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.
