Land and property law in Israel is a legal property component of Israeli law, provides a legal framework for ownership and rights in other brakes against all forms of property in Israel, including real estate (land) and movable property. In addition to real property, economic rights are also usually treated as property, in addition to being protected by legal obligations.
Video Israeli land and property laws
Prinsip
Israel emerged on May 14, 1948 with the Declaration of Independence. The first legislative law of the Provisional State Council is the "Laws and Administration 1948", an admissions law. This act adopts all existing laws "with such modifications as may result from the establishment of the State or its authority." Due to the question of land law, Ottoman law, as modified by the UK land law during the Mandate period, continues to apply. Much of this law has been lifted in the last quarter of the 20th century.
Over time, a modern set of laws has been passed. This is largely a codification of common legal norms, albeit with an important continental influence. Heads include Land Law, 1969 and Mobile Property Law, 1971. They are joined by many other legislative acts relating to property law, in addition to the highly detailed legal entity cases by the Supreme Court and lower courts. Some of the key principles of Israeli property law are:
- In land law, the title registration system (Torrens title) exists, allowing anyone to quickly retrieve (usually via the Internet) a summary of ownership and other rights to a piece of land. The legal transfer of land is only effected when the deed is enacted and registered in the Land Registry Bureau (also known as Tabo or Tabu, ????). Under the Torrens rights system, Land Registration serves as an absolute guarantee of the title, allowing for the negotiation of land transactions that are relatively easy and secure. By 2016, about 4% of the country's territory is still listed under the pre-Torrens registration system.
- Private property enjoys considerable protection from encroachment, whether by other private parties or by the government. Even when a flagship domain is used, the government almost universally has to compensate for the fair value of the land.
- Although private ownership of the land is common (especially in urban areas), most of the land in Israel (over 90% of the land area) is in possession of either the State of Israel, the Development Authority (Rashut Hapituakh, ???? ?? ????) or the Jewish National Fund. According to the Basic Law: Land of Israel, ratified in 1960, the land owned by these three bodies is administered by the Israeli Land Authority (ILA). Owned land is often leased to private persons, usually on long-term leases for a period of 99 years. This creates a situation in which, on the one hand, the land is privately held for most practical purposes; on the other hand, ILA still holds considerable bureaucratic power over citizens, especially during the transfer of leases from one person to another, or other procedures related to land use and registration, where legislation requires ongoing approval or engagement by ILA.. Beginning in the first decade of the 21st century, the Knesset has enacted legislation that encourages the transfer of full ownership, without additional payments, from the agency represented by the ILA to the lessee, who thus becomes the owner.
- The most common type of housing in Israel is condominiums. The Land Law, 1969 details the legal structure of this type of property, including tenant rights among themselves (especially in terms of public areas) and against third parties. A contract document, a regulation (takanon, ?????), must exist for each condominium; often, the general rule, given as an annex to the Land Law, 1969, is used, but many condos have more detailed regulations, which are approved by the owners of the apartment.
- The Land Law, 1969 implements a "closed list" approach, listing five types of possible ownership claims to the land: ownership, lease (including rent), mortgages, useful uses and the right of first refusal. However, in practice, other types of claims exist and are treated equally. In addition, warning or warning notes (he'arat azhara, ????????) are regularly placed in the Land Registry after the transaction is approved and before its registration is completed. In many cases, due to various obstacles to completing the registration, the warning notes remain in the Land Registry for decades, usually considered to provide adequate protection for the interests of the acquirer.
Maps Israeli land and property laws
Overview
In 1945, from 26.4 million dunes (26,400 km²) land in Mandatory Palestine, 12.8 million owned or held by Arabs, 1.5 million by Jews, 1.5 million were public land and 10.6 million is a remote Beersheba district. (Negev). Of the 9.2 million dunam land that can be cultivated, 7.8 million dunam are owned by Arabs, 1.2 million by Jews and 0.2 million are public lands. In 1949, about 700,000 Palestinians had escaped or were expelled from their lands and villages. Israel now controls about 20.5 million dunam (about 20,500 km²) or 78% of the land in the former Palestinian Territory: 8% (about 1,650 km²) is privately controlled by Jews, 6% (about 1,300 Ã, kmÃ, ²) by Arabs, with the remaining 86% being public land. Land laws are legalized to legalize land ownership changes.
As in 2007, the Israeli Land Administration (ILA), which was established in 1960, manages 93% of the land of Israel consisting of 19,508 km² under the following land laws and policies. The remaining 7% of the land is private property or under the protection of religious authorities.
