issued.

3. it shall not be a member of any of the rights owners in properties expropriated some relationship or connection fall under the provisions of article 174 of the code of procedure.

Article 13 – the Committee to assess property values based on its value prior to the date of the Decree immediately acquisitiveness and fall from every account in prices as a result of the acquisition project or trade speculation if this height value is not justified by a similar rise in the surrounding areas.

Material – 14 – 1 – the owned property is assessed based on the value of land, construction and other construction.

2. If the owner chooses to demolish the building and during the duration that you specify has expropriated side, take the debris.

If during said period performs tasks, by the expropriated party construction and demolition took its ruins.

3. If the owner chooses, within the period specified by him the demolition, although those who torn down and took its ruins.

Material – 15 – 1-if the owned wooded land property is based on the value of the land and the trees and the trees are valued by type, age, and produced by one of its members is primitive Committee experts in law enforcement.

2. the crops and fruit trees valued history destroyed by a Special Committee formed for this purpose be a member in law enforcement experts and be appreciated.

3. If agricultural land acquisition rights entail the farmer or grower or participation allowance, is split between the parties contract wholly or partly as cover for acquisition of all or part of the land and pays to the owner of the right of eminent domain allowance mentioned deserves compensation provided for in the agricultural relations act because of the avoidance of the contract.

Article – 16 – real estate services organized at the request of the expropriated property owners list assessed its possession and registered owners and rights holders the amount of holding all of them with an indication of the size and types of legitimacy and rights in rem walartvaket implications of these properties.

Article 17 1-the expropriated notify owners and the owners of the estimated values merit their estates and their rights expropriated including damages trees and declare at the same time – in the lobby of the expropriated party in the area of acquisition and in a local newspaper that found in absence in one newspapers DC – the end of primitive appreciation and general invitation to all owners and holders entitlement to attend to the place specified by the expropriated party to view the schema file and adjust the estimate, these works are presented within fifteen days after this announcement. The denominator of the notification of denunciation could not, all anonymous residence of Muktar replaces eminent domain, or resident outside the city limits of eminent domain, or one of the heirs of the deceased landlord did an inventory of legal heritage and treatment go in circles.

2. all persons mentioned in the preceding paragraph shall be brought within thirty days from the day following the date of publication of the Declaration or report referred to in the said paragraph.

-Opposition to the primitive appreciation with domicile within the administrative side, estimated values are not contested within the time limit specified in this period concluded, one real estate partners is a trap the rest of the partners.

B-their claim of ownership or other rights to any alleged property or more real estate acquisition area separate request filed disputes Committee communiqué problem under article 18.

Chapter IV Committee resolve differences article – 18 – constitute expropriated the Commission has jurisdiction to hear all disputes or property claims in rem to real estate in the area alastmlaket, and referred to all similar cases, the list of pending before the courts by virtue of the contract.

Article-19-1. at the request of the expropriated party must apply when the existence of disputes within the competence of the Committee to resolve the differences, the Minister of Justice concluded decision to form this Committee as follows: a judge designated by the Minister of Justice............ President b-representative of the General Directorate of real estate interests of Bachelor he calls General Manager.............. A member of c-a representative of the expropriated from its call rights leave campaign........ A member of the Committee member leads-2 following right in front of her boss: (I swear by Almighty God to do my job with honesty and sincerity and not to divulge the secrets of reasons) – 20 – the Commission has to adjudicate claims or disputes submitted or referred to all the rights enjoyed by the competent court originally given in the dispute.

Article – 21 – the Committee decisions are subject to appeal before the Court of appeal maintained according to Mead and assets in appealing decisions of the interim relief judge and the Appeals Court in a room studying an appeal against the decision and keep the victim who was not a party to the dispute before the Commission to ydaei harm compensation which injured before the ordinary courts.

Implement the Commission's decisions are not challenged by legal and Court of appeal decision date to any public body, gamma with a book by the President of the Commission to the competent authority accompanied by image resolution after fulfilling the prescribed fee on the insurance law jurisdiction of primitive sentences or book from the President of the Court of appeal attached to the copy of the Court's decision after fulfilling the legal fees.

Material – 22 – the ICRC shall be exempt from compliance with the assets and time limits established in the laws, and may be an arbitrator upon agreement liabilities with or without the magistrate's authorization.

