'State land' loophole allows appropriation
By Aluf Benn
Israel is continuing to expropriate territory in the West Bank, under the guise of "state lands" to expand settlements, data from the Civil Administration shows. At least part of these areas received were appropriated with the
direct approval of Prime Minister Ariel Sharon and Defense Minister Shaul Mofaz.
Since the start of 2004, some 2,200 dunams of land in the West Bank have been declared state lands. These include land in Givat Eitam in Ofrat, and land designated for use as the Border Police headquarters in Metsudat Adumim.
Last year 1,700 dunams of land in the West Bank were designated state lands, such as the area between the Palestinian village of Bet Ichsa and the settlement of Givat Ze'ev. The authorizations given by Sharon and Mofaz were made after preparatory work was presented to them by the assistant to the Defense Minister for settlement affairs, Ron Shechner.
The Sharon government made a
commitment to the Bush administration in 2003 that construction in the settlements beyond existing building zones would be placed on hold, and is now in negotiations with the U.S. administration over the territorial limits of the settlements.
The Israeli promise to the U.S. includes a commitment not to expropriate territory for construction, but does not relate in any way to designating areas as "state lands."
The "state lands" designation has consistently served the governments of Israel in establishing and expanding settlements. In the late 1970s the Supreme Court forbade the expropriation of private Palestinian property for settlements.
The then director of the Civil Section at the State Attorney's office, Felia Albak, developed a legal mechanism that relied on Ottoman Land Law, and permitted the designation of extensive tracts of land in the West Bank as state lands, allocating them to the settlements.
There are currently 700,000 dunam - 13 percent of the West Bank before June 5, 1967 - under different stages of "review", according to non-government sources collecting data on the Israeli activities in the territories. At the end of the "review" process it is possible to designate these lands "state lands."
The majority of these tracts are in southern Mount Hebron, in the area of Gush Etzion, and on both sides of the trans-Samaria highway.
Regarding the data of the non-government sources, a Defense Ministry source said that the data is irrelevant because the land in question may be considered
"state land" but in practice only a small portion of it is being handled as such.
"It is sufficient that someone 20 years ago marked a particular piece of land as possible state land," the source says, in order for that area to be placed in the data bank of the "review process," even if no one actually did carry out a review.
The legal department of the Civil Administration is currently busy with the appropriation of lands for the building of the separation fence - an effort that is based on a different legal process - and in dealing with the illegal outposts.
The designation of areas as "state lands" is on a low priority, and non-government sources estimate that the Civil Administration officials are only handling several dozen such cases.
Many of the illegal outposts in recent years were set up in the West Bank on "survey lands," as part of an effort to alter their status at a later date to state lands and therefore legalize the establishment of the outpost.
Data made public by B'tselem two years ago, between 1967 and 1979, shows approximately 700,000 dunam were designated "state lands" in the West Bank, most in the Jordan Valley.
In legal steps undertaken by Albak during the years 1980-1984, an additional 800,000 dunam were selected and declared "state lands," serving as the main source of land for the establishment of settlements.
Since the designation of state lands has slowed down significantly, but never completely ended.
http://www.haaretz.com/hasen/spages/481655.html
I love the " Road Map " toi peace.... ( includes the US supplying 5,000 "smart bombs," including 500 "bunker busters," to the Israeli Air Force. )
Nice going
