CIVIL LIABILITY OF STATE FOR EXPROPRIATION OF REAL ESTATES SITUATED IN THE RECONSTRUCTION PLANS (WITH AN EMPHASISE ON COURTS JUDGMENTS)

Among state`s duties are constructing roads, water pipelines and the likes. In order to do these the state sometimes has to utilize private owners`lands. In this case it on the one hand needs for land and on the other hand ownership and right of the people is permanent, absolute and unique. In this research, we seek to investigate two questions: firstly what formalities have been considered by legislator to provide the needed lands? Secondly is there any possibility of civil liability (specially usurpation) for state if these formalities are not be observed? Some researchers have questioned the possibility and/or scope of liability for failure to observe formalities of eminent domain regulations by state. In this research after explaining these formalities and analysing courts judgments, we conclude that disregarding the legal formalities will amount to civil liability for state.