Kuwait Court of Cassation principle number 179

The general rule is that the administration compensates a person whose real property has been seized for allocation to public benefit without taking the expropriation procedures. The basis for this. Usurpation giving rise to liability for compensation. The exception. Landowners opening roads on their private land with the intention of improving it. The effect of this. No compensation for the area of the roads unless their area exceeds 20% of the subdivided private property, without this conflicting with the constitutional provision prohibiting expropriation without fair compensation, or with the provisions - 42 - Obligation of the Expropriation Law. The reason for this. Compensation being offset by the benefit accruing in the form of an increase in the price of the remaining subdivided land. The basis for this. Development Council Decision 1373/248 issued on 5/10/1956.