The Return Of The Illegally Taken Off Real Estate Property And Compensation For Its Value And Benefits – a comparative Study.


The constitutions and laws guaranteed the right of the owner of the real estate. However, this property can be taken off for reasons of public interest. This should be done in accordance with the legal stipulations and with just compensation. Sometimes for political reasons, the constitutional and legal stipulations are not fulfilled, this is considered illegal . Therefor other legislations, as the case in Iraq after 2003, give the owner the right to return his illegally taken off real estate property through special courts. The owner can return his property in kind if possible or get compensations otherwise. He has the right to be compensated for the benefits of the real estate during that period. This is the subject matter of this short comparative research.