Agricultural Lands Preservation Plans and Laws in Iran: A Case Study

Abstract

In this chapter, laws and plans for the preservation of agricultural lands in Iran were expressed. For this purpose, electronic search of research background in the SID, Iran Doc and Sivilica was done. Results show that immediately after the Land Reform in Iran in 1971, Plans and laws including Agricultural Joint Stock Companies, Production Cooperatives Companies and so on have been implemented. The chapter argues that the approach of prevention and deterrence of land use change alone cannot be considered an effective solution for agricultural land management, and it is necessary to pay attention to the incentive and punitive aspects of careful land management and prepare a comprehensive land management document based on it. In addition to maintaining good quality agricultural land, the needs of other sectors such as industry and nature tourism to be properly addressed. Evidence show that in Iran, despite many laws and numerous plans, the process of changing the use of agricultural land has not been effectively controlled. Therefore, various suggestions such as setting up a land monitoring and evaluation system, granting facilities for the purchase of agricultural land to qualified people and so on are regularly presented by academic societies and executive experts.

1. Introduction

Information on Land Use and Land Cover (LULC) and the possibility of optimal use of them is essential for the selection, planning and implementation of land use plans in order to meet the growing demands of basic human needs and social welfare. Planning for development in any country should be done according to the needs and conditions and requirements of that country and the capacities and needs of each country require a specific type of planning. This information will help us monitor land use change due to changing population demand, which is essential for coordinated action at the national and international levels. In general, the preservation of agricultural land use in Iran for various reasons, including insisting on the use of one-dimensional deterrent approaches, vague and incomplete laws, lack of land management plans, lack of specialized manpower and very high prices for residential land and industry did not have the necessary efficiency. In this chapter, first, issues related to the background of agriculture, the extent of agricultural lands, the position of the agricultural industry, the main planning approaches in the field of agriculture, the problems of the agricultural sector and the situation of land degradation in Iran were presented. Then, different approaches and views on the importance and preservation of agricultural lands and the factors of their change of use and laws and plans for the preservation of agricultural lands and prevention of their change of use in Iran were expressed.

2. Methodology

Electronic search of research background using key terms of agriculture in Iran in terms of history, size and place in the economy as well as plans and laws for the preservation of agricultural lands in Iran in the Scientific Database of University Jihad (SID, https://www.sid.ir), Iran Doc (https://irandoc.ac.ir/) and Sivilica (www.CIVILICA.com) was done. Inclusion criteria were (a) studies published without time limit, (b) papers related to various aspects of the agricultural issue in Iran, and (c) access to the full text of the papers. The result of this search was the acquisition of several papers which were reviewed due to their inclusion criteria.

3. Background of agriculture in Iran

Iran is one of the first countries in the world where agriculture and civilization began and early humans for the first time on the Iranian Plateau began to cultivate and raise livestock. It is also said that the migration of the Aryans, unlike the famous pastoral migration, was not in search of new pastures, but in peasant migration and in search of better land for agriculture. The global registration of an aqueduct-based agricultural system as an important agricultural system has made Iran the first and only country with a registered heritage in the Middle East and ECO member countries.

In the first century BC, the Persians planted all the fruit trees grown in Greece (except olives). With the invasion of Alexander, the Macedonian (336–323 BC) Iranian agriculture declined and many farms were destroyed, and this situation continued until the Sassanid dynasty came to power (224 AD). The Sassanids rebuilt aqueducts and encouraged and expanded agriculture, horticulture and animal husbandry. Agriculture with privileged irrigation systems was the basis of the Sassanid imperial economy and its share in the national economy was more than commercial. After the Sassanids until the Mongol invasion (1219−1256 AD), Iranian agriculture periodically stagnated.

During the reign of Pahlavi, along with industrial developments, programs were implemented in the agricultural and livestock sectors of Iran. Traditional Iranian agriculture was mechanized for the first time and the principles of work were introduced into it. However, the mechanization of agriculture was not universal and occurred only in certain places. Irrigation networks, dams and water containment helped boost agriculture throughout the country.

