The Effect of the Actual Use of Privately Owned Property in Determining its Status as a Public Road

Abstract

The designation of a public road raises a legal issue when the physical reality of actual public use intersects with the legal status of established private ownership. Analysis reveals that the technical definition in Public Roads Law No. 35 of 2002 reflects the path's function, rather than a source creating public utility. Pursuant to Articles 71 and 72 of the Iraqi Civil Code, public property strictly requires prior state ownership alongside public dedication. This aligns with Article 23 of the Iraqi Constitution, which prohibits expropriating private property except through eminent domain against fair compensation. The commentary concludes that actual public use serves as evidentiary proof of public need, rather than a legal cause transferring property into the public domain.