- Basic Law: The Land of Israel (1960) states that all lands owned by the state of Israel will remain in state ownership, and will not be sold or given to anyone, but allow Kenesset to override the prohibition of privatization by law - invite.
- Israel Lands Law (1960) specifies some exceptions to the basic law.
- The Israeli Land Administration Law (1960) outlines details of the establishment and operation of the Israeli Land Administration.
- Agreement between the State of Israel and the World Zionist Organization (establishing the Jewish National Fund) (1960).
13 per cent of Israel's land belonging to the Jewish National Fund, run by ILA.
Land use in Israel usually means the lease rights of the ILA for a period of 49 or 98 years. Under Israeli law, the ILA can not lease land to foreign nationals, who belong to Jerusalem citizens who have identity cards but are not Israeli citizens. In practice, foreigners may be allowed to rent if they indicate that they will qualify as Jews under the Return Law.
History
Ottoman era
The Ottoman Empire embarked on a systematic land reform program in the second half of the nineteenth century. Two of the new laws are the 1858 land registration law and the land emancipation act of 1873. Prior to 1858, the land in Palestine, which had been part of the Ottoman Empire since 1516, was cultivated or occupied mainly by peasants. Land ownership is governed by people who live on the land according to customs and traditions. Typically, land is communally owned by villagers, although the land may be owned by individuals or families.
The Ottoman Land Code of 1858 requires landowners to register ownership. The reasons behind the law are two: (1) to increase tax revenues, and (2) to allow the government to exercise greater state control over the territory. However, many farmers do not register their claims, for several reasons: for example, landowners are subject to military service in the Ottoman Army, there is general opposition to the official rule of the Ottoman Empire, and to avoid paying taxes and registration fees to the Ottoman Empire.
The registration process itself is open to counterfeiting and manipulation. The land collectively owned by the villagers was eventually registered to one villager, and local Ottoman traders and administrators took the opportunity to register large areas of land on their own behalf. The result is that the land becomes registered for people who have never lived on land; while the peasants, having lived there for generations, retained possession, but became tenants of absentees.
The land acquisition law of 1873 gave the Jews the right to own land in Palestine by their own name. This secular civil agrarian/civil rights law of 1873 is severely misunderstood by religious law and is considered "an insult to Islam that Jews must have a part of the Muslim Ummah". Confusion between religion and secular law makes the law (which ended in 1873) against the ownership of Jewish 'religious law'.
Over the next decade, the land becomes increasingly concentrated in fewer hands; farmers continue to work on the ground, giving landlords a share of the harvest. This led to an increase in the level of Palestinian nationalism as well as civil unrest. At the same time, the area witnessed an increase in the flow of Jewish immigrants who did not restrict themselves to cities where their concentration offered protection from the persecution. These Jews came with the hope of creating a new future in what they regarded as their ancestral homeland. Organizations created to assist Jewish settlements in Palestine buy land from Arab landowners and those not present.
English Mandate
World War I and the dissolution of the Ottoman Empire caused British control over the region in 1917, followed by the establishment of the Palestinian Mandate for Palestine by the League of Nations in 1922, which remained in effect until the establishment of Israel in 1948. this period some new land legislation was introduced, including the Land Transfer Laws 1920, the Corrections of the Land Registration Law of 1926 and the Land Acquisition Law of 1928.
It is the policy of the Zionist Organization to encourage the acquisition of land by Jews in Palestine for Jewish settlements. For that purpose, the Fifth Zionist Congress (1901) established JNF to purchase suitable land. The JNF rules forbade him to sell the land he acquired, but to lease it. Land owned by JNF is leased to kibbutzim and other Jewish settlements for long-term leases. By the end of 1935, JNF had 89,500 acres (362Ã,²Ã,²) of 108 Jewish community housing estate. In 1939, 10% of the Jewish population of the British Mandate in Palestine lived on JNF land. JNF ownership at the end of the British Mandate period is 936 km². In 1948, JNF owns 54% of the land owned by Jews in the region, or slightly less than 4% of the land in Palestine (excluding Transyordania).
From 1936, the British government introduced a series of land rules: the 1940 Land Transfer Regulation divides the country into zones, with different restrictions on the sale of land in each. As summarized by the Anglo-American Investigation Committee in 1946,
In Zone A, which comprises about 63 percent of the country including rocky hills, the transfer of land saving to Arab Palestinians is generally prohibited. In Zone B. comprising about 32 percent of the country, the transfer of Arab Palestine deposited to other Palestinian Arabs is severely restricted to the wisdom of the High Commissioner. In another part of Palestine, which consists of about five percent of the country-which, however, includes the most fertile areas - the sale of land remains unrestricted.
The investigation recommends the lifting of the Rules, without effect.
