42
Israeli Land Grab and Forced Population Transfer of Palestinians
In 1953, Israel passed the Land Acquisition (Validation of Acts and Compensation)
Law, 5713 -1953 thereby validating and facilitating the “acquisition of land for
purposes of development, settlement, or security”.169 A 1964 amendment to this
law, Acquisition for Public Purposes (Amendment of Provisions) Law, 5724-1964,
specifies procedures to be followed in the acquisition of lands based on this and
other laws, including the original Land (Acquisition for Public Purposes) Ordinance
(1943), the Town Planning Ordinance (1936), and the Roads and Railways
(Defence and Development) Ordinance (1943). The 1964 amendment also defines
circumstances under which no compensation would be offered to those whose lands
had been expropriated; generally, where the expropriation had occurred prior to the
coming into force of this law.170
Israel used this law to extensively expropriate Palestinians lands. Many Palestinians
challenged the expropriations and did not accept compensation. A 1978 amendment
to the Acquisition for Public Purposes (Amendment of Provisions) (Amendment No.3)
Law, 5738-1978, addresses this issue by decreeing that where the owner refuses
compensation, or does not give consent within the time allotted, these funds would
be deposited with the Administrator-General in the name of the owner. However, this
provision has no bearing on the matter of the expropriation itself.
Furthermore, Israel passed the military order – Order Regarding the Lands Law
(Acquisition for Public Needs) (No. 321) 5729-1969, which transferred authority
to what later became the deputy head of the Civil Administration, abolished the
previous requirement of publishing the proposed expropriation in an official gazette
and deliverance to the land owner. The jurisdiction over appeals to expropriation
was transferred from the local court to the Military Appeals Committee and the
management and possession of the land expropriated was bestowed on the Custodian
for Government and Abandoned Property in Judea and Samaria.171
A second amendment to this procedure was introduced in 1981. This Order
Regarding the Lands Law (Acquisition for Public Needs) (No. 949), 5743-1981,
amended the law to oblige the relevant authority to publish its decision in the
Compilation of Proclamations and to inform the land owner, or the local mukhtar
of the decision.
This amendment came about following a petition by Palestinians to the Israeli
Supreme Court in the Tabib Case, who submitted that they were only made aware
169 Land Acquisition (Validation of Acts and Compensation) Law 5713-1953. See at:
http://www.israellawresourcecenter.org/israellaws/fulltext/landacquisitionlaw.htm
170 BADIL and COHRE, Ruling Palestine.
171 B’Tselem, Land Grab, 60.
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