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[Zabougornov]

Итак некий араб, Салим, строит дом в Яффо (Палестина, Британский мандат) в 1920-е годы. Его семеро детей живут в этом доме.

В 1948 году трое его детей и похоже он сам уезжают погостить к родственикам в Ливан. И тут на их несчастье - Бац! Власть переменилась, нету больше никакого Британского мандата, а есть Израиль, который их обратно натурально не пускает. Кстати, строго в соответствии с законом, израильским разумеется.

Осталось четверо детей которые по-прежнему живут в этом доме. А что же делать с собственностью невозвращенцев поневоле? Реквизировать, разумеется, их долю (40%) и заявить что начиная с этого момента мы - партнёры, типа, теперь мы будем совместно владеть вашим отцовским домом. И ваш партнёр - Амидар, государственная компания.

Как ни старались наследники избавиться от от этого непрошенного партнёра - и аффидевиты подписывали, и в суд подавали и откупиться пытались, типа, выкупить собственный же дом - ничего не вышло. Амидар заявлял что он готов продать свою долю, да несговорчивость наследников мешает оформить сделку.

Но почему же Амидар от этого должен страдать? Его собственностью, сорока процентами, беззастенчиво пользуются, не платя ему, собственнику, ни копейки! Вах, какой скандал! Это ж нарушение закона! Быстренько оценили сколько будет стоить съём такого дома (6340 шекелей), взяли 40% от этой суммы и выкатли этим наследникам счёт за семь лет (213.000 шекелей).

Странно что за 7 лет, Амидар то денег своих не видел аж с 1948 года, то есть в течении 59 лет, и странно что не взяли сложные проценты с этой суммы.

Но тяжба ещё впереди....

http://www.haaretz.com/hasen/spages/1129744.html
Why is Israel laying claim to an Arab home in Jaffa?
By Dana Weiler-Polak
Tags: Israel real estate, Jaffa

Tziona Tajer Street in Jaffa, off the main thoroughfare, Yefet, begins with a lush park and ends in a narrow picturesque alleyway bounded by refurbished old homes. One of these houses, behind a heavy blue gate, belongs to the Shaya family. Hanging by the entrance is a large portrait of the family patriarch, Salim Khoury Shaya, a priest who served in the 1920s as the spiritual leader of the Christian Arab (Greek Orthodox) community. Around that time he also built the house on a hill in Jaffa.

Salim Khoury Shaya died at age 90 in 1963. His daughter-in-law, Fadwa Shaya, who married his son George, is now the eldest resident of the house, where she has lived since 1947 and where her children and some of her grandchildren grew up. In the guest room, surrounded by hand-carved dressers and ornate 1930s-era mirrors, she tells the story of the Shaya family, at least the three generations she knows.

Salim Khoury Shaya's seven children, she says, lived in the house their father built. In 1948, three of them went to visit relatives in Lebanon, where they got stuck when Israel's War of Independence broke out and weren't able to return. The other four siblings - George, Evelyn, Awda and Claire Shaya - remained in the house; their children are now in their 40s.
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In 1950, after the Knesset passed the Absentee Property Law, the house was transferred to the Custodian of Absentee Property. (A 1954 Supreme Court ruling said that "the Absentee Property Law is meant to fill a temporary role: to preserve absentee properties lest they become abandoned and open to looting.") It took nine years, until 1959, for the state to recognize the rights of the four siblings who were not absentees and still lived in the house, but the authorities still did not completely give up their hold on the property.

Instead, a partnership was declared giving the state ownership of 40 percent of the house in place of the absentee siblings. The family was left with ownership of the other 60 percent. Government-owned housing company Amidar, which took over management of the property, says there are hundreds more such houses, all belonging to Arabs, that have been jointly owned by the state since some of the owners left in 1948 or later.

In the 1950s, George Shaya and his siblings tried to fight the forced partnership, arguing that before they left the other siblings sold them their stake in the house. The absentee siblings also traveled to Cyprus and signed an affidavit to this effect, but an Israeli court rejected it. In June 1960, the court turned down the siblings' request to receive full ownership of their house, and in 1963 the Israel Lands Administration received custody of 40 percent of the house. That year, Salim Khoury Shaya died.

George Shaya continued to fight for the house until his death in 1973. His daughter, Mary Kusa, remembers her father always saying that "I don't want to buy my house." She and the other children grew up, married and had families. Some still live in the house.

George's son Sami says that in the 1990s they tried to buy the state's stake in the house, but Amidar refused. Amidar maintains, meanwhile, that the company wanted to sell but that disputes in the family prevented the deal from going through.

Amidar also says that over the years the family has refused to sign a contract and pay rental fees to Amidar, even though, "by law, when one or more owners makes exclusive use of the property he must pay the owners a relative portion of the fees for use of the property."

Fadwa Shaya says the family feared that paying rent would be perceived as conferring recognition of the state's ownership of the house, so they did not pay. She also says the state did not see to the maintenance of the house, as it should have. "I paid and took care of every problem that came up," she says. "There were times when everything was falling apart and I paid for everything, even when I was a widow with four children."

