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Law No. 23 of 1995 Amending Certain Provisions of Law No. 13 of 1988 on Temporary Expropriation and Appropriation of Real Estate for the Public Benefit

Law Summary Record Type: LawNumber: 23Date: 12/07/1995 Corresponding to 14/02/1416 HijriNumber of Articles: 5Status: In force

Official Gazette :Issue: 12Offcial Journal Issue Publication Date: 01/01/1995 Corresponding to 30/07/1415 HijriPage from: 1727

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Article 2
Starting Date: 01/01/1995

The texts of Articles 5, 14, 15 and 17 of Law No. 13 of 1988 referred to above shall be replaced with the following:

“Article 5

Two Appraisal Committees to be incorporated in the Lands and Expropriation Department shall be formed. Furthermore, a Complaints Committee reporting directly to the Minister shall be formed.
The two Appraisal Committees, each within its competence, shall prepare periodical lists of general prices of land in various towns and villages. They shall assess the value of expropriation and temporary appropriation of real estate, and compensation for such expropriation and temporary appropriation shall be based on the declared lists of general prices provided in this Law and the implementing regulations and decisions thereof.
With the exception of complaints related to ownership, other rights in rem or shares, the Complaints Committee shall decide on complaints referred to it by the Department on the value of compensation or other issues stipulated in this Law and the implementing regulations and decisions thereof.
The Complaints Committee shall be comprised of five members and chaired by a sitting judge chosen by the Minister of Awqaf and Islamic Affairs.
The members of these committees shall be chosen on the basis of their experience in the evaluation of property, and they shall have a reputation for impartiality and concern for the public interest.
The Council of Ministers, upon the proposal of the Minister, shall pass a resolution on the formation of the committees that explains their system of work,the rules and procedures for appraisal and compensation, and the rules and procedures for lodging complaintswith the Complaints Committee.

Article 14

The limiting lists and estimation charts referred to in the preceding Article, after adoption thereof by the Lands and Expropriation Department, shall be exhibited publicly for thirty days. The Department shall, for a sufficient time before such exhibition, give notice to all concerned and advise them of their rights to peruse these lists and charts and to obtain copies thereof on payment of the fees determined by a decision of the Minister.

The exhibition shall be preceded by a publication in the Official Gazette including a general statement of the expropriated real estates and the periods specified for perusal of the lists and charts.

Occupants of the expropriated real estate shall simultaneously be notified to vacate within a period determined by the Department, provided that such period shall not be less than one month from the date of the notice.

The Department, after expiry of the notice period, shall have the right to take necessary measures to evacuate and remove the expropriated real estate inan administrative manner.

Article 15

Owners and holders of other rights in rem may complain to the Lands and Expropriation Department against the contents of estimation lists and charts within thirty days of the expiry date of the exhibition. Complaints shall not be allowed after the expiry of this period.
Complaints about a dispute over an ownership right, other rights in rem or shares shall be referred to the Real Estate Registration Committee to decide on them in accordance with the provisions of Law No. 14 of 1964 on the Real Estate Registration System and its implementing regulation issued by Resolution No. 12 of 1966. Complaints about a dispute overthe value of compensation shall be referred to the Complaints Committee.
Complaint statements,including the name of complainant, his place of residence or business, and supporting documents, shall be submitted to the Lands and Expropriation Department.
The Department shall register all information about the complaint,especially its number, date, attachments, and action taken. The complainant shall be given a receipt withsuch details.
Notices served at either the complainant's place of residence or business shall be considered of full legal force and effect even where not received by the complainant or where he refused to accept delivery thereof.

Article 17/B

In case of a dispute over the value of compensation, ownership or shares, the compensation shall be stopped and deposited in the State Treasury or in a special account to be opened for this purpose with any national bank in the name of the person in whose favour the Complaints Committee finally rules.In all cases, the dispute shall not stop the transfer of ownership of the property to the State.”