القيود الواردة على حرية تملك العقار في المواقع المحمية والأثرية وما في حكمها وفقاً للنظام السعودي 10.35781/1637-000-104-007

Abstract

The research subject deal with the restrictions on property ownership in protected areas, national/public parks, archaeological sites, and similar sites in accordance with the Saudi Law and directions. The research aims to clarify the locations of the protected areas, national/public parks, archaeological sites, and the similar locations, which impose restrictions on property ownership within their boundaries. The research used an analytical methodology, exploring the texts relating to the restriction of property ownership in the law and regulations specific to these sites, as well as royal and national protected areas and specific regulations issued in this regard. The topic was addressed in an introduction, a preliminary requirement, and four sections; the first section discusses the restriction of property ownership in royal and national protected areas, while the second section addresses the restriction of property ownership in national/public parks. The third section is dedicated to clarifying the sites that fall under the category of protected areas, such as mountain peaks, valleys, ravines, and floodplains, while the fourth section discusses archaeological sites that are categorized as protected areas where property ownership is restricted within their limits. The research concluded with several key findings, the most important being that the restriction on property ownership in protected areas, wildlife parks, archaeological sites, and similar sites is defined by the instructions and regulations issued in this regard, considering them as sites where private ownership cannot be acquired. The research recommended the importance of having a system that regulates real property ownership in the Kingdom of Saudi Arabia, including the restrictions and their provisions, as well as a clarification of the sites where private ownership cannot be acquired. Additionally, the researcher suggested establishing controls and lists for each type of site that prohibits acquiring private ownership.