Kuwait Court of Cassation principle number 4393

Private ownership. One of the fundamental pillars of society. Expropriation is impermissible except for public benefit and in the cases specified by law, in the manner stipulated therein. Its implication. The administration’s appropriation of real estate for public benefit without taking the procedures required by law. A usurpation entailing its liability for compensation. The administrative authority’s obligation to make full reparation for the damage. - Abandonment of property resulting in the barring of the hearing of an action under the Majalla of Judicial Provisions. Its nature. Mere abandonment and neglect of property and failure to exercise any right over it, however long the period, without anyone interfering with it, usurping it, and denying its owner’s right. It does not bar the hearing of an action concerning it. Its necessary consequence. The prescription by which the hearing of an action becomes barred begins not from the date of the usurpation, but from the date on which the person whose right was usurped learns of its occurrence and refrains from resisting it by an action for ownership or compensation. The basis for that.