Supreme Court and Arab Lands
This
month Adalah submitted a petition to the Israeli Supreme Court (SCt.)
on behalf of a Palestinian Arab family from Nazareth whose land was
confiscated by the state in 1958 for a "public purpose". After many
years of not using the land for a public purpose, it was put up for
sale on the free market and offered to the highest bidder by Miftavim,
Ltd., which received the land from the state after the confiscation.
The petition demanded that the SCt. cancel the confiscation and return
the land to the original Arab landowners who are citizens of the state.
The petition relied on past precedent of the SCt. according to which
lands were returned to their Jewish owners if there was no longer any
public purpose for the confiscation or if a lengthy time had passed and
the lands were not used for this reason. Despite prior precedent, the
SCt. denied the Arab family's request to freeze the bid for the sale of
the land. As a result, the land was sold for NIS 183 million (US $53
million) which was received by Miftavim, Ltd. This case starkly
illustrates how the state deprives Palestinian citizens of Israel of
their land. The Israeli legal community treats issues of land
confiscation as belonging to the past, to the era of the state's
establishment, and one which no longer affects Arab citizens. The
SCt.'s decision proves that the land confiscation issue still exists
and that the legal system concerning land is divided into two systems:
one for Arab citizens and one for Jewish citizens. Undoubtedly, the
legal meaning of confiscation for "public purpose" is not to benefit
all the public but to deprive Arab owners of their land.
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