MOSHE DANN:FALSE CLAIMS THAT JEWS STOLE AND BUILT ON “PRIVATE PALARAB LAND” SICK TRANSIT ISRAEL
Claims that Jews have stolen and built on “private Palestinian land” should not be decided by politically motivated individuals and advocacy groups.
Supreme Court President Dorit Beinisch’s decision on September 12 broke sharply with traditional interpretations of law, yet the media largely ignored it.
In a case brought by Peace Now against the Binyamin neighborhoods (“outposts”) of Hayovel – where Maj.
Eliraz Peretz’s widow and children live – in Eli, and Harisha, in the Talmonim bloc, Beinisch directed the state – i.e., the Civil Administration for Judea and Samaria – to determine what constitutes state land. According to her ruling, all land not specifically designated as “state land” would henceforth be considered “private [Palestinian] land.”
She also gave the state 60 days to provide a schedule for destroying all (Jewish) building on “private land,” with the exception of the Peretz home. Peretz was killed in a battle with Hamas terrorists in March 2010.
This ruling radically shifts the burden of proof with regard to property disputes in Judea and Samaria. Up until now, Arabs who claimed that their land was taken illegally have been required to prove the veracity of that claim. Now, Jewish communities that claim the land is not privately owned and is thus available for settlement will be required to back up their claims. Since Beinisch’s decision cannot be appealed, the ruling will stand as law unless the Knesset acts to legislate otherwise.
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