During the reign of Mohammad Reza Pahlavi, the Shah decided to make changes, especially in the field of agriculture, by implementing Land Reforms (1961 AD). Based on this plan, it was decided to make fundamental changes in the amount and manner of land ownership, especially agricultural lands and pastures.

Land Reform, or the abolition of the landlord-slave system, brought about fundamental changes in the way land was owned, especially agricultural land, in order to increase the general productivity of society. In this plan, the ownership of agricultural land from feudal lords or large landowners to smallholders and its redistribution among farmers, with the approval of the Land Reform Law and then its amendment laws and regulations, the law of division and sale of leased land to tenant farmers and the law of annexation eight Article to the Land Reform regulations was done in three stages. Land Reform was the first principle of the charter of the revolution of the Shah and the people.

In fact, in the period before the Land Reform, agricultural lands in Iran were cultivated collectively and in the form of rural communities, and the product obtained belonged to them, but gradually with the formation and growth of productive forces, the field of ownership collective and tribal groups have been eroded and individual and private property has been formed over time.

After the 1979 revolution in Iran and the coming to power of the new government, the process of Land Reform underwent a general change. On July 12, 1984, the Guardian Council of the Islamic Republic of Iran declared the implementation of Land Reform laws contrary to Islamic law, and the process of Land Reform was stopped altogether. Seven years later, on May 23, 1991, the Expediency Discernment Council legalized the continuation of the Land Reform process, and finally, on January 23, 2003, the Land Reform Council designated the gardens assigned to Articles 27 and 28 of the Land Reform regulations to be approved by the Expediency Discernment Council and the process of assigning the remaining Land Reform tasks resumed. Currently, the Land Affairs Organization is the sole custodian of the remaining Land Reform affairs in the country, and the Land Reform experts based in the organization’s land management and development office are the last in charge of Land Reform in Iran [1].

4. Extent of agricultural lands in Iran

With an area of 165 million hectares and the benefit of various climates and despite the limitations of water and soil, Iran is one of the agricultural hubs of the world. According to a report in 2020 and according to FAO information, Iran has been one of the ten largest countries in the world in the production of agricultural products. According to FAO experts, Iran has the ability to produce and meet the total domestic and neighboring countries’ need for agricultural products and can also meet the needs of countries bordering the Persian Gulf. Iran’s agriculture, however, is struggling to access water.

Of the total area of the country, about 23 million hectares (equivalent to 15% of the country’s area), are prone to agricultural activities. Of this figure, about 18.7 million hectares are currently in the cycle of agricultural products and an average of 14.8 million hectares of agricultural land in the country is cultivated annually of which 5 million and 997 thousand hectares are irrigated and the rest are rainfed. The alluvial part or Basin of Sefidrood River in the north, Moghan plain in the northwest and the downstream plains of Karun, Dez and Karkheh rivers in Khuzestan province have a more fertile soil area than other agricultural areas in Iran. Most of the arable lands of Iran, respectively, are located in the provinces of Khuzestan, Khorasan Razavi, Fars, Kerman and Isfahan. Table 1 shows the general view of the lands of Iran.

Title	Area (million hectares)	Percentage of total land	Percentage of agricultural land
The total area of the country	165	100	—
The land area of the country	153	92.7	—
Area of agricultural land	23	14	100
Land area in agricultural production cycle	18.7	11.3	81
Land area with agricultural development potential	4.3	2.6	19
Annual cultivated area	14.8	9	64

Table 1.

General view of the country’s lands [2].

According to the population of the country (about 80 million people) and the area under cultivation of agricultural lands, the per capita of each land in the production cycle is shown in Table 2.

Agricultural lands and per capita	Hectares
Per capita of each Iranian of Lands in the agricultural production cycle	0.24
Per capita of each Iranian farmer of lands in the agricultural production cycle	4.1
Per capita of each Iranian of agricultural lands under cultivation	0.2
Per capita of each Iranian farmer of agricultural lands under cultivation	3.3
Per capita agricultural land in developing countries	0.7
Per capita agricultural land in developed countries	0.66

Table 2.

Per capita share of land and agricultural lands [2].

Figure 1 shows the irrigated and rainfed farmlands in Iran.

