Methods of Observing Individuals’ Property Rights in the Light of the Judgments of the Court of Administrative Justice

Abstract

The conflict between private property rights and the government’s public needs for implementing development and public utility projects is one of the most challenging issues in public law. This article aims to investigate the methods of safeguarding property rights during the government land acquisition process, with a specific emphasis on the judicial procedure of the Court of Administrative Justice. The findings indicate that although the government has the right to expropriate land based on social and legal necessities, this exceptional action is strictly subject to the meticulous observance of legal procedures, including establishing absolute necessity, prior allocation of funds, and the payment of fair market value (compensation) to the owners. The Court of Administrative Justice, as the supreme authority for addressing citizens’ grievances against the state, plays a pivotal role in nullifying the illegal actions of executive bodies. Such actions include uncompensated acquisitions, the imposition of unauthorized land uses, and the prolonged uncertainty of abandoned projects that violate individual rights. The Court’s decisive jurisprudence establishes that public interest must never serve as a justification for violating citizens’ fundamental and legitimate rights, and the comprehensive observance of property rights is an essential prerequisite for the validity of administrative functions.