Judicial principles and studies
Effect of "Green Area" Zoning on Right of Use and Claim for Compensation in Lieu of Fair Rent
The points indicate that labeling land as a "green area" alone does not prove deprivation of use; claiming compensation in lieu of fair rent requires proving the elements of liability and sufficient evidence of interference. The appellate court should verify whether the removal of the zoning designation completed legal steps and may seek clarification from the municipality under Articles (100, 185).
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
The study examines whether designating part of land as a "green area" constitutes actual possession or prevents owners from using their property, and whether that supports a claim for compensation in lieu of fair rent.
Summary
- Labeling land as a "green area" alone does not automatically establish physical possession or deprivation of use. - To obtain compensation in lieu of fair rent, the claimant must prove the elements of a compensation claim, demonstrate the damage, and provide sufficient evidence of the interference that prevented owners from exploiting the land in its various uses. - The appellate court must assess the elements of civil liability under the law of harmful acts rather than assume that mere zoning is an unlawful act. If the designation has been removed, the court should exercise its powers under Articles (100, 185) of the Civil Procedure Law and request the Greater Amman Municipality to clarify whether the amending plan completed its legal steps, whether it is final, and what legal effect it has against the plaintiffs.
Practical significance
Courts should require concrete proof of loss of use before awarding compensation and may summon municipal explanations about the finality and binding effect of zoning changes. This content is an educational summary and does not constitute a judicial text or legal advice.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.