Agrarian Reform Law No. 117 of 1970 in force: ceilings, distribution and recipients' obligations
Much agricultural land in central and southern Iraq reached its current holders through agrarian reform distribution, and the restrictions attached to that distribution still surface on sale, transfer on death or pledge. People often ask whether the Agrarian Reform Law is still in force; the Iraqi legislation database lists it as in force and amended. The office of lawyer Ali Barakat in Baghdad explains its main provisions here.
The ceiling on agricultural ownership
The second article bars the area of agricultural land owned by a person, or held by tapu or lazma, from exceeding limits that vary with irrigation method, fertility, position relative to the rainfall line and crop type. Examples:
- Rain-fed land: between one thousand and two thousand dunums.
- Land irrigated by flow or by pumping: between three hundred and six hundred dunums.
- Lower limits for land growing cotton, vegetables, rice or tobacco in the northern provinces.
Where two or more types are combined, they are equated according to the ratios in the article.
Nullity of contracts that breach the ceiling
Paragraph one of the third article provides that any contract resulting in an excess over the ceiling is void and may not be registered. Paragraph three allows a person to hold more than the ceiling where the excess comes from a bequest, inheritance or gift, after which the excess land is seized. A buyer close to the ceiling should therefore count existing holdings before contracting.
Distribution to farmers
Article 16 distributes agrarian reform land to farmers collectively or individually within limits, including between one hundred and two hundred dunums of rain-fed land and between thirty and sixty dunums of irrigated land not designated for specific crops. The council sets distribution limits in each area.
Article 18 requires a recipient to be an Iraqi aged at least eighteen, whose occupation is farming, and whose holdings are below the distribution limits. An agricultural worker ranks after a farmer. Paragraph (f) bars taking distributed land by pre-emption or by the right of preference. Article 19 grants a cultivator an area if actual agricultural use for the five years before the law took effect is proved.
Agrarian reform orchards
Article 17 sets the order for distributing seized orchards: first to the planters working them, then to the orchard's farmers, then to farmers engaged in horticulture. Its sixth paragraph requires anyone who received or bought an orchard to keep using it for agriculture and horticulture; its category may not be changed or the land used for other purposes.
Registering distributed land in the recipient's name
Article 23 provides that land distributed under articles 18 and 19 is registered in the recipient's name five years after receipt by decision of the council, and land distributed under articles 20 and 21 once the distribution decision becomes final. All distributed land is registered as held by tapu. Article 265 of the Land Registration Law provides that distributed agricultural land is registered on the basis of the distribution decision, with the subdivision map prepared under it serving as the basis for subdivision and registration.
The recipient's obligations
Article 24 lists the recipient's obligations:
- Farming and planting the land, taking due care of it, avoiding anything that weakens its productivity, and living in the places designated in the distribution area.
- Not transferring ownership of the distributed land to others, for recipients under articles 18 and 19.
- Not creating any real right over the land, for recipients under article 18.
- Not breaching any other essential obligation imposed by the law and its instructions.
Cancellation of distribution
If the recipient fails to meet these obligations, a competent committee investigates and decides to cancel the distribution, annul its registration and recover the land, and plantings and buildings become agrarian reform property at their value as due for removal once the council ratifies the decision, under paragraph one of article 25. Paragraph two allows the recipient to ask for cancellation if more than half the plot becomes unfit for farming for reasons beyond the recipient's control, the recipient becomes unable to farm, or takes up another occupation; plantings and buildings are then valued as standing.
Legal basis and sources
- Agrarian Reform Law No. 117 of 1970 as amended, articles 1, 2, 3, 16, 17, 18, 19, 23, 24 and 25 (Official Gazette, issue 1884 of 30/5/1970)
- Land Registration Law No. 43 of 1971, article 265 (Official Gazette, issue 1995 of 10/5/1971)
Frequently asked questions
May land distributed under agrarian reform be sold?
Paragraph 3 of article 24 bars recipients under articles 18 and 19 from transferring ownership of distributed land.
Can distributed land be taken by pre-emption?
No, under paragraph (f) of article 18.
I inherited land that takes my holdings above the ceiling. What happens?
Paragraph 3 of article 3 allows the excess where it comes from inheritance, after which the excess is seized.
I can no longer farm the distributed land. May I ask for cancellation?
Yes, paragraph 2 of article 25 allows it, with plantings and buildings valued as standing.
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