The State of Israel
After the declaration of Israel's independence on May 14, 1948, the Mandat states were returned to the State of Israel. In addition, the property abandoned by Arab refugees goes into control of the new Israeli government. The newly formed Israeli ministries, committees and ministries took over the functions previously undertaken by the 'National Institute'. One of the first steps adopted by the new state is the reactivation of the [Defense Rules] [Emergency] which was adopted earlier by the British in 1939 (and later revoked). Since British regulations have been applied to the whole country, the Government of Israel passed the Laws and Administration [Amendment] [1948] to reverse the English revocation and restore this Emergency Rule . Some of this land is sold by the government to JNF, which has developed expertise in reclaiming and developing waste and barren land and making it productive.
In 1960, under the Basic Law: Land of Israel, JNF's land and government-owned land were jointly defined as "land of Israel," and the principle was stipulated that the land would be leased rather than sold. JNF retains ownership of the land, but administrative responsibilities for JNF land and government-owned land, are forwarded to a newly created agency called the Israeli Land Administration or ILA. The principle of rent is hardly new to the region but as it was practiced for centuries under the Ottoman tapu system. To this day, the Land Registry Office is commonly known in Israel as tabu , Arabic pronunciation from Turkish tapu .
Emergency laws and regulations
Proclamation, 5708-1948
The Proclamation revoked the White Paper of 1939 and sections 13 and 15 of the Immigration Ordinance of 1941 .
It also revoked the retroactive Land Transfer Act in 1940 until May 18, 1939, canceling transactions conducted since then.
Legal and Administrative Law, 5708-1948
Law and Administration Ordinance, 5708-1948 in the Wayback Machine (archived October 28, 2009) defines competence and composition of the Provisional Government. The law repeal sections 13 to 15 of the Immigration Ordinance 1941 and 102-107C regulations of the Defense Regulations (State of Emergency) in 1945, to allow the Jews who entered the country illegally. under the Mandate to remain as a legal immigrant. The 1940 Land Transfers Regulation was retroactively withdrawn from May 18, 1939, to allow unregistered transfers to be filed. In 1967, the law was used for the de facto annexation of East Jerusalem.
Areas of Jurisdiction and Powers Law, 5708-1948
After the 1948 Arab-Israeli War, Jurisdiction and Strength Legal Territory, 5708-1948, extended the Israeli land law to "every part of Palestine set by the Minister of Defense with the proclamation held by the Israeli Defense Forces" Article 3 of the law makes it applicable ebbed and effective from May 15, 1948, the day after the declaration of the establishment of the State of Israel.
Ordinance of Degraded Area, 5708-1948
The Law of a Released Area , 5708-1948 in the Wayback Machine (published 28 October 2009) (published June 30, 1948, retroactively since May 16, 1948) defines "abandoned areas" as "any area or a place conquered by or assigned to the armed forces or abandoned by all or part of its inhabitants, and which has been declared by order to become a neglected area ". The ordinance also regulates to regulate "takeover and seizure of movable and immovable property, within abandoned territory". The government is authorized to determine what to do with this property.
Defense Rules (Emergency)
Article 125
Article 125 states:
A Military Commander may by order declare any area or place to be a closed area for the purposes of this rule. Any person who, during the period in which such orders apply in relation to any area or place, enters or leaves the area or place without the express written permission issued by or on behalf of the Military Commander shall be guilty of breach of this Regulation.
According to Kirshbaum, the law is used to exclude landowners from their own land so that they can be acquired under the Land Acquisition Act (Validation of Acts and Indemnities) (1953) .
Emergency Regulations (Security), 5709- 1949
According to the Journal of Palestine Studies, the law sets a region as a "security zone" meaning that no one can permanently live in, enter, or be in the zone. According to COHRE and BADIL (p.40), "this measure is widely used in different parts of the country, including the area of ​​Galilee, near the Gaza Strip and close to the border, purchased will often be sold to JNF. "
Emergency Rules ( Land Investment Law [Not Worked]), 5709-1949
According to COHRE and BADIL (page 40) the law was initially enacted in 1948 and was amended in 1951 as the Emergency Regulations (Waste Farming) Act, 5711-1951. This law authorizes the Ministry of Agriculture to state the land as 'waste' land (Article 2) and to take over 'unreached land' (Article 4). Article 2 states:
The Minister of Agriculture may warn the owner of the waste land to cultivate the land or ensure that the land is cultivated.
Article 4 reads:
If the owner of the waste land does not apply to the Minister of Agriculture as defined in rule 3, or if the Minister of Agriculture is not satisfied that the landowner has started or will soon begin or will continue to cultivate the land, the Minister of Agriculture may take control of the land to ensure its cultivation.
