Ofra and Amona - BaGatz - Israel Supreme Court - Judicial Overreach - in a Tale of Nine Houses Demolished in Ofra following a Tale of over 40 Houses Demolished in Amona by Avraham Keslinger

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Amona and A Tale Of Nine Houses...

By: Avraham Keslinger

Last week the settlement of nine houses in the Israeli town of Ofra were destroyed by order of Israel's Supreme Court (Bagatz) after the neighboring settlement of Amona was destroyed by order of the  Court.

First some background.

When Jordan possessed Judea and Samaria, the King of Jordan, King Hussein punished people who had fallen into disfavor and rewarded those who were in favor by taking lands from the former and giving them to the latter.  

However, according to the Ottoman law that applied before World War I (1917), the recipient of such land from the King, had to work the land and pay taxes in order to retain ownership. In a surprising move the Bagatz decided to recognize the gifts but not the conditions.

Arbitrary Law Making?

Moreover, the Bagatz even recognized that land can be considered private when no one is actually claiming ownership and there is, in fact, no known owner. Thus, Israel's Supreme Court made the legal Israeli residents of Amona and nine of Ofra's houses instantly into illegal squatters, ruling that they had to be evicted and the houses destroyed.

To confuse the issue further, for security reasons approved by the same court to ensure the safety of Jews in that town, no Arab will ever be allowed to set foot there.

These same houses were legally sold to the residents by the Israeli government. The Israeli residents of Ofra's nine houses were led to believe that they were legally buying their houses on Israeli government land with the agreement of the government. That being the case, the government should therefore have to build new homes for the residents.

In an effort that would prevent such future evictions the Knesset passed what is called the Regulation Law. However, the law doesn't apply retroactively. The Regulation law sets up a mechanism that will compensate registered owners in cases where homes are bought on the belief that the buyers had the right to do so.

However, believing that this is robbery, a group is even challenging this law, and the case is presently being litigated in before the Supreme Court.

Extending Israeli Sovereignty to Area C

There are also efforts being made to extend Israeli sovereignty to Area C.

What is Area C? These are areas under Israeli civil and military control as per the Oslo agreements, which include all Israeli cities, land, towns and villages. This would automatically mean that Israeli law would apply fully in this area.

However, all proposals in this area have been frozen while Mr. Netanyahu tries to convince the new American President to continue to work towards n agreement regarding building in settlements.

Comments:

How can we fight against the Judicial overreach of the BAGATZ (Israel Supreme Court?) Here is a very worthwhile suggestion

Return of a Jewish Sanhedrin. Letter by Shmuel Koenig and a discussion about the Conference of Moetzet Gedolei Hatorah in Marianbad in 1937  Robin Ticker

http://shemittahrediscovered.blogspot.com/2017/01/the-importance-of-rabbonim-to.html

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Comments by Tamar Adelstein 
co-ordinator Crown Heights Women for the Safety and Integrity of Israel  writes:
On Mon, Mar 20, 2017 at 9:30 AM, <cadelstein@aol.com> wrote:

There's another issue - the Regulation Law compensates Israeli/Jewish property owners who bought in good faith - but also appears to give the Court and the Israeli gov't the freedom to expel Jews from their homes (via the nebulous unfounded property claims by invisible Arabs and Leftists) "fairly" because they will then compensate the expelled.

Furthermore, compensation to Amona and Ofra expelled residents must also include either forgiving mortgages on their destroyed property or compensation in full for the loans still owed not to mention any loans that were taken out to pay for renovations, etc.  This must be in addition to building new home for these forcibly displaced citizens.  We must not forget that GK'ers were not excused from paying off their mortgages on their properties in 2005.

As far as Bibi working out a deal on building with Trump.  Let's all get real.  Trump is a builder not a destroyer.  Bibi has too much money under the table to give up letting Trump build rather than forcing Trump into letting Bibi destroy and undermine the yishuvim.  It's time the advocates for Shleimus HaAretz stop giving Bibi and his Knesset cohorts a pass.  It's time to call a spade a spade.  Bibi is not an advocate for Shleimus HaAretz; he's a politician who will do anything to keep himself in power which includes dragging out the country's growth and freeing terrorists in exchange for opportunities to make meaningless emotional speeches that garner him mindless applause and praise.

best,
Tamar

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Sincerely,

Robin Ticker

Israel Advocacy Calendar (www.IsraelAdvocacyCalendar.com).

Activist emails sent to my list  are L'Ilui Nishmat Yisrael ben David Aryeh ob"m (Izzy - Kaplan) and Howard Chaim Grief great activists and lovers of Eretz Yisroel, Am Yisroel and the Torah. Yehi Zichronum Baruch.  May their memories serve as a blessing. 

Most of these emails are posted on Shemittahrediscovered.blogspot.com

Personal emails to individuals will not be posted to my blog.