Figure 1.

Irrigated and Rainfed Farmlands (%) (2014) [3].

Figure 2 shows the Fallow and Cultivated Farmlands in Iran.

Figure 2.

Fallow and Cultivated Farmlands (%) (2014) [3].

Figure 3 shows the Cultivated Farmlands by Products in Iran.

Figure 3.

Cultivated Farmlands by Products (%) (2011) [3].

Other crops, in percentage of cultivation, include alfalfa, tomatoes, vegetables, cucumbers, peas and beans, saffron, potatoes and onions.

Figure 4 shows the Farmlands and Garden and Nursery in Iran.

Figure 4.

Farmlands and Garden and Nursery (%) (2014) [3].

Table 3 shows the general view of Agricultural Lands of Iran.

Agricultural Lands	Percentage
Follow Farmlands	53
Farmlands Irrigated	36
Garden and Nursery Follow	1
Follow Garden and Nursery	10

Table 3.

Agricultural Lands in Iran.

5. The position of the agricultural industry in Iran

The agricultural sector is one of the most important economic sectors in the country due to the provision of food needed by society, GDP and economic growth, which on the one hand has a high share in the added value of the country’s economy and on the other hand, has a significant share in employment. Due to its extensive connections with other economic sectors, this sector can, with its growth, provide the ground for wealth production, market creation and currency generation, and the growth of industry and services sectors.

Agriculture in Iran is an important part, and the agricultural economy is a significant part of the country’s economy. The share of labour force employed in the agricultural sector in relation to the total number of employees in the world is 26.5%, while this share in Iran is estimated at 17.6% [4]. The share of value added of the agricultural sector at fixed prices in the world is estimated at 3.5% and in Iran at 6% [3].

Iran’s agricultural production has increased from 96.8 million tons in 2013 with a growth of 6.6% to more than 103 million tons in 2014. The value of exports of agricultural products and food industries increased from $ 5.6 billion in 2014 to $ 6.5 billion in 2015. Agricultural production in 2015 increased from 103 million tons to 112 million tons.

According to the statistics obtained from 117 million tons of agricultural products produced in Iran, 82 million tons of those agricultural products, 2.5 million tons of horticultural products, 13.7 million tons of livestock products and one million tons of other products have been reported. According to these statistics, nearly a quarter of agricultural production is lost due to the lack of Iranian agricultural industry.

The share of different agricultural sectors in the value added of this sector and the fixed price in Iran is as follows [5].

Figure 5 shows the Added value of various agricultural activities at a fixed price (2011–2015) in Iran.

Figure 5.

Added value of various agricultural activities at a fixed price (2011–2015) [5].

6. The main approaches to agricultural planning in Iran

• Emphasis on economics and knowledge-based production based on educated human resources and the use of new technologies as the main factors of wealth creation.

• Economics based on high productivity of production factors, efficiency of distribution and application of knowledge in management.

• Effective relationship between science production process and product production and distribution process.

• Efficiency of research management and promotion of important requirements for the realization of agriculture with a knowledge-based economy approach.

• Demand-driven research, effective training and promotion of new technologies are the most important assets and capabilities for transformation in the agricultural sector.

• Specialized and motivated human resources, managers, experts and researchers and an extensive network of promotion and cooperation and participation of organizations and users in the country

• Development of applied research and transfer of technical knowledge and new technologies in order to maintain and use sustainable and optimal production resources

• Targeted support policies and business competitiveness and economic production.

• Optimal use of water and soil capacities in different regions with the aim of establishing and dispersing the population of the country

• Investment is the main factor of agricultural growth and plays a decisive role in the productivity of factors of production. Investment is an important and effective factor in the continuation of production, strengthening food security and sustainability.

• Insufficient investment causes a gradual increase in the cost prices of products and the loss of the comparative advantage of domestic production and the impossibility of competition in the global and regional markets.

• The need for cross-sectoral and national management in the water crisis.