COHRE and BADIL (page 40) consider that "this law operates in conjunction with other laws including those stating 'security territory.' Once people (Arabs) are prohibited from their lands, this can be defined as 'untreated' and confiscated ".
Land Direction (Regulation) Emergency Act, 5710 -1949
This law invalidates the Law of Harassment Rules (Property Request) previously, 5709-1948 . The law confirms the land demand when (Article 3):
... the making of orders is necessary for the defense of the state, public security, the maintenance of essential supplies or essential public services, the absorption of immigrants or the rehabilitation of former soldiers or war defects.
This law includes clauses regarding housing requests (chapter three), and countries (Article 22b) that:
The competent authority may use force to the extent necessary to carry out an order established by the competent authority or the decision given by the appeals committee under this Act.
According to COHRE and BADIL (page 41), "the law retroactively legalizes land and housing redemptions made under existing emergency regulations This law was amended in 1952 and 1953. The 1955 amendment, Temporary Procurement) Law, 5715-1955, allows the Government to retain property seized under the law for more than three years previously specified. As with later (1957) amendments, the law also provides that any property held after 1956 shall be determined to have been obtained on the basis of British Land (Acquisition for the Public Interest) 1943 Ordinance .
The' Absentees Property Law '
The 'Absent' property 'laws are some of the laws that were first introduced as emergency procedures issued by Jewish leadership but which after the war were incorporated into Israeli law. As an example of the first type of law is the Law of Emergency (Absentee Ownership) 5709-1948 (December) which, under section 37 of the Unconditional Ownership Act, 5710-1950 > replaced by the last; Legal Emergency Rules (Property Takeover), 5709-1949 , and other related laws.
According to COHRE and BADIL (page 41), unlike other laws designed to establish the control of Israeli law on land, this legal entity focuses on the formulation of legal definitions for the people (mostly Arabs) who have abandoned or been forced to run of this land. Specific laws in this category include:
- Unconditioned Ownership Act, 5710-1950
- Land Acquisition Act (Story and Compensation Validation), 5713-1953
- Property Ownership (Eviction) Law, 5718-1958
- Non-Permanent Ownership (Amendment No.3) (Release and Use of Waqf Law) Law, 5725-1965
- The Absent Property (Amendment No. 4) (Release and Use of Evangelical Episcopal Church Wealth), 5727-1967
- Wealth Law (Compensation) Absent, 5733-1973
As a result, two million dunams were confiscated and handed over to the guards, who then transferred the land to the development authority. This law creates a new civic category of "absent attendance" (nifkadim nohahim), people present at the time but considered absent for legal purposes. These Israeli Arabs enjoy all civil rights - including the right to vote in the Knesset election - except one: the right to use and dispose of their property. Around 30,000-35,000 Palestinians become "absent attendees".
According to Simha Flapan, "a detailed description of how abandoned Arab property helps in the absorption of new immigrants prepared by Joseph Schechtman":
It is difficult to overstate the overwhelming role that many of these abandoned Arab properties have played in the settlement of the hundreds of thousands of Jewish immigrants who have reached Israel since the state proclamation in May 1948. Forty-seven new rural settlements were established in these locations. of Arab villages abandoned in October 1949 have absorbed 25,255 new immigrants. In the spring of 1950, more than 1 million dunams had been hired by custodians to Jewish settlements and individual farmers to cultivate wheat crops.
A large amount of land belonging to the absent Arabs has also been leased to Jewish settlers, old and new, to raise vegetables. To the south alone, 15,000 vineyard and fruit trees have been leased to cooperative settlements; Similar areas have been hired by the Yemeni Association, the Peasants' Association, and the Army Settlement and Rehabilitation Board. This has saved the Jewish Agents and the millions of dollars. While the average cost of establishing immigrant families in new settlements is from $ 7,500 to $ 9,000, the costs in abandoned Arab villages do not exceed $ 1,500 ($ 750 to build repairs and $ 750 for livestock and equipment).
Arab homes abandoned in the cities also do not remain vacant. By the end of July 1948, 170,000 people, mainly new immigrants and former soldiers, in addition to some 40,000 former tenants, both Jews and Arabs, had been placed in the building under custodial control; and 7,000 shops, workshops and stores rent out to newcomers. The existence of Arab houses empty and ready for occupation-has, for the most part, solved the biggest direct problem facing the Israeli government in the absorption of immigrants. It also greatly reduces the financial burden of absorption.
