5
(c)
that the operator shall adhere to the conditions and measures prescribed
by the Authority for the avoidance or limitation of damages that may be
caused to the owner of the real property or a third party.
If an agreement between the operator and the owner of the real property or the
Person with a right thereto cannot be reached with respect to the amount of the
compensation, the Authority shall determine a fair compensation to be given to
the owner of the real property or the Person with a right thereto. For this
purpose, the Authority may seek the assistance of one or more experts.
The operator shall in all cases bear the expenses of the Authority and the fees
of the experts delegated by the Authority for the determination of the amount of
compensation.
(d)
The owner of the real property or the Person with a right thereto may appeal
against the decision issued by the Authority in accordance with the provisions
of this Article before the High Civil Court within sixty days from the date of
notifying said owner or entitled Persons of the decision.
ARTICLE 62
EXPROPRIATION
If the construction or development of a Public Telecommunications Network requires
the acquisition of a third party’s real property by the operator of the network, and the
owner refuses to sell such property or part thereof at a fair price, the operator shall
have the right to request the expropriation of that real property or the part thereof
that is necessary – provided that this shall not adversely affect use of the remaining
part of the real property – for the construction of the network according to the
following procedures:
1.
The network operator shall submit an application to the Authority
requesting that the necessary legal steps be taken for the expropriation of
the real property or part thereof, accompanying his application with the
technical grounds that justify such application.
2.
If the Board finds that such real property or the relevant part thereof is
necessary for the establishment or development of such network and that
there is no other technically and economically reasonable solution, it may
submit a recommendation to the Minister of Housing and Agriculture to
consider the project to construct or develop (as the case may be) the
communications network a project for the public benefit and to take the
measures for expropriation in accordance with the provisions of the
Expropriation of Land for Public Benefit Law.
3.
The Minister of Housing and Agriculture shall, after approving the
recommendations of the Board, issue a resolution providing for
expropriation of the real property or the relevant part thereof for the benefit
of the Licensee in accordance with the rules and procedures provided for
in the Expropriation of Land for Public Benefit Law.
-44Translation dated 12 April 2009
This is an unofficial translation of the Law. It is provided for information purposes only. Reliance may only be placed upon the
official Arabic version of the Law published in the Official Gazette of the Kingdom of Bahrain. Any comments on this translation
will be gratefully received by the Authority. Please email any comments to: contact@tra.org.bh