7. Problems of the agricultural sector in Iran

7.1 Insufficient confidence in ensuring food security of the country

• Low self-sufficiency coefficient, especially in basic products

• Strong dependence of livestock and poultry industry on imported inputs

7.2 The main sources of production

• Limited water resources of the country and its quantitative and qualitative decline in many plains and imbalances in aquifers

• Insufficient investment and investment imbalance in the implementation of water supply projects, watershed management and construction of irrigation networks and equipment and renovation

• Lack of governance of agricultural water demand management

• Low irrigation efficiency

• Lack of adequate supply and adequate timing of inputs such as fertilizers, pesticides and seeds

• Lack of attention to the principles of soil preservation, surface soil erosion and reduced fertility

• Low productivity of resources and factors of production

• Continuation of the process of land use change, improper exploitation of forests and pastures and increase of degradation and desertification process

7.3 New technologies

• Weak mechanization in production, operation, processing, packaging and storage processes

• Weakness of information technology in producing accurate, coherent and timely statistics and information resources regarding basic resources and products

• Lack of comprehensive program guidance mechanisms and cultivation pattern

• Existence of high wastes, weakness of quality standards and technical criteria and standards in the production and supply of agricultural products

7.4 Cross-sectoral inconsistencies and economic policies

• Uncoordinated management of water and agriculture sectors

• Inconsistency of macro and sectoral policies

• Weak connection between programs, policies and policies of monetary, financial, banking, industry, foreign trade, transportation, higher education and research, etc. with the agricultural sector

• Low share of investment in value-added and lack of injection of financial resources through the public budget to the agricultural sector

• Sporadic production chain management, severe fluctuations in the input and product market

• Lack of transport infrastructure, storage and export terminals

7.5 Socio-economic development of rural and nomadic communities

• Structural weakness in the social security of producers and rural society

• Underdevelopment of villages and nomadic communities and lack of diversity of business activities in these areas

• Lack of knowledge about the social status of agriculture and the involuntary migration of young and creative forces from this sector

• Aging age of farmers and uncertainty about the future

7.6 Managing the public sector in the effective management of the agricultural sector

• Weakness of the system of education, promotion and applied and demand-oriented research, effective and applied and incomplete communication between the elements of the knowledge and information system and the inactivity of the private sector

• Weak public sector management in efficient management of the sector

• Lack of appropriate support mechanisms and lack of appropriate, sufficient and efficient development institutions in the sector

8. Situation of land degradation in Iran

Water and wind erosion processes are known as the most important processes that are active in areas of nearly 145 million hectares of the country with low to high intensity.

Due to the geomorphological conditions of Iran (prevailing arid and semi-arid climate and young geological unevenness along with the expansion of erosion-sensitive geological formations) naturally, the potential for soil erosion and degradation in Iran is high. But over the past few decades, the uneven development and inconsistency of regional plans with the natural potential of each region, along with climate fluctuations and successive droughts, have led to various crises such as dust storms, floods and mass movements. The result of these processes is land degradation and soil erosion in the areas of origin on the one hand and the problems caused by sedimentation in other places have reduced the overall soil fertility. About 43% of all organic carbon and more than 90% of all rare and nutrient elements such as phosphorus, nickel, manganese, iron and zinc are lost. Despite the occurrence of destruction phenomena, there is still no procedural unity in estimating the extent of land degradation. In the field of water erosion, a wide variety of figures have been reported in the field of soil degradation and erosion. In this regard, estimates made by researchers have shown numbers between 1 and 2.5 billion tons of soil erosion per year. According to some of them, Iran ranks first in the world and every billion tons of soil erosion is approximately equivalent to an average of 6 tons per hectare per year in the country.

In general, the following is said about the issue of land degradation in Iran:

• Land use change/land cover and land use management is proposed as the most important tool and solution to control soil degradation in Iran.

• Civil development and especially road construction and development activities with land use change/land cover are considered the most important factors in intensifying land degradation in Iran. So that since the 1990s, the role of human factors has been prevented much more than natural factors. Therefore, risk management and prevention should be sought by adopting a preventive approach instead of crisis management.

• In watershed management projects, vegetation restoration should play a pivotal role and structures should be created when necessary.

• The relationship between livestock and pasture should be considered, which is one of the factors of vegetation degradation and soil degradation.