How much of Israel's territory consists of land confiscated by the Uncontrollable Ownership Act is uncertain and much debated. Robert Fisk interviewed the Israeli Custodian of Absentee Property, which estimates it could reach up to 70% of Israel's territory, the West Bank and Gaza Strip:
- The Custodian of Absentee Property does not choose to discuss politics. But when asked how much land the state of Israel has the potential to have two plaintiffs - an Arab and a Jew holds the British Mandate and the deed of Israel for the same property - Mr. Manor [the Custodian in 1980] believes that 'about 70 percent' may fall into that category (Robert Fisk, 'Land of Palestine, Part Eight: Recipient of the Absent Property', The Times , December 24, 1980, quoted in his book Pity Nation: Lebanon in War ).
The Jewish Virtual Library, estimates that Custodian and Absentee land comprises 12% of Israel's total territory.
Jewish National Fund, from the Jewish village of Israel , 1949:
Of the entire territory of the State of Israel only about 300,000-400,000 dumum - regardless of the barren rocky areas in the south of the Negev, currently quite unfit for cultivation - is the State Domain taken over by the Government of Israel from the mandatory regime. The J.N.F. and private Jewish owners have under two million dunums. Almost all the rest are legal to Arab owners, many of whom have left the country. The fate of these Arabs will be resolved when the terms of the peace agreement between Israel and its Arab neighbors are finally made. J.N.F., however, can not wait until later to get the land needed for his urgent needs. Therefore, acquire a portion of the land left behind by Arab owners, through the Government of Israel, the sovereign ruler of Israel. Whatever the final fate of the Arabs concerned, it is evident that their legal rights to their land and property in Israel, or their monetary value, will not be abolished, nor do they want the Jews to ignore them.... [C] examination by force of arms can not, in law or ethics, void the right of the rightful owner of his personal property. J.N.F., therefore, will pay for foreclosed land, at a fixed and fair price.
The absent property plays a major role in making Israel a viable country. In 1954, more than one-third of the Jewish population of Israel lived in absentee properties and nearly a third of the new immigrants (250,000 people) settled in urban areas abandoned by Arabs. Of the 370 new Jewish settlements established between 1948 and 1953, 350 people lived on absent property (Peretz, Israel and Palestine Arab , 1958).
The Absentees' Property Law, 5710-1950
This law supersedes the Law of Emergency Rules (Absent Ownership), 5709-1948 . According to Sabri Jiryis (p.Ã, 84), the definition of "absentee" in the law is framed in such a way as to ensure that it is applied to every Palestinian or Palestinian citizen who has abandoned his ordinary residence in Palestine for any place in or overseas after the adoption of Palestinian partition resolution by the UN. Article 1 (b) states that "absence" means:
"absent" means -
(1) a person who, at any time during the period between 16th Kislev, 5708 (29 November 1947) and the day in which the declaration was issued, pursuant to section 9 (d) of Laws and Administration 5708-1948 (1) emergency declared by the Provisional State Council on 10 Iyar, 5708 (May 19, 1948) (2) has disappeared, is the rightful owner of any property located in the territory of Israel or enjoyed or held, either by himself or through others, and who, at any time during that period -
(2) the bodies of persons who, at any time during the period specified in paragraph (1), are the rightful owners of any property situated in the territory of Israel or enjoy or hold the property, either by itself or by others, and all members , partners, shareholders, directors or managers who are not present in the meaning of paragraph (1), or business management expressly controlled by such absence, or any capital held in such absence;
- (i) are citizens or citizens of Lebanon, Egypt, Syria, SaudiArabia, Trans-Jordan, Iraq or Yemen, or
- (ii) exist in one of these countries or in any part of Palestine outside the territory of Israel, or
- (iii) is a Palestinian citizen and leaves his ordinary residence in Palestine
- (a) for places outside Palestine before the 27th, 5708 (September 1, 1948); or
- (b) for a place in Palestine held at that time by troops seeking to prevent the formation of the State of Israel or who fought against it after its formation;
According to COHRE and BADIL (page 41), the provisions in the law ensure that the term 'person' does not apply to Jews. The law also applies to Arabs who have become Israeli citizens but are not in their ordinary residence as provided by law. In this case, they are referred to as 'absent attendees' and many lose their land.
The law then appoints the Board of Custodians for No Mean Rights, whose president will be known as the Absent Property Guard '(Article 2). The law then makes these properties as legal ownership of the Custodian. According to Art. 4. (a) (2):
any rights not present in a property shall be automatically granted to the Insurer at the time of the transfer of the property; and the status of the Custodian must be the same as the property owner.
According to COHRE and BADIL (page 41), those found to occupy property in violation of this law may be expelled, and those who build the property may have their structures destroyed. The law applies not only to fleeing Palestinians but also to those who are far from their normal place of residence (as described in the previous paragraph).
