A Reflection on the Public Property's Distinction from other Properties and its Resulting Effects

At the macro level, concepts such as public ownership and private property can be considered as hierarchical concepts that involve a type of priority and posteriority. In other words, considering the concept of the state sovereignty, and given the meanings and results that can be taken from the concept of state sovereignty in the past, public ownership can be considered as the principle and the body, which originates the private property. Accordingly, in the past, the lawyers were not given the right to the state in private property; rather, they considered the ownership applicable only on the basis of civil law. However, later on, due to the role of governments in the provision of public services, gradually, the governments also gain the right to be the owner of the property. Common property is property that is dedicated to the public and for the benefit of the people such as bridges, museums, passages and etc., and the government only manages and monitors these properties. There are five ways to distinguish public property from other properties: I. belonging to a public person, II. allocating to the public, III. public service, IV. the legislator and V. referring to the nature of property. Due to the general nature of public property, they are subject to their own rules and regulations, which are as follows: I. the principle of non-private ownership, II. the principle of the impossibility of transferring, III. the principle of the impossibility of seizure, IV. the principle of timelessness, V. the principle of the prohibition of exclusive use, and VI. the principle of the invalidity of the evidence of invasion.