Expropriation of Private Property for Public Utility in Kuwaiti Legislation

Abstract

The property right is one of the most important constitutional and legal rights because of its place in the lives of individuals and society, and its role is essential in all aspects of economic, social, and developmental life. the research discussed the process of expropriation of private property for public utility based on prejudice to the right to individual property protected by constitutions. the public utility is the justification for the establishment and continuation of the state, and it acquires a special character in the field of expropriation. The concept of expropriation for the public utility may be confused with other systems (temporary seizure, forfeiture, nationalization) because of the violation of the property right, but they differ in terms of purpose and procedures. The Kuwaiti legislator also enshrined the principle of constitutional and legal protection of the property right through law no. 33/64 and its amendments, and since the expropriation is an exceptional measure, it must be practiced under certain guarantees represented in achieving the public utility and the necessity to follow the procedures stipulated by law, respecting the principle of legality and enabling those affected by expropriation to obtain fair compensation and resort to the competent jurisdiction. This is to find some kind of balance and reconciliation between the public utility and the private utility.