According to the Israeli Government Annual Report, 5719 (1958)
(p.Ã, 235), the "absenteeism" village property "adapted by the Absent-owned Custodian" includes "[the ground of] about 350 completely abandoned or semi-abandoned [Arab] villages, an aggregate area of ​​about three quarters of a million million.... Among the properties of agriculture are 80,000 dunums of abandoned forests... [and] more than 200,000 plantation dunums taken over by a custodian. "It is estimated that" urban property... including [d] 25,416 buildings where there are 57,497 residential buildings and 10,727 business and commercial buildings. "
According to COHRE and BADIL (p. 41), "the estimated total amount of 'abandoned' land claimed by Israel varies between 4.2 and 5.8 million dunums (4 200-5800Ã, ².) Between 1948 and 1953 alone, 350 of 370 settlements New Jews were created on land confiscated under the Law of Possessions of No Owners. "
The Absentees' Property Law underwent several changes, including:
- The Absentee Ownership (Amendment) Act, 5711-1951 in the Wayback Machine (archived October 28, 2009),
- The Absent Ownership (Amendment) Law, 5716-1956 at Wayback Machine (archived October 28, 2009).
Both of these amendments clarify the tenant's lease and tenant's protection arrangements for the property.
- The Absent 'Property (Amendment No. 5) (Increased Payment for Addiction and Dependency Absence) Laws, 5727-1967 at Wayback Machine (archived October 28, 2009) and subsequent amendments last.
Land Procurement (Validation Law of Acts and Compensation, 5713-1953
According to COHRE and BADIL (p.42), the Government of Israel does not automatically get the rights to land confiscated under the Act of No Ownership. This is done under the Land Acquisition Act (Validation of Acts and Compensation), 5713-1953 . This law legalizes takeovers (retroactively in most cases) for military purposes or for the establishment of (Jewish) settlements.
The law allows the Government to claim land properties not owned by its owners as of 1 April 1952. Article 2 (a) states:
Property with respect to which the Minister certifies under his/her hand--
- (1) that on 6th Nisan, 5712 (1 April 1952) it does not belong to its owner; and
- (2) that in the period between 5 Iyar, 5708 (May 14, 1948) and 6th Nisan, 5712 (Ist April 1952) it is used or assigned for important development, settlement or security purposes; and
- (3) which is still required for one of these purposes
It further states monetary compensation for those who lost their land and that in this case land related to agricultural land, where the land becomes their main source of livelihood, land elsewhere will be offered. Article 3 reads:
(A) The owners of the acquired property shall be entitled to compensation therefore from the Development Authority. Compensation will be provided in the form of money, unless otherwise agreed between the owner and the Development Authority. The amount of compensation shall be determined by agreement between the Development Authority and the owner or, if no agreement, by the Court, which is subsequently granted.
(B) Where the property acquired is used for agriculture and is the main source of livelihood of the owner, and he has no other land adequate for his livelihood, the Development Authority will, at his request, offer another property, whether for ownership or for rent, as full or partial compensation. The competent authority, to be designated for this purpose by the Minister, shall, in accordance with the rules to be determined by the rules, specify the category, location, area, and, in the case of lease, the lease period (not less than 49 years) and the value of the property offered, both for the purpose of calculating compensation and for the determination of the adequacy of such property for livelihood.
(c) The provisions of paragraph (b) shall add, and not be degrading, the provisions of paragraph (a).
According to Alexandre Kedar (p.1 153), until 1959, compensation was calculated on the basis of 1950 land value. The authors cite the ILO 1965 report which shows that more than 1.2 million dunums (about 1,200 km²) of Arab land were taken in this way.
The Absentee Ownership (Amendment No.3) (Release and Use of Waqf Law) Law, 5725-1965
Archived October 28, 2009, at the Wayback Machine.
This law expands the scope of the Proprietary Property Law 'and the previous regulation on the empowerment of Muslim faiths, endowments. Article 29A (c) states:
For the purposes of this section and sections 29B to 29H, "endowment property" means the property of a Muslim waqf which becomes a legally-owned property that is legally dedicated.
According to COHRE and BADIL (page 41), it allows the government to confiscate Muslim property (property) and land, including cemeteries and mosques, and put them under government administration. According to law, revenues from this property will be used partly to build institutions and provide services to the Muslim population in the areas where the property is located. The law changed the 1950 law in the following way:
In section 4 of the Act of No Ownership, 5710-1950 (1) (hereinafter referred to as "the main Law"), the following subsections shall be inserted after paragraph (a):
(b) This section shall be retroactively effective from the date of entry into force of the main Act.
