• In these Regulations, the following terms and phrases shall have the meanings assigned thereto, unless the context requires otherwise:

  • 1. Law: Law of Eminent Domain and Temporary Taking of Property.

  • 2. Public Corporate Entities: Any government agency that manages or supervises a public utility in the Kingdom.

  • 3. Expropriation of Property for Public Use: The taking of real property, whether owned by an individual, a private entity, or a government agency, for the purpose of constructing or expanding public utilities and services for public benefit.

  • 4. Project Approved in the Budget: An allocation in the budget of the beneficiary agency for the expropriation of real property for public use.

  • 5. Public Utilities and Services: Roads and railways; networks of water, electricity, gas, petroleum, telephone, sewage, and flood drainage, and the like; mosques; and educational, health, and security premises, and the like, which are not included in the statutory percentage.

  • 6. Compensation: Cash or in-kind consideration that is estimated in accordance with the Law.

  • 7. Development: To create any type of activity for investment or other purposes, whether agricultural, urban, or otherwise, except for fencing, be it made of building materials or plants, on a particular site leading to a change in its features.

  • 8. Developed lands: Lands on which any kind of development is established.

  • 9. Development Protection Zone: The lines indicated on the maps of urban boundary documents that identify the development protection zone up to the year 1450H.

  • 10. White Lands: Lands that have not been invested or developed in any way, regardless of the type of ownership (agricultural, residential, or any other deed). Determining whether or not a land is a white land shall be based on its status at the time of publishing the expropriation initiation decision.

  • 11. Statutory Percentage: The non-compensated portion of a land expropriated to be planned for the service thereof.

  • 12. Plan Percentage: The portion of the land expropriated to be planned for the service thereof. Such portion shall be calculated as a percentage of the total land area and may be equal to, less, or greater than the statutory percentage.

  • 13. Land Division: The division of a land into two or more plots which requires one or more roads to be constructed for the service thereof.

  • 14. Land Planning: The planning of the division of a land and the designation of the network of roads, public utilities, and the like for the service thereof.

  • 15. Approved Plan: The plan of a land which meets legally prescribed requirements.

  • 16. Preliminary Conceptual Plan: An initial plan prepared by the landowner which includes the entire land and roads, indicating the statutory percentage expropriated from such land.

  • 17. Main Roads: The roads designed to accommodate most of the traffic entering or exiting the city and transit traffic, as well as roads designed to connect different parts of the city.

  • 18. Valuation Decision Date: The date on which the agency owning the project approves the valuation committee’s report.

• The agency owning the project shall, prior to initiating the expropriation proceedings, verify that the site designated for the project has no State-owned real property sufficient for constructing the project.

• 1. The Ministry of Municipal and Rural Affairs shall notify the Ministry of Finance—State Properties General Authority—of the sites allocated for public use in approved plans within a period not exceeding 30 days from the date of the plan’s final approval.

• 2. Lands allocated for public use that do not fall within the statutory percentage shall be expropriated in accordance with the provisions of the Law; the valuation committee shall assess the compensation in accordance with the following:

  • a) The price per square meter of the lands prior to planning; provided that the compensation is paid within two years from the allocation date.

  • b) The price per square meter at the time of expropriation; provided that the compensation is paid after two years from the allocation date.

1 - The entities that implement public utility networks must coordinate with the Ministry of Municipal and Rural Affairs or the General Panel for Roads - each in their respective matters - when determining the route of these networks; so that they are implemented - as much as possible - within the routes of the roads that have been constructed or designated in nature.

2 - Public utility networks must be implemented in accordance with the approved general plan, which outlines the main road network being constructed according to this plan. In the absence of such a plan, the entity responsible for the project shall propose the route of the main utility lines and submit it to the Ministry of Municipal and Rural Affairs or the General Panel for Roads - each in their respective matters - for approval.

3 - If it is necessary to implement the route of these networks in areas where there are no road routes or where their routes cannot be determined, the entity responsible for the project must pay compensation for the areas taken from the landowners where the route of the public utility networks is implemented, in accordance with the provisions of the law.

4 - Regarding the routes of high voltage electricity lines (towers) that require specific easements that exceed the width of the existing road or the proposed routes on the plans, the entity responsible for the project must pay the due compensation for the areas taken in accordance with the provisions of the law.

• Subject to Article 5 of these Regulations, and without prejudice to other laws, a company operating a public utility may, if required and in accordance with the Law, expropriate properties that obstruct the route of the utility networks it operates to the extent consistent with the nature of its duties. Expropriation of such properties shall be limited to the networks’ technical needs and shall be made according to the following:

  • 1. The company shall submit an expropriation application to the government agency overseeing the activity of the public utility, accompanied by a full description of the project, the property to be expropriated, and the need for expropriation.

  • 2. The government agency overseeing the activity of the public utility shall be provided with a report on the initial assessment of the total compensation to be paid for the property to be expropriated.

  • 3. The company shall submit to the government agency overseeing the activity of the public utility proof of its financial ability to pay the compensation for expropriation.

  • 4. The expropriation approval decision shall be issued by the minister overseeing the activity of the public utility.

• Owners of lands of 10,000 square meters or less, shall be compensated by the agency owning the project for the entire portion expropriated for the execution of main road networks.

• If an approved main road passes through an owned white land whose plan has been approved by the Ministry of Municipal and Rural Affairs and from which the statutory percentage has been taken, the landowner shall be compensated by the agency owning the project for the portion expropriated for the main road, unless the remaining undeveloped area exceeds 10,000 square meters; in such case, the remaining area shall be subject to Article 11 of these Regulations.