• It is necessary to pay more serious attention to experts in land use management programs and land management and conservation agriculture, land degradation and soil erosion.

• So far, a small part of the whole country (one-fifth) has been included in watershed management programs. Due to the performance of these programs, by completing and eliminating the existing shortcomings in the field of structural operations, it is necessary to give more attention to the use of other methods such as bioengineering, water harvesting methods and the use of seasonal and temporary runoff.

• Many traditional and indigenous methods in all parts of Iran (such as Bandsar, Gorab, Khoshab and rainfall storage) can be considered as a support for participatory models of soil and water preservation and crop production in the country.

• Considering the importance and role of land degradation on food and social security, the issue of macro-management of natural resources and cultivation of sloping lands should be considered in the form of upstream laws, along with issues such as mining as a few examples of land cover/land use change be considered by managers and policymakers.

9. Different approaches and perspectives on the importance and preservation of agricultural lands in Iran

Due to the mismatch between the added value of agricultural and horticultural activities and the proceeds from the sale of land, the issue of how to use the land and its changes has always faced serious challenges for decision-makers, stakeholders and owners. Increasing demand for land use is affecting land allocation patterns and management practices [6, 7].

The issue of land use change and its extent is one of the main problems of the agricultural sector and one of the serious challenges facing sustainable agriculture identifying the factors affecting it is one of the important issues [8].

Changing agricultural land, due to its direct relationship with issues such as food security and environmental sustainability, has become one of the challenges facing humanity in the twenty-first century.

The intensity of land use change is such that according to the 2012 FAO report, between 1970 and 2009, the per capita arable land in the world decreased by 1.46% and in Iran by 2.554%.

Agricultural land use change plays an important role in changing global phenomena [9]. Although its dimensions vary from country to country, its consequences have raised more or less similar concerns in developed and especially developing countries.

With population growth and the industrialization of communities, significant changes in agricultural land use have occurred [10]. This issue is more important in developing countries due to poor management and disruption of political and economic structure [11].

In Iran, thousands of hectares of land are changed annually [12]. One of the serious problems of Iran’s agriculture now is the change of agricultural land use after water shortage.

Justice statistics of different provinces show the increasing occurrence of land use change in the suburbs and cities of the country.

10. Different views on the importance of preserving agricultural lands

• Some believe that due to the low price of agricultural products, cheap import of agricultural products is possible. Given the general pessimism about the agricultural sector, these people believe that maintaining agricultural land use is not an important issue.

• Another group believes that the preservation of agricultural lands, given the need to maintain production capacity and the role of the agricultural sector in the economy, should be considered a local and national priority.

11. Perspectives on agricultural land preservation and land use change

There are different views on the preservation of agricultural land and its land use changes [13].

• Some believe that due to the importance of agricultural products, the country’s lack of reliance on imports of products, etc., preventive measures should be taken to protect these lands (either as a punishment or as an incentive that eliminates the motivation to change land use).

• The second view, which is the approach of purposeful and systematic change of agricultural lands, believes that in contrast to deterrent methods and dealing with violators due to some necessities such as population growth, increasing urbanization, the need for tourism and the development of nature tourism industry, etc. In addition to the use of deterrent methods, land use change should be done systematically and purposefully (although this approach can be implemented according to article 12 of the Law on Agricultural Land Use Change).

12. Policy approaches for agricultural land preservation

• In the first approach, agricultural lands are allocated for different non-agricultural uses according to the policies and programs of each sector organization and without considering the perspective of preserving agricultural lands and efforts are being made to create minimum restrictions on the use of agricultural land for executive agencies.

• In the second approach, considering a large number of lost lands and the need to ensure food security, the axis of planning is considered the preservation of agricultural lands and the programs and projects of the executive organizations are formulated and implemented with this perspective and with minimal encroachment on agricultural lands.

In the second approach, it is well recognized that the change of use of each hectare of agricultural land means a direct and immediate dependence on foreign imports and a threat to food security.

The first view on the importance of agricultural land is consistent with the first approach to policy for the preservation of agricultural land and the second view is consistent with the second approach.

