Posted on 12/31/2011 12:32:13 PM PST by Eleutheria5
The Ministerial Law Committee is set to consider a law that could put an end to arbitrary demolition of homes in new communities (outposts), preventing raids by soldiers and police to force families from their homes in places like Ramat Gilad, as occurred earlier this month. The law would require that a building or caravan placed on land be removed only if a court determined that the land where the structure was located belonged to someone else.
Currently, homes in such communities in Judea and Samaria can be demolished by a court order, based on a claim by an Arab that the land belongs to him. Regardless of whether or not the Arab claimant brings proof, the courts generally order the demolition of structures, although ownership of the land does not necessarily automatically fall to the Arab. The decision on whether the claim is valid is usually made by a Civil Administration official, who does not have any legal standing on land ownership matters at all. The High Court, which adjudicates such cases, does not examine the validity of the claim in advance, but accepts the official's position as the deciding one.
After issuing the demolition orders, the court decides the merits of the claimant's case. Often, such claims are found to be false. The new law would require that the Arab claimant prove ownership....
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(Excerpt) Read more at israelnationalnews.com ...
Unfortunately Israel has a Bolshevik oriented Court that seems to feel it has no constraints on taking out it’s hatred of dedicated Jews on settlers and if it means tearing down homes with no proof of improper building that is just fine. I don’t know how far this law will go or if it will even be enforced if passed. The Court might rule it improper.
Unfortunately Israel has a Bolshevik oriented Court that seems to feel it has no constraints on taking out it’s hatred of dedicated Jews on settlers and if it means tearing down homes with no proof of improper building that is just fine. I don’t know how far this law will go or if it will even be enforced if passed. The Court might rule it improper.
Perhaps the court could try some of its new found common sense in checking out all the Arab buildings on the pavement in the loop road around Jerusalem? Seems if you got a double yellow line painted down your asphalt living room floor it might be a good indication of a problem with building permits. Nah, won’t occur to them, cause its not Jewish houses to demolish...
The courts haven’t found any common sense. It’s Justice Beinish’s idiocy that’s made this law necessary.
Have you ever looked at the civil forfeiture laws in the US?
If the police say your car was used to transport drugs, they just take it from you.
If the police say pot was grown on your land, they just take it from you.
If they just say your money came from selling drugs, they take it away from you. And, when you have no money to hire a lawyer, they can't lose.
Oh, yes. RICO. I’ve been away too long and forgot. Of course, the drug dealers and racketeers it was designed to prosecute always have assets and income that they didn’t confiscate due to not knowing of it, so they can afford a lawyer. But at least there, there is some redress. They have to prove a case. Over here, an Arab or leftist NGO alleges that your house was built on private Arab land, and they first tear it down, then maybe try the issue. And now Beinish says that there’s no issue to try. Unless it’s part of the NJF land, it’s presumed private Arab land, even without identifying an alleged owner.
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