The Twentieth Knesset

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1 Translated from Hebrew by Yesh Din Internal Document: The Twentieth Knesset Authors: Members of Knesset Bezalel Smotrich Yoav Kisch Shuli Moalem-Refaeli David Bitan P/20/3433 Regulation of Settlements in the Judea and Samaria Area Draft Law, Purpose 1. The purpose of this law is to regulate and enable the continued establishment and development of Israeli communities in Judea and Samaria. Definitions 2. In this law - The Area As defined in the Amendment and Extension of the Emergency Regulations (Judea and Samaria Adjudication of Offenses and Legal Aid) ; The consent of the state Explicit or implicit, advance or retroactive, including assistance in laying infrastructure, providing incentives, issuing publications that encourage construction or development, or participating in money or in kind contributions. Assessment committee A committee to be established for purposes of this law. The committee shall be composed of delegates from the Ministry of Finance, the Ministry of Justice, the Ministry of Construction and Housing and the authorities of the Area; 1 L.S.I. 5727, p. 70.

2 An Israeli community or settlement A site used for human habitation in the Area, including a neighborhood or an extension of a community, including all dwellings therein and all facilities serving the community, including access roads, water, communications and sewage infrastructure, as well as public buildings serving the persons residing therein; The State The Government of Israel or government ministries, the authorities of the Area, local or regional authorities in Israel or in the Area and any settling body; Settling body As defined in in the Candidates for Agricultural Communities Law ; The Supervisor The Supervisor of Government Property in the Judea and Samaria Area, under the Order regarding Government Property (Judea and Samaria) (No. 59) ; Land requiring regulation Land on which Israeli settlements were built, or land held for the purpose of Israeli settlements, in which usage rights are not in the hands of authorities of the Area or the Supervisor. The authorities of the Area Any agent vested with governmental powers under Section 3 of the Proclamation regarding Law and Administration (Judea and Samaria) (No. 2) , or any other statutory provision that replaces it. 2 L.S.I., 5713, p Collection of Proclamations, Orders and Appointments 5, p Collection of Proclamations No. 1, 1967, p. 3. 2

3 Acquisition of usage rights on land requiring regulation Date for registration or expropriation of rights 3. Where the authorities of the Area have found that Israeli settlements were built on land requiring regulation prior to the enactment of this law, in good faith, or with the State s consent, the following provisions shall apply: (1) Where the land requiring regulation is land regarding which no persons have proven their right to be registered as owners, the authorities of the Area shall take action to have the rights to the land registered under the name of the supervisor. (2) Where the authorities of the Area have found that a person has proven that they are registered as the rights holder in the land, or that they have the right to be registered as the rights holder in the land, usage rights of said land shall be expropriated and transferred to the supervisor. Such expropriation of usage rights shall remain in force until such time as the status of the Area and Israeli settlements therein is determined by the state. 4. Registration or expropriation of rights to the land under Section 3 shall be completed within six months of the date of commencement of this law. Land allocation 5. The supervisor will allocate usage rights in the land to the settlement within 60 additional days, either directly or through a settling body. Completion of planning procedures 6. The authorities of the Area shall take action toward the completion of planning procedures on the land as soon as possible. 3

4 Suspension of proceedings 7. (a) All enforcement procedures, administrative and judicial orders and judgments regarding execution of such orders, pending against structures on such land on the date of commencement of this law, shall be suspended from the date of commencement of this law and until such time as planning procedures on land requiring regulation are completed. (b) Planning procedures shall be pursued with consideration for the need to regularize existing construction. (c) Once planning procedures are completed, enforcement measures and judgments as enumerated in Subsection (a) shall expire. (d) The provisions of this section shall not apply to demolition of structures required in order to prevent danger to human lives. Compensation 8. Where the authorities of the Area have acquired usage rights to the land pursuant to the provisions of Section 3, a person having proved that they are the owners of the land or entitled to be registered as owners, shall be entitled to payment for use of the land amounting to 125% of the proper value of the land, or to alternative land, as per their choice. The assessment committee Communities listed in the addendum 9. Having heard the arguments of the land owner, or the person entitled to be registered as land owner, and having reviewed the overall circumstances of the particular case, the assessment committee shall determine the proper rate of payment for use of the land. 10. Communities listed in the addendum shall be presumed to come under the provisions of Section 3; the minister of justice, with the approval of the Knesset Constitution Law and Justice Committee may, by order, add more communities to the addendum Addendum (Section 10) E x p l a n a t i o n The purpose of this law is to enable the regularization of communities in Judea and Samaria, built or expanded without proper planning procedures by Israeli citizens who acted in good faith, or with the knowledge, participation and encouragement of the State, despite the fact that they were not regularized from the planning perspective, and, at times, with no knowledge that the land was privately owned. Leaving the situation in these communities or neighborhoods as it is today, or demolishing buildings and facilities in such Israeli communities constitutes grievous harm to people 4

5 who have been living in them for many years in good faith or with the support of the State. The transitional provisions seek to strike a proper balance between this harm and the harm to the property of the registered owners of regulated land, or those who are entitled to be registered as owners of unregulated land. The bill recognizes the need to regularize communities and neighborhoods and the fact that their regularization is a more proportionate and more appropriate solution than destroying communities or the homes of dozens and hundreds of families. To the end, it is proposed to register said land under the name of the supervisor, where this is possible, and where it is not, to transfer usage rights in the land to the supervisor by way of expropriation. The process of acquisition for public use is provided for in Israeli law and in the law of the area, and, to the extent possible, this shall be pursued in accordance with the law governing acquisition of land for public use that applies in the Area. The transfer of rights to the supervisor constitutes moderate and proportionate harm to persons proving they are the owners of the land or entitled to be registered as such, since such persons shall receive compensation for the land they own. It is proposed that once the registration is completed, or the usage rights are transferred to the supervisor, the land shall be allocated for use by the community, and, that planning procedures and permit issuance is completed in the shortest time possible. An increased compensation model is proposed for persons proving they were the owners of the land or were entitled to be registered as such, as per the value of the land prior to the establishment of a community or a neighborhood therein. The rate of compensation shall be determined by a committee with delegates from the Ministry of Finance, Justice and Construction and Housing, together with a delegate of the authorities of the Area. The committee shall determine the rate of compensation after hearing arguments from the owners. The provision of increased compensation to persons whose proven rights have been impinged upon reflects the proper balance in the circumstances of the matter Submitted to the Knesset Speaker and deputies And put on the Knesset agenda on A Cheshvan 5777 November 2,

Law for the Regularization of Settlement in Judea and Samaria, *

- 1 - Law for the Regularization of Settlement in Judea and Samaria, 5777-2017* Objective 1. The objective of this law is to regularize settlement in Judea and Samaria, and to enable it to continue to