The Committee should decide disputes submitted to them within four months from the date of the decision.

Chapter v recognition award

Material – 23 – compose the Arbitration Committee decision from the Chairman of the expropriated party concluded as follows: a judge designated by the Minister of Justice......................... President-two to be designated by the expropriated party.............. Two members

C-two are conscientious.................... Two representatives are elected members invite owners of the expropriated persons identified their chosen for their election, the election is considered valid by the majority of voices from the PHP call.

If you don't meet the owners invited to elect their representatives in the arbitral Commission primitive judge or justice of the peace in the absence of a primitive judge appointment of representatives referred to the list of experts established by the Ministry of Justice to be members of the Committee to CBP.

If you quit or leave one owners or representatives attend meetings to nominate substitute redneck or resigned before the judge or magistrate, as the case may be primitive. If the repeat resignation or underdevelopment are its Committee majority, and in case of equality of votes likely next President.

The Chairman and members of the Committee requires requires primitive Commission member under article 12, paragraph 3, it shall not be a member of the Arbitration Committee who was a member of the Committee.

Article 24 – invitation of Arbitration Committee meets her boss, after he checks the President of absence prevents the Member from performing their mission much of happiness right: (I swear by Almighty God to do my job with honesty and sincerity and not to divulge the secrets of reasons) then operating in view of objections contained primitive recognition and resolutions concluded does not accept a path of appeal or review.

If the Arbitration Committee meeting in the absence of the Chairman or one or more of the expropriated party the competent authority holds two label irreplaceable.

Article-25-a-appreciation award in accordance with primitive estimate basis, you must declare it in the final payment being exact values for our stakeholders or deposited by their bank within five years from the date of the expropriation Decree.

B-on the expropriated property value to pay the owned before you put her hand on the property and ask her name registered in the land register taking into account the provisions for the acquisition of urgent character.

C-re-assessing the value of expropriated property if you don't pay the expropriated party during a maximum period of five years from the date of the expropriation Decree.

Material – 26 – taking into account the provisions of article 25 of this law did not require the expropriation Decree renewal in the following cases: 1. If the expropriation decree to avoid reversal in form resulted in a court ruling abolishing eminent domain.

2. change the organizational capacity of the owned property if this change in accordance with the regulations for the purpose of most of the public purposes set forth in this law.

Material – 27 – a – administrative authority may take ownership of the account and other public authorities which have the right of eminent domain, or you can keep them for acquisition operations and it is all on request.

B-meet administrative expenditures and acquisition of all allowances in this way who is eminent domain.

Chapter vi emergency material acquisition – 28 – be expedited status acquisition provided the text on urgency in the Decree of expropriation to implement eminent domain and have it in the following cases: a-positive disasters directly speed works.

B-expand or complement an existing project.

C-create shelters, trenches and ports and projects that security and defence.

D-creating public housing and find valid construction operators for this purpose.

Article 29 – the right expropriated in the cases mentioned in the previous article to put her hand on the estate but described Noor Decree eminent domain valuation before that if real estate listed contain trees or plants, regulating its inventory records before you lay hands on them to be essentially valuing inventory.

Either the properties listed may be seized after the publication of the Decree of expropriation and do the following transactions:-estimate the value of the property by the Committee provided for in article 12.

B constitute the Committee of expert and engineer are expropriated and bogus mission building descriptions in the presence of the owner or his representative, and shall be accompanied by the necessary record photographs or diagrams that help to know the status and form of construction and must inform the owner in advance to attend when organizing the said record and observations that didn't show up on time at the book report is not the last work of the Committee.

Material – 30 – a real estate concern gives out at least a month to evacuate the building torn down, and although the rapporteur to carry out demolitions immediately after expiry of the eviction.

B-on the expropriated deposit at least 50% of the value of appreciation on behalf of the creditor primordial receivable and don't distract him only after highlighting a statement feels to vacate the property.

B-on the expropriated pay sequel in cases of urgent acquisition acquisition allowance during a maximum period of one year from the date of the seizure.

Chapter VII paid value and registration at the land registry material – 31 – a-deduct administrative authorities and other government departments and the public foundation for the Syrian railways and Civil Aviation General Directorate and the General Directorate of ports for free and for once its possession of real estate that is free to append to the public domain a quarter of land of these properties either full acquisition included the property or a part of it.