The family ignored the demands for rent payments until, in June 2007, they received a demand that was hard to ignore, for a payment of about NIS 213,000 - a cumulative bill for seven years of rent (calculated at 40 percent of monthly rent of NIS 6,340). The siblings asked Amidar to look into the matter. They say the company was understanding and promised to get back to them. The family waited patiently and cooperated with an appraiser sent by Amidar to value the house; they also cooperated with the people who took measurements to see if anything had changed over the years.

In retrospect, says one daughter, Anisa Shaya, "We learned that we were fighting people who weren't really concerned about the people whose house this was. They were only interested in the business side - how much they'd get if the house were sold."

The siblings say Jaffa's rising property values are behind the move. According to Kusa, "Our feeling is that Amidar came after us. When we went to them [in June 2007] they didn't give us a straight answer and just asked for the neighbors' phone numbers. One day, my brother got a phone call from a detective wanting information about who lived in the house. Apparently they wanted to check if the house was rented and if they could demand part of the rental money."

They were even more stunned when, less than three months later, with no prior notice and without having received any answers, the ILA's development arm sued them in Tel Aviv Magistrate's Court. The authority was seeking to dissolve the partnership, which basically meant that the house would be sold. "It's a feeling of injustice," says Anisa Shaya. "First they show up out of the blue demanding money, and the next minute they want to throw us out on the street. Where is my mother who has lived in this house since 1947 supposed to go?"

The first hearing in the case is scheduled for February. Attorney Hisham Shabaita from Tel Aviv University's Human Rights Clinic is representing the family. "The state is cynically and aggressively seeking to dispossess citizens of their home that was built before the state's founding, solely because they are Arabs," he says. "The state's aim to act upon a dubious partnership in a residence, a partnership born out of the controversial Absentee Property Law ... stems from pure greed."

Kusa adds: "I have no doubt that if we were Jews the state would not be doing this. Our whole lives we have felt that we are part of this society. Even as a member of a minority I never considered anywhere else home. But it's clear to me that if I were to convert, they would behave differently."

Even now, with the echoes of their father's battle still in their heads, the siblings say all they want is to resolve the dispute and acquire the state's stake in the property. But they say the other side has no desire to reach a solution and is only interested in tapping the property's value.

Amidar, which manages the ILA development arm's assets, said in response that since 2005 it has been in contact with the family in an attempt to reach an accord over the sale of the lot, but the family has not been able to come to an agreement to acquire the property.

"In September 2007, Amidar filed a lawsuit in court over the use of the property without payment of rent to the company, in accordance with the assessment of appropriate usage fees," the company says. It says Amidar's development authority for Tel Aviv-Jaffa "would be pleased to cooperate with and come to an agreement with the family."
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A la guerre comme a la guerre или вторая редакция Забугорнова

[Zabougornov]

Очень интересные законы, однако!
http://en.wikipedia.org/wiki/Israeli_land_and_property_laws_relating_to_the_Israeli%E2%80%93Palestinian_conflict
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A la guerre comme a la guerre или вторая редакция Забугорнова

[Zabougornov]

http://www.haaretz.com/hasen/spages/1134978.html
Jewish town won't let Arab build home on his own land
By Jack Khoury
Tags: Israel Land Administration

Aadel Suad first came to the planning and construction committee of the Misgav Local Council in 1997. Suad, an educator, was seeking a construction permit to build a home on a plot of land he owns in the community of Mitzpeh Kamon. The reply he got, from a senior official on the committee, was a memorable one.

"Don't waste your time," he reportedly told Suad. "We'll keep you waiting for 30 years."

For Suad it's now been 12 years of fighting the committee's red tape to build a home on his own land. The reason, as far as he and his family are concerned, is singular: The local council doesn't want Arabs, with or without the legal amendments legalizing such objection that passed preliminary reading in the Knesset this week.
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"We didn't invade the plot and we didn't take over the land," Suad says. "My grandfather has been here since the Turks. We have a land registry document proving ownership of three acres."

Suad's plot is on the northern edge of the hilltop community, founded in 1979. In 1984, Suad's land, along with others, was redefined as a development area rather than agricultural land. The land was divided into two plots. Suad and his family, who have been living in shacks on the site, were not informed.

"In 1990 we got a notice to pay capital gains taxes on the land, and they only told us about the changes when we asked for an explanation," he says.

The plots were split between the family and the Israel Land Administration. Only one plot was owned by the family - half an acre, minus half a square meter owned by the ILA.

Having paid the tax, Suad asked for a written confirmation of the change. "This usually takes a couple of days," he says. "They dragged it on for 8 months." While repeatedly refusing to sell the land or swap it for a plot outside Kamon, Suad was told that his plot is jointly owned by the ILA, because of the 50 square centimeters.

"They asked me for a document stating the ILA was giving up their part in the plot," Suad says. "It took the ILA another 4 years."