- (1) Where any property is a contribution under any law, its ownership shall be protected in a Custodian free from any such restrictions, qualifications or other similar constraints, either before or after vesting, by or under any laws or documents relating to the endowment if the owner of the property, or any person who owns the rights or property management rights, or the beneficiary of the perpetual Fund, is absent. Vesting is from the 10th Kislev, 5709 (December 12, 1948) or from the day when any of the above mentioned becomes absent, which is the date to come.
- (2) The provisions of this paragraph shall not invalidate any restrictions, qualifications or other similar restrictions as may be determined by or under this Act or subject to the Custodian and shall not void the transactions conducted by it. ".
Menurut Meron Benvenisti:
"Most of the Waqf properties in Israel are seized under the Law of Absentees Not Present (resulting in sarcastic sarcasm -" Apparently God is absent [in Israel] ") and afterwards submitted to the Development Authority, as if because it is necessary to prevent it being ignored, but in fact it is possible to sell it. Only about a third of Muslim Waqf's property, especially the mosques and cemeteries currently in use, were not taken over.In 1956, his government was handed over to the Board of Trustees of Muslim Waqf, which at the time consisted of collaborators appointed by authorities ". This" watchdog "will sell or" trade "land with ILA without any accountability to the Muslim community, and anger at this act leads to acts of violence in the community, including murder."
The Property Ownership (Compensation) Law, 5733-1973 [3]
This law establishes a procedure for compensating landowners who have been confiscated under the Act of No Present Ownership (1950) . It specifies the requirement to be eligible for compensation (Article 1):
The persons entitled to compensation are those who became citizens of Israel on 1 July 1973, or become residents thereafter, and before the property which belongs to the Absentee Property Recipient
- 1. the property owner, including his heirs, or
- 2. tenants are only urban property, including spouses who live with them on the last mentioned date, or
- 3. renters property, or
- 4.the owner of any amenity in the property.
Other provisions specify a time limit that is legally allowed to make a claim, whether compensation will be given in cash or bonds (depending on circumstances), payment schedule (generally over a period of fifteen years) and other terms. Added to the legislation is a detailed schedule of how compensation is calculated for each type of property, urban or agricultural. Some provisions of this law have been changed in the coming years.
Land Commands (Acquisitions for Public Interest) (1943)
This ordinance was originally enacted by the British in 1943 and subsequently used by Israel to authorize the seizure of land for the purposes of the Government and the 'public' (see leading domain ). This includes building Government offices, creating land and parks, and the like. Kedar (p.156) describes this law as "the main common land acquisition law prevailing in Israel today".
The 1964 amendment of this law, the Acquisition for the Public Interest (Amendment of Provisions) Act, 5724-1964 , specifies the procedures to be followed in land acquisition under this and other laws, including the original Land Commands (1943), Urban Planning Ordinance (1936) , and Road and Railway Ordinance (Defense and Development) (1943) The 1964 amendment also specifies circumstances where no there is compensation to be offered to those whose land has been foreclosed; generally, where the takeover has taken place before the entry into force of this law. Additional amendments were corrected by various laws in which the land could be taken over, replacing Israeli law for earlier English versions and clarifying the right to compensation.
According to COHRE and BADIL (page 43), Israel used this law extensively to take over the land of Palestine. Many Palestinians challenge the takeover and do not receive compensation. The 1978 Amendment to the law, the Acquisition for the Public Interest (Amendment to the Terms) (Amendment No.3) Act, 5738-1978 , addresses this issue by stating that the owner refused compensation or did not give consent in time determined, these funds will be deposited to the Administrator-General on behalf of the owner. However, this provision has nothing to do with the takeover issue itself. According to the study of COHRE and BADIL, the land acquired under this law is used for the construction of new Jewish settlements or other businesses in which Palestinian Arabs with Israeli citizenship are expelled. The predominantly Jewish Upper Nazareth sector was created in this way and is the subject of several lawsuits filed in the Supreme Court.
According to Fast Magazine, the 40 percent law of landowners can be seized without compensation and public purposes are usually Jewish: Of the 1,200 dunam seized in Nazareth for public use, 80 is used for public buildings and the rest is used to build Jewish Housing.
Jerusalem Military Government (Story Validation) Ordinance , 5709-1949
According to COHRE and BADIL (page 41), this law extends Israeli jurisdiction to the 'Occupied Territories of Jerusalem' (western part of Jerusalem incorporated into Israel in 1948). It states that all orders and regulations established by the Military Governor or other Government ministries will be given the force of law.
Development Authority (Property Transfer) Legal, 5710-1950
Archived October 28, 2009, at the Wayback Machine.
