Kuwait Court of Cassation principle number 4599

The general rule is that the administration compensates a person whose real property has been seized for allocation to public use without taking the procedures relating to expropriation. The basis thereof. Usurpation giving rise to liability for compensation. The exception. Landowners opening roads on their private land with the intention of improving it. The effect thereof. 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 of the Expropriation Law. The reason therefor. Compensation is offset by the benefit accruing in the form of an increase in the price of the remaining subdivided land. The basis thereof. Construction Council Decision No. 1373/248 issued on 5/10/1956.