In 2007, the planning committee finally gave the construction permit, under four conditions: Suad would promise to demolish his shack, the future house would be moved by some 12 meters, Suad would contribute a part of the land to public needs, and he himself would ensure the house is connected to all infrastructure. Suad agreed to everything, but then found that no sewage line extended to his land. His suggestion to install a cesspit was rejected, despite this being a common practice in the community.

"I even offered to pave the 150 meters of the road at my own expense," Suad said. "We were supposed to meet about it on December 8, but then they told me the meeting was off."

"It's clear that the threat I heard in 1997 is coming true. They don't want us here. But I'll keep fighting until my children and I live on our private land," he said.

The Misgav Local Council rejected the accusations. The council said Suad's plot is located far from the other homes of the community and has no roads, sidewalks, lighting, water or sewer. All these would need to be connected through other plots, some of which are privately owned, the council said.

The council also said Suad's construction permit was conditioned on coming up with a plan to connect the plot to infrastructure, which he failed to produce in sufficient detail, or to accompany it with permits.
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A la guerre comme a la guerre или вторая редакция Забугорнова

[Thais]

Абсюрд, однако! Вот Россию называют страной дураков. А Израиль, натурально, страна сильно умных.
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Вот так это происходит. Вам хочется с кем-то подружиться. Разговаривать вам неохота, встречаться лень, звонить некогда, тусоваться надоело, ужинать тяжело, приходить со своей диетой - неэтично, спать и лежать с вами в широком смысле новые друзья отказываются, молчать с вами им не о чем. В общем, дружить надо было раньше. (М. Жванецкий)

[Zabougornov]

[Thais]

Об обеих двух. И вообще.
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Вот так это происходит. Вам хочется с кем-то подружиться. Разговаривать вам неохота, встречаться лень, звонить некогда, тусоваться надоело, ужинать тяжело, приходить со своей диетой - неэтично, спать и лежать с вами в широком смысле новые друзья отказываются, молчать с вами им не о чем. В общем, дружить надо было раньше. (М. Жванецкий)

[Zabougornov]

A-a.....Но только не дураки там сидят...... ой не дураки. Всё очень умно и тщательно спланированно.....
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A la guerre comme a la guerre или вторая редакция Забугорнова

[Zabougornov]

http://www.haaretz.com/print-edition/news/israel-expropriates-palestinian-land-in-order-to-legalize-west-bank-settlement-1.372023
Israel expropriates Palestinian land in order to legalize West Bank settlement
Move is Netanyahu government's first confiscation of land in the territories.
By Chaim Levinson

For the first time in three years, the state has confiscated uncultivated land in the West Bank. The land will be used to legalize a nearby settlement outpost.

Last week, acting on orders from the government, the Civil Administration declared 189 dunams of land belonging to the Palestinian village of Karyut to be state land, so as to retroactively legalize houses and a road in the Hayovel neighborhood of the settlement of Eli. This would seem to violate Israel's long-standing commitment to the United States not to expropriate Palestinian lands for settlement expansion.

An Ottoman land law dating from 1858 allows uncultivated land to be declared state land. This law, which is still in force in the West Bank, is what was used to carry out the expropriation.

According to last Sunday's decree, the lands in question belong to the village of Karyut. Hayovel was built on these lands in 1998 as a temporary outpost, and later permanent houses and an access road were built. A 2005 report on the outposts by attorney Talia Sasson concluded that Hayovel was built on private Palestinian land.

After the Peace Now and Yesh Din organizations petitioned the High Court of Justice against the construction in 2005 and 2009, the Civil Administration reviewed the land's legal status. Since Jordan, which ruled the West Bank from 1948-67, had never registered them in its land registry, the Civil Administration reclassified them as under review. This meant that any place that was still cultivated in the late 1990s would remain private land, but the rest could be declared state land.

In 2004, then-Prime Minister Ariel Sharon promised U.S. President George W. Bush to stop this practice, and this promise was later reiterated by his successor, Ehud Olmert. In his speech at Bar-Ilan University in 2009, Prime Minister Benjamin Netanyahu said, "We have no intention to build new settlements or set aside land for new settlements. But there is a need to have people live normal lives and let mothers and fathers raise their children like everyone in the world."

This is the current government's first such expropriation of lands. The last lands to be similarly expropriated were 20 dunams near Betar Ilit that were declared state land in November 2008 to allow the construction of a gas station.

The declaration is another move toward retroactively legalizing Hayovel. The Palestinians now have 45 days to appeal to the military appeals committee. But the road to full legalization is still long, as the entire settlement of Eli lacks an approved master plan.

Peace Now chairman Yariv Oppenheimer said Netanyahu and Defense Minister Ehud Barak were going to great lengths to legalize isolated outposts deep in the territories, even if this involves land expropriations, but "as far as evictions are concerned, the state is dragging its feet." He said this will encourage settlers to keep building illegally.

Eli's mayor, Kobi Eliraz, said he is glad the state is making progress toward formalizing the status of the Hayovel neighborhood.
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A la guerre comme a la guerre или вторая редакция Забугорнова