B-estate expropriated for the public institution for Syrian railways and Civil Aviation General Directorate and the General Directorate of ports in the name of public property (Syrian railways organization or General Civil Aviation Directorate or Directorate General of ports), as the case may be.

Article 32 – – a – when the acquisition gained allowance peremptory class to owners or owners of maturity, or deposited in the Bank with the relevant names although Chamber shall notify the President of the Regional Office of real estate to record the property or part of the name of the property expropriated or public property.

B-real estate Department has expropriated by the free in free quarter borders in accordance with the provisions of article 31, organize the list of numbers indicating the expropriated area and free parts thereof deposited with the tracts prime real estate office which is the Anon to register these sections in the name of the public property or expropriated, as the case may be.

Article 33 – – safety deposit in the Bank acted after the eligible legal transactions and consent of the expropriated party and drops right owners taking possession of the Bank after fifteen years on the deposit so as to be returned to the Fund although unless interrupted prescription according to law.

Chapter VIII acquisition for housing material – 34 – allows administrative authorities or public agencies supervising the housing or competent in case housing acquisition in accordance with article 4 of this Act to pay the expropriated property values dominated in farmland construction divided for up to five years under securities guaranteed by simple interest of 5% per annum tax free and are approved installment and select task undertaken by a decision of the Executive Office in the province at the request of the expropriated party and deliver the bonds For the owner that way station of payment provided for in this law.

The Decree defines the method of bond issuance and circulation and extinguishing, and resolved, mortgages and debts by the administrative authority.

If you cannot select the area expropriated for a receivable is calculated entitlement initially before the recent correction is expropriated attribution according to final benefits after you select the spaces listed by circles.

Although exempted from the rule of real estate installment which final worth no more than fifteen thousand SP.

The Minister of local administration where regulatory decisions housing specifications and of eligible exchanges, houses and staying way sell them and pay the obligations and terms of transfer are expropriated for buyers, in these decisions although Realtors priority entitlement PBX or dwelling or more according to the amount they need, then priority housing cooperatives.

Chapter IX General and final provisions article – 35 – 1. If acquired full ownership property for public benefit and actually allocated to it and then continue as public benefit from expropriated properties, these properties of the private property of the State, being recorded in the land register restrictions in the name of public body expropriated upon decision of which she had acquired full ownership real estate or property for public benefit, the claimant is entitled to dispose of these properties to each object.

2. If the expropriated property that still posted as public benefit originally agricultural land while the resolution shows the disposition of expropriated a sale as mentioned in the first paragraph of this article it is still useable agricultural land investment, former owners who have acquired full ownership of them priority in buying them if they accepted the price determined by the expropriated party.

Material – 36 – 1. in areas of existing acquisition date of this law which didn't register in cadastre and results over primitive, guessing advertising on rights holders to submit their claims to any rights in kind with Royal or other real estate or property alastmalakih to the area expropriated.

2. Declaration and submit allegations and decided by Committee to resolve differences in accordance with the provisions of articles: (17-18-19-20-21-22) of this law.

Material – 37 – entitled to those contained in articles II and IV of this Act to occur on the property easements that may be its possession to execute projects.

Material – 38 – gives employees in the committees provided for in this law of compensation determined by the competent Minister issued regulatory continents except such compensation referred to provisions of Legislative Decree No 167 of 1963, as amended if business was completed during the selected tasks to accomplish in this law and behavior of alastmlaket project approvals.

Material – 39 – bear the expropriated all expenses of acquisition including the evacuation compensation and damage crops and fruits.

Article 40-exempt flag acquisition on fre real estate, as well as all the registrations in the land register arising from application of the provisions of this law and the work of selection and editing of costs and real estate costs and professional fees.

Material – 41 – apply article 31 of this law on its possession of real estate for Syrian railways organization prior to the entry into force of this law and exempt PWC from payment free quarter for these properties.

Material – 42 – the Minister of Justice on the proposal of the expropriated party mandate to carry one or more committees to resolve differences and arbitration commissions.

Article 43 – – cancels the law number 272 1946 and its amendments and Legislative Decree No 40 of 1950 and abrogate all provisions contrary to this law.

Article 44 – – the provisions of the 1971 Act no effect.

Material – 45 – this law shall be published in the Official Gazette.

Damascus: 28-3-1349 (h) l 20-4-1974 President

Hafez Al-Assad