METHODS OF STATE ACQUISITION OF PRIVATE PROPERTY UNDER LAW NO. 23-17 AND ITS IMPACT ON THE PRINCIPLES OF LEGAL SECURITY

Objective: Algeria suffers from a shortage of prepared and suitable lands to attract investment projects, especially in the north of the country. Therefore, the legislator strives every time to find legal mechanisms that allow him to expand the state's real estate portfolio and which is directed to promoting industrial investment in particular. Among these mechanisms is the attempt to acquire lands owned by private individuals in order to re-grant them to investors. With the issuance of Law No. 23-17 on economic real estate and its related regulatory texts, we find that it has included two mechanisms in this regard: the mechanism for the state to acquire private real estate located in areas prepared and capable of receiving investment projects, in addition to the mechanism of pre-emption for the purpose of purchasing any economic real estate owned by private ownership and offered for assignment. The legislator's resort to these two mechanisms raises some concerns about the possibility of their infringement on the constitutionally established protection of private property, as well as their infringement on the principles of legal security, which will inevitably affect the attractiveness of the investment climate in Algeria, especially for foreign investors. Methods: Through this article, we try to highlight the legal methods adopted by the legislator to acquire economic real estate owned by private individuals, and its impact on economic investment and the principle of legal security, relying on the descriptive and analytical approach appropriate for such topics. Results: Among the results reached in this field, despite the noble objective of the legislator in developing the national economy, this new mechanism and the right of preemption may encroach upon individuals' rights and diminish the guarantees for the protection of their private property, especially if there is a violation of the principles of legal security. Conclusion: At the end of this article, we present a set of recommendations that help make the legislative text regulating the state’s acquisition of private real estate of an economic nature a legally controlled process that does not lead to infringement of the rights of owners or the principles of legal security.