The Fairness of Compensation for Expropriations for Road Construction in Jordanian Law: A Comparative Study

Abstract

Constitutions in comparative countries have recognised the right of administrative authorities to expropriate real estate for public benefit, provided that fair compensation is offered in return. Legislation issued based on these constitutions emphasised the owner's right to fair compensation, but they differed in defining the concept of fair compensation. Some stipulated that compensation must be complete for all expropriated real estate. In contrast, others adopted the concept of a free quarter in expropriations related to roads, as seen in Jordanian law. This study came to demonstrate the justice of deducting the free quarter without expropriation. The study concludes that deducting the free quarter in expropriations for road purposes violates the principle of justice between the persons whose real estate is expropriated because expropriation may sometimes lead to a decrease in the value of real estate rather than an increase.