The Nature of the Agreements between Municipality and Owners to do Civil Projects

Constructing roads and public parks are among duties of municipalities based on municipal law. In many cases, municipalities are forced to use properties, lands or rights of people on buildings and sources to complete developmental plans. Based on current laws, firstly, the municipality should obtain the owner’s consent and then condemn the properties. If there is no agreement, the municipality has the authority to condemn the property based on article 8 of law of land and property condemnation and buying for public, civil and military purposes passed in 2006. A question is raised here: what is the legal nature of such acquisitions? are the agreements between municipality and owners are subject to general rules of contracts especially free will and sovereignty or they should be categorized as exercise of power by the government? The purpose of the current study is to prove that the municipality condemnations are a kind of power exercise by the government and the government has the authority to condemn properties.