After explaining the general views and approaches to agricultural land conservation, the most important laws related to preventing the change of use of agricultural land in the country are discussed. This provides a basis for identifying general approaches to these laws [14].

13. Laws and plans for the preservation of agricultural lands and the prevention of their change of use in Iran

Preservation of agricultural lands as a platform for agricultural activities is one of the most important decision-making components in the field of agricultural development, because in all small and large communities, providing food security for current and future generations requires preserving existing agricultural lands for continuous and effective use, Therefore, its optimal use as a guarantee of human life is one of the important missions of policymakers and planners of sustainable agricultural development.

Today, the limitations caused by the destruction and inefficiency of agricultural lands in Iran are not a new issue and for many years, the focus of agricultural development policy makers has been on them, and they have always been looking for strategies and dealing with such bottlenecks. So that immediately after land Reform, agricultural development policymakers realized the negative consequences of land fragmentation and land use change and took measures to address this problem.

Preservation of agricultural lands is one of the issues in the framework of sustainable development. Agricultural land cannot be created and there is no operational method to restore modified agricultural land.

The most important methods of preservation and maintenance of agricultural and horticultural lands are to prevent land use change and micro-distribution of agricultural lands. In this regard, in Iran, projects such as the formation of Agricultural Joint Stock Companies, Production Cooperatives Companies, Agro-Industries Units, Common Production Units, Comprehensive Plan of Cadastre (demarcation) of agricultural lands, Agricultural Land Integration Projects, Concentrated Cultivation, Vicarious Cultivation and provided a Suitable Cultivation Pattern have been implemented [15].

13.1 Agricultural joint stock companies

Six years after the beginning of land Reform in Iran, the formation of agricultural joint stock companies in 1967 with the aim of increasing agricultural production and solving the problems caused by fragmentation and dispersion of agricultural land through land integration was considered.

13.2 Production cooperative companies

The law on the formation of production cooperatives companies was approved in 1970 to enable the integration of land and increase the yield and income of the villagers.

13.3 Agro-industries units

One of the forms of private capitalism in agriculture was the agro-industrial units, which were created from the very beginning with large capitals and on ready lands. The formation of agro-industries provided the basis for the formation of exploitation units based on the land capitalist system and contributed to the commercialization of agriculture in Iran.

13.4 Common production units

Common production units are the main collective agricultural units that were implemented in rural areas in 1980, following the approval of the amendment to the land transfer and rehabilitation bill. These cooperatives, in groups of 5–15 people, engage in common agricultural activities on the lands provided by the government.

13.5 Comprehensive plan of Cadastre (demarcation) of agricultural lands

In order to implement the Comprehensive Cadastre Law of the country approved by the Islamic Consultative Assembly in 2014 and also the circular of the Minister of Jihad for Agriculture, the Land Affairs Organization has put the plan to prepare a map of the Agricultural Land Cadastre on its agenda and the strategic document of the technical and executive system of this plan has been prepared, approved and implemented. This plan has been prepared in the form of vision and programs and policies of the Land Affairs Organization to improve and organize land management in the country. Therefore, one of the most central programs of the Land Affairs Organization is the implementation of the agricultural land Cadastre plan and the preparation of a spatial database of lands containing all layers of information related to land ownership and use. A cadastral map is a map that, in addition to geographical location, is prepared to show the location, ownership, use, and area of land in the study area.

13.6 Agricultural land integration projects

Land Integration, land reclamation and ownership in accordance with agricultural technology are being developed. In other words, it is a process in which dispersed lands are integrated to concentrate and preserve lands in areas that are inefficient or misused, barren lands or lands that have been damaged by production or natural and unnatural disasters. With the implementation of this project, suitable infrastructures such as roads between farms, irrigation and drainage canals and regular borders and activities such as leveling, creation of rectangular geometric plots, integration of scattered lands and scattered plots of farmers and additional operations such as construction of underground drains take place.

13.7 Concentrated cultivation

The purpose of Concentrated Cultivation is to produce similar crops in order to provide common agricultural services to farmers [16]. In this plan, by removing the borders and walls and hedges between agricultural parts, the parts are integrated, and a single crop is cultivated in it [17].

