By Yifat Holzman-Gazit
Traditionally, Israel's ideally suited courtroom has didn't restrict the state's powers of expropriation and to guard deepest estate. This booklet argues that the Court's land expropriation jurisprudence can simply be understood opposed to the political, cultural and institutional context during which it was once formed. defense and monetary pressures, the precarious prestige of the courtroom within the early years, the pervading ethos of collectivism, the cultural symbolism of public land possession and the perceived strategic and demographic dangers posed through the Israeli Arab inhabitants - all contributed to the construction of a harsh and arguably undemocratic land expropriation felony philosophy. This philosophy, the booklet argues, used to be utilized by way of the superb courtroom to Arabs and Jews alike from the production of the country in 1948 and until eventually the Eighties. The ebook concludes with an research of the constitutional swap of 1992 and its influence at the felony remedy of estate rights lower than Israeli legislations.
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Extra info for Land Expropriation in Israel: Law, Justice and Power
35 The terms 'nationally owned' and 'publicly owned' will be used interchangeably in referring to Israel's land management policy. ln the following discussion, they are both taken to mean the prohibition ofland sale to private holding. ln this sense, 'national land ownership and 'public land ownership' differ from the common meaning of public property. y accountable to the pubHc such as a local ormunicipal authority. c property, however, does not necessarily m i ply the prohibition of sale. For instance, a pubHe park owned by a local authority can be sold on the market, unless the law provides otherwise (Barzel 1997, 99-1 0 I; Reeve 1986, 31-4).
Not only were local authorities fr·eed from the cost of constructing the infrastructure, but, using their expropriation powers, they could acquire the land for free. Reliance on expropriation powers rather than on fees in lieu of land dedication persisted intothe 1 990s, when theprocessoffiscal decentralization oflocal government picked up steam. From being heavily funded by the state, local governments shifted to being primarily self-funded (Ben-Eiia 1999). They gained increased control over their revenues, and this in turn resulted in a variety of strategies (such as fiscalization of planning and zoning and initiating municipal boundary disputes) aimed at further increasing their revenues (Ben-Eiia 2000).
The [LA is a government entity legally established in 1960 to create a unified policy for the management of public land and to cut the costs that would otherwise result from the operation of parallel Land management bureaucracies by each ofthe three owners of Israel's public land. The Israel Lands Administration Law of 1960 stipulates that all three categories of public land wilJ be administrated by the [LA (the managing body) and by the Israel Lands Council (the policy-making body). The Israel Lands Council is currently composed of22 members, of which 12 are government appointees and 10 are representatives ofthe JNF.