According to COHRE and BADIL (page 42), 'Authority for the Development of the State' (or 'Development Authority') was established to work with relevant Government agencies to acquire and prepare land for the benefit of newly arrived immigrants. The amount of land allocated for this purpose is purchased from the 'Property Custodian Absent'. Under this law, land which is deposited into the hands of the State or for JNF control shall be deemed irrevocable. Article 3 (4) (a) reads:
Competent Development Authority:
- to sell or dispose of, let, give rent, and mortgage property, as long as it is
- (a) The Development Authority is not permitted to sell, or transfer property rights, property passed to public property, except to the State, to the Jewish National Fund, to an institution approved by the Government, for the purposes of this paragraph, as institutions for the settlement of Arabs without land, or to local authorities; the ownership rights of the acquired land can not be transferred except, subject to the approval of the Development Authority, to one of the entities referred to in this subparagraph;
- (b) The Development Authority is not authorized to sell immovable property not given to public property, unless the property is first offered to the Jewish National Fund, and the Jewish National Fund has not agreed to obtain it within the period stipulated by Development Authority;
- (c) the total area of ​​immovable property, no land enters into public ownership, which the Development Authority can sell or transferable ownership rights, will not exceed 100,000 dunam, but non-transferable property obtained by any of the entities referred to in subparagraph (a) shall not be taken into account for the purposes of this subclause;
- (d) the sale or transfer of ownership in any other way, from immovable property, land transferred into public ownership or other immovable property, shall be affected by the Government's decision in each individual case;
Prescription Law, 5718-1958
Archived October 28, 2009, at the Wayback Machine.
The Prescription Law was first ratified in 1958 and amended in 1965. It abrogated the important provisions, and reversed British practices in relation to, Ottoman Land Code (1858) .
According to COHRE and BADIL (p.44), Presidential Law is one of the most important to understand the legal basis of Israeli acquisition of Palestinian land. Although not readily apparent in the language of the law, the purpose behind this law is to allow Israel to claim the territory of 'State land' where Palestine still dominates and where they can still affirm their own claims to land (eg, in the north of the country). The authors claim that this law, in conjunction with Land Acquisition (Amendment) Ordinance (Title Completion), 5720-1960 , Land Ordinance (Title Completion) (New Version), 5729-1969 > and the Land Law, 5729-1969 , is designed to revise the criteria related to the use and registration of Miri land - one of the most common types in Palestine - and to facilitate the Israeli Acquisition of such land.
Under this law, farmers are required to submit documentation proving the cultivation of certain undisturbed lands
over a 15 year period ('prescribed' period). Article 5 states:
The period in which claims relating to which action is not filed shall be established (the period hereinafter referred to as the "prescription period")
- (1) in the case of claims unrelated to the land - seven years;
- (2) in the case of land-related claims - fifteen years or, if the land has been listed in the land register after the settlement of rights in accordance with the Settlement of Title (1), twenty-five years.
The law adds that the land purchased after March 1, 1943 will be subject to a 20 year verification period. The law also establishes a five-year hiatus between 1958 and 1963 that will not be taken into account in this 'recipe' period.
According to COHRE and BADIL, in 1963, much of the land in question has still not been surveyed. Therefore, the calculation of the 20-year verification period shall be dismissed, and the State is in a position to suppress its own claim to these lands. The authors consider that the Recipe Law has more complex consequences. For example, Israel decided that a 1945 British aerial photograph would be used to verify cultivation. Arab farmers who had not started working on their land at the time the photographs were taken found that they were by definition not able to meet the required 15-year 'prescribed' period. Also, since Israel does not accept other cultivation evidence, such as tax records, many Palestinians become victims of 'Catch-22': in the process of trying to establish their legal ownership, they (retroactively) lose their land.
According to COHRE and BADIL, the 1965 report by the Israeli Land Administration (ILA) reflects the reasons behind the law:
In the Northern Territory, there is the danger of [the acquisition of rights] prescribed by the Statute of Limitation (1958) on all State lands, and land [of land] from the Absent Property Custodian and the Development Authority. Especially in [Arab] minority areas where various elements began to take over state land and they are from the Development Authority, and [sic] there is concern that these lands will be taken from the hands of ILA [Israeli Land Administration. ] and transferred to the ownership of the offenders.
See also
- 1948 Palestinian exodus
- List of Arab cities and villages occupied during the Palestinian exodus in 1948
- Transfer Committee
- Israeli law
- Israeli Land Authority
- the Palestinian land law
References
External links
- Interactive Map of Land Acquisition, is on the Internet Archive
Source of the article : Wikipedia
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