13.8 Vicarious cultivation Plan

Vicarious Cultivation is one of the localized and modified methods of land integration and monoculture. Problems such as inheritance and property boundaries and farmers’ cash participation in different stages of production have been solved in this plan. In vicarious farming, the farmer receives services such as preparation, plowing, seed supply and planting, engineering and technical services, sunbathing, and harvesting and sales in return for providing land and after securing the income of the product, it settles the expenses of planting, holding and harvesting with the company.

13.9 Suitable cultivation pattern

The plan for the cultivation pattern of agricultural products has been prepared for several years and its basic plans have been determined and are currently in the final stages of registration. The final national plan for the cultivation pattern of agricultural products is to be implemented and operational in the near future in all provinces of the country [18].

Explain the approved laws regarding the preservation of agricultural land use in Iran.

A review of the experiences of different countries in relation to the preservation of agricultural lands shows that one of the most important tools needed to control the phenomenon is to use the law as a lever to be organized in the form of law and publicly.

Today, countries take strict care of agricultural land by adopting strict regulations prohibiting land use change and its strict implementation, as well as adopting incentive and deterrent methods.

Although various laws and regulations have been adopted in the field of preservation of property rights and prevention of land use change and illegal occupation of land in the Iranian legal system, in practice, facing this issue faces many social and economic legal problems.

13.10 Land reform law

Land Reform in Iran began with the approval of the Land Reform Law on December 10, 1971 and was implemented with a referendum on February 26, 1972. According to Note 2 of Article 15 of this law, a farmer who intended to sell his land, he could only do this deal with another farmer.

Of course, Note 23 of the Second Five-Year Plan (1955−1961) considered this restriction as a bureaucratic obstacle on the path of investment in agriculture and production and removed it.

However, due to the consequences of this the fragmentation of most parts, on July 25, 1964, a notification from the Land Affairs Organization stated that the implementation period of the second five-year plan law has ended, and therefore Note 2 of Article 15 of the law Land Reform is effective.

13.11 Law of agricultural development in agricultural poles

The Law on Agricultural Development in Agricultural Poles, approved on June 26, 1975, is the first law that explicitly emphasizes the preservation of agricultural lands. This law prohibits the conversion of the use of agricultural lands to non-agricultural, of course, within the agricultural poles. This law prohibits the separation and conversion of land use based on comprehensive urban, industrial and civil development plans and other plans that are deemed necessary. However, this law is limited to agricultural lands located in agricultural hubs.

13.12 Law on preservation of agricultural lands and gardens

The Law on Conservation of Agricultural Lands and Gardens was approved by the Islamic Consultative Assembly in 1995, and then the amendment law consisting of 8 articles was approved by the Islamic Consultative Assembly in 2006 and by the Guardian Council (Islamic Consultative Assembly Research Center, 2006). Article 1 of the Law on Preservation of Use of Agricultural Lands and Gardens states: In order to maintain the use of agricultural lands and gardens and their continuity and productivity, from the date of enactment of this law, changing the use of agricultural lands and gardens outside the legal limits of cities and towns is prohibited except in necessary cases.

This law was passed to prevent the change of use of all agricultural land. However, the many ambiguities and shortcomings in this law, including numerous exceptions and the limitation of its scope to agricultural lands outside the legal boundaries of cities and towns, have had little effect on the preservation of agricultural land.

13.13 Law on increasing the productivity of agriculture and natural resources

The law on increasing the productivity of the agricultural sector and natural resources, consisting of 35 articles and 36 notes, was approved by the Islamic Consultative Assembly in 2010. In order to implement the 20-year vision document of the country, the general policies of the system and the law of executive policies of Article 44 of the Constitution, according to this law, programs, facilities, facilities to increase productivity and Reform production and consumption patterns in agriculture and natural resources were provided.

