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Legal Experts: There is a Solution to the Demolition Issue
Arutz Sheva ^ | 7/12/11 | Elad Benari

Posted on 12/06/2011 10:39:03 PM PST by Eleutheria5

.....

....In at least one case, that of Migron, the Arabs who claimed the land is theirs withdrew their lawsuit when they were unable to present proof of ownership.

There may be good news for the Jewish residents, however: Two of Israel’s leading lawyers, Attorney Dr. Yaakov Weinroth and attorney Dr. Harel Arnon, published a legal opinion on Tuesday, according to which there is already a legal solution to prevent the demolition of the outposts. Weinroth and Arnon found that the solutions are legal under the law which currently applies in Judea and Samaria.

In their opinion, the two lawyers state that, despite the argument for the demolition being that the outposts were built on private land, according to the law in Judea and Samaria there is no need or legal obligation to demolish outposts that were built in good faith. Therefore, in this respect, the Prime Minister does not have to adopt the Supreme Court’s recent ruling which stated that any communities built on private lands should be demolished.

The opinion further states that under the law applicable today in Judea and Samaria, in any case where construction took place in good faith (without knowing that the land had previous owners), there is a solution involving compensation rather than demolition. In some cases, say the attorneys, when the value of the homes exceeds the value of the land, the owner of the homes has the choice of either paying compensation to the owner of the land or demolishing the homes. In other cases, when the value of the land exceeds the value of the homes, the land owner has the choice and can demand that the homes be demolished or force the owners of the properties to purchase the land.

.....

(Excerpt) Read more at israelnationalnews.com ...


TOPICS: Culture/Society; Government; Israel; News/Current Events
KEYWORDS: bulldozers; lawyers; outposts; solution
Gosharooti! You mean we didn't have to roust people out of their homes in the middle of night and demolish them? Gee. Sorry 'bout that.
1 posted on 12/06/2011 10:39:08 PM PST by Eleutheria5
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