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08 Rabee' Al-Awwal 1445

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Law No. 10 of 1987 with regard to Public and Private State Property

Law Summary Record Type: LawNumber: 10Date: 05/05/1987 Corresponding to 07/09/1407 HijriNumber of Articles: 27Status: In force

Official Gazette :Issue: 5Offcial Journal Issue Publication Date: 01/01/1987 Corresponding to 01/05/1407 HijriPage from: 758

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Part 1: Public State Property

1 Article

Public State property is the immovable and movable property that belongs to the State or to public legal entities that are de facto dedicated for public benefit or under a law, decree, Emiri decree or Cabinet resolution.

Such property may not be disposed of by any kind of legal transaction, or attachment, or taken over by prescription or the acquisition of any tangible right thereover. Furthermore, such property may not be acquired or utilized in any way except in the cases and under the conditions prescribed by the law.

Anything that takes places in violation of the above shall be void. Where there is any infringement on this property, the body that is tasked with the management or supervision thereof may remove the infringement administratively.

2 Article

The allocation of something for public benefit shall be actual, by the State’s creating the item privately owned thereby for public benefit and actually reserving it for this benefit.

Where such item is owned by individuals, its ownership shall, first be transferred to the State.

No person may be deprived of his property except in the cases determined by law and in the manner prescribed thereby.

Such deprivation shall be in exchange of fair consideration in accordance with the law taking into account the special customary rules and regulations applicable in this regard.

3 Article

The following shall be deemed Public State property:

(a) The seashore until the farthest distance the tide waves reach with a shore sanctuary for a distance of ten meters.

(b) Lakes, ponds and salt marshes linked to the sea, with the reserve of the piece of land surrounding them for a distance of ten meters.

(c) Land that is exposed by the low tide water of the sea, ponds, swamps and water canals and channels that had not been previously owned by anyone.

(d) Roads, streets, lanes and public squares.

(e) Lines and means of transportation and public land, sea and air transport.

(f) Ports, harbours, marinas, docks, marine basins, bays, navigation channels, and marine dams.

(g) Water canals, streams, underground and aboveground water channels, and water tanks intended for general distribution.

(h) Telephone and telegraph wired and wireless public communications networks, electricity networks intended for public lighting, public radio and television transmission networks, and tools, equipment and installations of these networks.

(i) Fortification, defence and land installations in areas of fortifications, arsenals and military camps, weapons and war material, war ships, vessels and boats.

(j) Real estate and real estate by destination, allocated to the Emiri council, the ministries, government interests and public legal entities.

(k) Public museums, monuments and libraries.

(l) Mosques and Friday mosques, subject to the provisions of Islamic law relating to endowment.

4 Article

Public immoveable property of the State shall be demarcated and identified on public survey maps. No real estate documents shall be opened for them in the Real Estate Registry unless there are rights of disposal, benefit or easement by virtue of local customs.

The identification and registration of public property shall take place in accordance with the preceding paragraph. While applying for real estate registration and establishing private ownership, the relevant employee shall record the borders on the survey map of ??the State during the demarcation of the private property required to be registered, or at the request of the relevant department which this property falls under or any other body concerned.

Objections may be raised against the demarcation and identification of public real estate on the survey maps; and against the resolution issued for opening the real estate papers in the Real Estate Registry; before the “Real Estate Registration Committee” established by Cabinet resolution No. 1 of 1976.

For the notification of stakeholders of the resolutions of this committee and in the announcement of these resolutions and objection thereto, the provisions of Cabinet Resolution No. (2) of 1977, referred to shall be followed.

5 Article

A natural or legal person may be granted, by a decree, a concession to benefit from or utilize a specific asset of public State property.

A decree granting the concession shall be issued based upon a proposal of the relevant authority in accordance with the nature of the use of the property or properties subject to the concession. The property subject to the concession, the duration of the concession, its conditions and the obligations of the concessionaire shall be specified in the decree.

6 Article

The concession may be cancelled and the license withdrawn prior to the expiry of the specified period by a decree which shall be the issued based on the proposal of the relevant authority referred to in the preceding article.

If the cancellation is not on account of the negligence of the concessionaire, he may be granted all or part of the costs or expenses he incurred, provided that the benefits that he may have earned during the period of occupation, the grants and aid received from the State and the loss incurred due to the withdrawal of the license are taken into consideration.

The assessment of the costs and expenses shall be done by a committee which shall be formed by an Emiri resolution.

6 Article BIS

With the exception of public utilities and natural resources, a specific asset of public state property may be leased to a natural or legal person for the purpose of taking benefit therefrom or utilizing the same.

The lease contracts shall be subject to ratification by the Emir if the annual rental value is in excess of 500,000 (five hundred thousand) riyals, and the ratification of the Minister of Finance and Trade if it does not exceed this value.

7 Article

Public property shall lose its status if it ceases to be allocated for public benefit.

It shall cease to be allocated for public benefit by virtue of a law, decree, Emiri resolution or Cabinet resolution; indeed or by the termination of the purpose for which the property was allocated for public benefit.

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