65, 66, 67
, ,
65 66 67
Year
1943
1950
Law
Stated Objective of the Law
Scope of the Law
Effect of the Law
Land
This British Mandate-era law
Acquisition for allows the Finance Minister
Public Purposes to confiscate land for “public
Ordinance and purposes.” Public purpose
its amendments is defined as “any purpose
certified by the Minister
of Finance to be a public
purpose.”65
The 2010 amendment
allows the state not to
use the confiscated
land for the originally
designated public
purpose for 17
years, and prevents
landowners from
demanding the return
of confiscated land not
used for the original
declared purpose if it
has been transferred
to a third party, or if
more than 25 years
have elapsed since the
confiscation.
The law was used to
expropriate Palestinian
land.
Absentee
Property Law
This law was adopted by
Israel and was further
amended in 1964, 1978 and
in 2010. This Law and its
amendments granted the
Minister broad powers to
declare new purposes which
would fall under the definition
public purposes.
The Law defined ‘absentee’
broadly so that it applied to
every Palestinian resident
who had left their usual place
of residence in Palestine after
the adoption of the partition
of Palestine resolution by
the UN in November 1947.
Palestinians within Israel
who had remained on their
land who could be identified
as enemies were deemed
“present absentees” and also
had their property confiscated.
The Law established that
absentee property was to be
transferred to the Custodian
of Absentee Property for
protection and to facilitate
its use for development by
the state.66 The Custodian
was not allowed to sell the
property.
The 25-year lapse and
potential transfer to
a third party prevent
Palestinians from
submitting lawsuits to
reclaim confiscated land.
This law stripped
By considering
both Palestinian
‘absentees’ all
refugees and IDPs of
Palestinians that fled
their property rights.
their homes after
Once the properties
November 1947, the
were acquired by the
properties belonging
Custodian, the ability
to 750,000 displaced
of Israel through the
Palestinians of the 1948
roll-out of additional
War were confiscated
laws in partnership with and placed under
government and noncustodianship. The
government agencies to Custodian acquired one
utilize and privatize the million dunums (1000
land became possible. km2) of land by 1950.67
While the law technically
provided for protection
Custodian-held
property, this was not
the case. Significant
portions of the land
were transferred to the
Development Authority
from the Custodian.
65 Yifat Holzman-Gazit, Land Expropriation in Israel: Law, Culture and Society, (Abingdon: Routledge, 2016), 13.
66 David Kretzmer, The Legal Status of Arabs in Israel 49, (Boulder: Westview Press, 1990): 55.
67 George Bisharat, “Land, Law, and Legitimacy in Israel and the Occupied Territories,” American University Law
Review 43, no. 2 (Winter 1994): 514 [hereinafter Bisharat, “Land, Law”].
28
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