نوع مقاله : پژوهشی
نویسنده
استادیار، گروه حقوق، دانشگاه بینالمللی امام رضا علیهالسلام، مشهد، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Natural resource lands, defined as lands with natural vegetation that have remained in their natural state, were nationalized and classified as public property through the Law on Nationalization of Forests on January 17, 1963 (27 Dey 1341). Lands that had been revived prior to the enactment of this law were exempted from this nationalization decree and termed "exceptions." However, disagreement persists regarding the accepted date of revival for natural resource lands, with some authorities, relying on the Guardian Council's theory and advisory opinions, considering the date announced by the government on March 7, 1987 (16 Esfand 1365) as the criterion. Furthermore, secondary exceptions - those exempted from the nationalization decree without direct revival but by virtue of their connection to revived exceptions - are often overlooked in judicial practice and official expert opinions. Jurisprudential and legal studies on these two issues have led to the following findings: the accepted revival date for principal exceptions (including rural houses and facilities, agricultural lands, and orchards) is March 7, 1987 (16 Esfand 1365); and secondary exceptions also possess jurisprudential and legal foundation and should be considered alongside principal exceptions. Secondary exceptions fall into two categories: intermediate lands and peripheral lands (protective perimeter). This means that the revival of one portion of a land parcel necessitates the revival of another portion. Additionally, peripheral lands and protective perimeters required for revived lands - such as courtyards in cases of individual ownership and village pastures in cases of collective ownership - are placed at the disposal of the owner(s) following the revival of the main land. Finally, the easement rights of those who revived national natural resource lands remain valid.
کلیدواژهها [English]
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