13.14 Law to prevent the fragmentation of agricultural lands and the creation of appropriate technical and economic parts

The law to prevent the fragmentation of agricultural lands and the creation of appropriate technical and economic parts consisting of 6 Articles and a Note was finally approved by the Islamic Consultative Assembly in 2006. According to this law, the Ministry of Jihad Agriculture is obliged to improve the productivity of production factors, optimal allocation of resources and prevent the separation and fragmentation of agricultural lands (including gardens, nurseries, irrigated and rainfed lands and their fallow) Within 6 months from the approval of this law, determine the technical and economic quorum of agricultural lands based on climatic conditions, cultivation pattern, mechanization criteria and quantity and quality of water and soil resources and submit it for approval. This law prohibits the division of agricultural lands into plots less than the specified quota, and the provision of any registration services, such as the issuance of a deed of ownership or separation, is not permitted.

13.15 Law on punishment for disrupting agriculture and animal husbandry

The Law on Punishing Disruption in Agriculture and Animal Husbandry in order to maintain the order of agriculture and prevent disruption in planting and holding and harvesting of agricultural and livestock products and thus preventing the closure or cessation of agriculture in the country on December 10, 1979 with 5 Articles approved. If land grabbing is considered as the occupation of lands, both governmental and non-governmental, by natural and legal persons, and the unjust, rental and illegal possession of land, it can be said that this law is one of the most obvious laws related to land grabbing.

Executive Regulations of the Law on the Assignment of Permanent and Barren Lands, which have been provided to farmers for temporary cultivation after the 1979 Revolution.

Article 10 of the Executive Regulations of the Law on Transfer of Barren and Permanent Lands, which was given to farmers for temporary cultivation after the revolution, states that any conversion of transferred lands to non-agricultural use and segregation, except in exceptional cases, was banned at the discretion and consent of the Ministry of Agriculture.

13.16 The law regulates part of the government’s financial regulations

Article 110- The Ministry of Jihad for Agriculture was obliged sell the lands transferred by the land transfer boards to the farmers applying for purchase in cash and in installments, without exception and without any preconditions, at the maximum regional price at the time of transfer and deposit the proceeds to the general revenue account (with the General Treasury).

14. Conclusion

The chapter discusses restrictions on agricultural land degradation in Iran. It argues that it is not a new issue and for many years has been the focus of agricultural development policy makers who have always been looking for strategies to deal with bottlenecks. Immediately after the Land Reform in Iran in 1971, agricultural development policy makers realized the negative consequences of land fragmentation and land use change and implemented plans to address this problem. The chapter argues that the approach of prevention and deterrence of land use change alone cannot be considered an effective solution for agricultural land management and it is necessary to pay attention to the incentive and punitive aspects of careful land management and prepare a comprehensive land management document based on it, In addition to maintaining good quality agricultural land, the needs of other sectors such as industry and nature tourism to be properly addressed. It seems that in Iran, a large amount of high-quality agricultural lands has been easily lost due to the implementation of construction and development projects such as industrial towns, the expansion of cities and the transformation of villages into cities, and now the time has come to preserve these lands, the basis of work and planning for various organizations in the development and implementation of construction projects. Evidence shows that in Iran, despite many laws and numerous plans, the process of changing the use of agricultural land has not been effectively controlled. Therefore, in this context, various suggestions are regularly presented by academic societies and executive experts. Some of these suggestions include:

• Eliminating the reliance of law enforcement on financial resources caused by the complications of change of use

• Establishment of agricultural land evaluation system and preparation of relevant maps at a manageable scale and prohibition of any land use change in special agricultural lands (Class 1 and 2)

• Refraining from individualizing the decision regarding the granting of permission for change of use: since the pressure for change of use from the decision-making and influential authorities is usually high, therefore, while completely excluding high-quality lands from the subject to change of use, is necessary to avoid leaving any major decision-making to one person.

• Clarifying the process of applying for and issuing permits for change of use with the aim of improving public supervision: all supervisory organizations and non-governmental organizations supporting agricultural lands must have access to this system.

• Setting up a single window to submit requests for change of use and to inquire of organizations regarding the issuance or non-issuance of licenses.

• Capacity building in the judicial system to follow up cases of violations related to agricultural lands.

• Documentation of agricultural lands

• Setting up a land monitoring and evaluation system

• Granting facilities for the purchase of agricultural land to qualified people