73, 74, 75
, ,
73 74 75
2009
Israeli Land
Authority Law
(Land Law
Reform)
It modified the ILC seats,
but kept the JNF’s large
representation with 6 of 13
members.
Facilitates the transfer
of land ownership
between the ILA and
the JNF.
Once land is privatized
and has been purchased
by a bona fide buyer,75
it will be impossible for
It also conferred 800,000
The Israeli government Palestinians to claim
ownership rights of
dunums of state land to
agreed that those
the lands, even under
be privatized, enabling
lands in the Naqab
Absentee Property Law.
private individuals to acquire and Galilee would
ownership rights.
be managed in
Further land swaps
accordance with the
also gave greater ability
A land swap agreement
JNF’s principles, i.e.
to the JNF to settle
between the newly
they
would
be
managed
only Jewish-Israelis
established ILA and the JNF
for
the
benefit
of
Jews
in additional localities
was mandated: the JNF would
only.
within Israel.
cede control of developed
land in the center of the
country, and in exchange,
the ILA would give the JNF
ownership of lands in the
Naqab73 and the Galilee.74
The 2009 Land Law Reform legislation sedimented a transitional process of stateowned to privately-owned land, ensuing the effect of preventing Palestinian
refugees and IDPs from asserting any claims to land with the Israeli authorities or
within the Israeli judicial system. First, the land was confiscated from Palestinians,
then the land was administered for the purposes of Israeli state-building, and
finally the land was and continues to be privately sold. Contextualization and
application of these different Israeli laws, through the policies of denial of use and
access and confiscation of Palestinian land and properties, are illustrated through
two case studies, Jaffa and al-Araqib.
73 The area referred to as the Negev desert in Hebrew.
74 Adalah, “Adalah and ACRI call to cancel discriminatory land swap agreement between Israeli government
and the JNF”, January 2016, available at: https://www.adalah.org/en/content/view/8724 [accessed 19
September 2017].
75 One of the main principles of private land ownership is that of “bona fide purchaser” or a purchase made
in good faith. So long as a bona fide purchaser buys the property without notice of any other party’s claim
against the property and properly records the transaction, the bona fide purchaser takes good title to the
property despite competing adverse claims.
31
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