Basically, placing the property of the owners within the scope of construction projects will limit their rights. Sometimes the government seizes people's land without possession. Before the Islamic revolution, in some laws, such as paragraph 9, article 50 of the Program and Budget Law of 1352, this right was referred to as the administrative easement law. by which the government is exempted from paying damages to individuals. Now we are faced with this question: after the victory of the Islamic Revolution of Iran and considering the fourth principle of the constitution which emphasizes that regulations and laws must be based on Islamic standards and the announcement of the opinion of the Guardian Council is based on the fact that such laws are illegal: so, should the government pay damages for the use of easements in private properties before the revolution or not? Here we are faced with two types of approaches. One states that according to the laws before the revolution, the government has no obligation regarding the need to pay damages for the use of the easement. And the other approach based on the laws after the victory of the revolution emphasizes the need to pay the easement damages. The author criticizes the first point of view with a descriptive and analytical method and by presenting reasons, he emphasizes that the damage caused by the administrative easement in the laws before the revolution can be paid by taking into account the theory of the Guardian Council