Article 9 of the Saudi Eminent Domain Implementing Regulations
المادة 9 من اللائحة التنفيذية لنظام نزع ملكية العقارات للمنفعة العامة ووضع اليد المؤقت على العقار
The article provides that when a main road passes through developed land, of whatever kind of development, compensation is paid for the areas taken and for the buildings, facilities and plantings on them.
Official text (Arabic)
This article has not been amended since the law was issued.
في حالة مرور طريق رئيس ضمن أراض منماة - أيًّا كان نوع التنمية - يتم التعويض عن المساحات المقتطعة وما يوجد عليها من مبانٍ ومنشآت وغراس.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 9 explained in plain English
This article deals with the case of a main road passing through developed land. Developed land, under Article 1 of the Regulations, is land on which any kind of development has been carried out, and development is any agricultural, urban or other activity that changed the features of the site, other than fencing.
The rule: The owner is compensated for:
- The areas taken from the land.
- What is on them of buildings, facilities and plantings.
Whatever the kind of development: It makes no difference whether the development is urban such as buildings, or agricultural such as farms and palm trees, or other.
The practical meaning is that the owner of developed land is not asked to give up any part of his land free of charge for the main road under this article; he is compensated for the land and for what is on it together.
The article does not set out how compensation is assessed, which is for the assessment committee under other articles of the Regulations. Fencing alone also does not make land developed under the definition. Anyone whose house or farm a main road passes through can consult a lawyer specializing in real estate matters.
Practical example
Ahmed owns a palm farm in Al-Ahsa, and an approved main road passed through it. He is compensated for the area taken for the road and for the palm trees and buildings on it.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Lawyers who handle this kind of case
Dr. Ali Al-Rubaie Law Office and Ittihad Al-Asr Legal Company
Mohammed bin Saleh Al-Qarawi Law and Notary Office, Riyadh
Frequently asked questions about Article 9 of the Saudi Eminent Domain Implementing Regulations
Am I compensated for my house if a main road passes through it?
Yes. When a main road passes through developed land, compensation is paid for the areas taken and for the buildings, facilities and plantings on them.
Does the rule differ between a farm and a building?
No. The article covers developed land whatever the kind of development.
Does a fenced plot alone count as developed?
The definition of development in Article 1 of the Regulations excludes fencing, whether by building or planting.
More articles on Compensation for Cuts for Roads and Planning
- Article 7
The article provides that the owner of land of ten thousand square meters or less is compensated, by the project-owning authority, for the whole area taken to build main road networks.
الأراضي المملوكة البالغة مساحتها (10.000 م2) عشرة آلاف متر مربع فأقل يتم التعويض عن كامل المساحة المقتطعة لتنفيذ شبكات الطرق الرئيسة من قبل الجهة صاحبة المشروع.
- Article 8
The article provides for compensating the owner of planned white land from which the statutory percentage was taken and which a main road then crosses, unless the remaining undeveloped area exceeds ten thousand meters.
الأراضي البيضاء (الفضاء) المملوكة التي سبق أن اعتمدت وزارة الشؤون البلدية والقروية مخططها وأخذت النسبة النظامية منها، ثم مر بها طريق رئيس معتمد، يعوض مالكها عن
- Article 10
The article provides that the owner of developed land who requests its planning or subdivision is not compensated for what is taken from it within the statutory percentage, nor for what exceeds it if at his request or with his consent.
إذا طلب مالك الأرض المنماة تخطيطها أو تقسيمها فلا يعوض عما يقتطع منها لذلك في حدود النسبة النظامية، ولا يعوض إذا كان تجاوُز النسبة النظامية بناءً على طلبه أو مو
- Article 11
The article details the landowner's entitlement to compensation for what is taken for planning or main roads, inside and outside the development protection boundary, according to the statutory percentage or the 12% rate and the ten-thousand-square-meter limit.
يستحق مالك الأرض التعويض عما يقتطع لمصلحة التخطيط أو لتحديد وتنفيذ شبكات الطرق الرئيسة، وفقاً لما يأتي : أولاً : بالنسبة إلى ما هو واقع داخل حدود حماية التنمية
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.