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Attorney for Land Expropriation Matters in Jerusalem – Avital Horef

Land expropriation is the forced purchase of private land by public bodies for the public interest.

There is no dispute that this is a governmental act that radically violates the property rights of private land owners, but sometimes there is no escape from taking it in the public interest..  

However, there is also no doubt that it is very important to ensure that it is carried out legally, and to take it only when there is no other reasonable alternative that can provide a response to the public interest without harming private interests, and of course also fairly and appropriately compensate the private owners.. 

What is the legal source for land expropriation??

The legal source for land expropriation is not anchored in just one law, but in at least 20 different and separate laws.

The two main laws are the Lands (Acquisition for Public Purposes) Ordinance 1943 and the Planning and Building Law, 1965.. 

Additional laws are the Law to Amend the Laws of Acquisition for Public Needs, 1964; the Water Law, 1959; the Antiquities Law, 1978; the Israel National Highway Law, 1994; and more.. 

Who are the public bodies authorized to expropriate land??

Each of the laws that grant the authority to expropriate land also defines the public bodies that are authorized to expropriate under it.. 

For example, the Land Ordinance grants the authority to expropriate land to the Minister of Finance, the Planning and Building Law grants the authority to expropriate land to the local planning and building committees, the Water Law grants the authority to expropriate to the Mekorot Company, the Israel National Highway Law grants the authority to expropriate to the Cross-Israel Highway Company, the Antiquities Law grants the authority to expropriate to the Israel Antiquities Authority, and so on.. 

What are the public purposes for which land can be expropriated??

Each of the laws that grant the authority to expropriate land to certain public bodies also defines the specific public purposes for which the land can be expropriated.. 

For example, Section 188 of the Planning and Building Law states that local planning and building committees are authorized to expropriate land for a long list of purposes defined as “public needs”: roads, parks, recreational or sports areas, nature reserves, antiquities, parking areas, airports, ports, piers, train stations, bus stations, markets, slaughterhouses, cemeteries, buildings for educational, religious and cultural purposes, community institutions, hospitals, clinics, public shelters and shelters, police stations and fire service stations, sewage facilities, landfills, water supply facilities, as well as any other public purpose approved by the Minister of Finance for the purposes of Section 188 of the Law.. 

Section 2 of the Land Ordinance grants the Minister of Finance the authority to expropriate land “for public needs”, encompassing within its framework all the public needs defined in Section 188 of the Planning and Building Law, and in addition adding to them many other facilities and structures, such as a military camp, police station, prison, establishment, expansion or development of a settlement, infrastructure facilities, communications, water, waste, gas stations, and more, as well as any other public need approved by the Minister of Finance, in consultation with the Advisory Committee and with the approval of the Knesset Finance Committee.

What are the procedures for land expropriation?? 

As stated, land expropriation is an aggressive governmental action due to its profound violation of individual rights. Therefore, and to ensure that it is carried out legally and only when there is truly no escape from it, the legislature determined that it will be carried out through several stages, which, among other things, will allow anyone affected by the expropriation process to oppose it and protest against it to the extent possible.

First and foremost, one must of course begin by making a legal decision on the actual expropriation (it should be remembered that the decision regarding the expropriation of land also necessarily includes a decision regarding the change of the land’s designation to land for public purposes). As part of this stage, one must ensure that the expropriation decision is made by a public body that is authorized to make it, for a public purpose defined by law, and in the absence of another reasonable alternative for realizing that purpose.

In the second stage, the intention to expropriate must be publicly announced. To this end, the public body must publish a detailed notice announcing 

of his intention to expropriate, and indicates the details of the land to be expropriated, the purpose of the expropriation, and the date. This notice must be published in the records, in the press, and on a sign placed on or near the land. In addition, this notice must be delivered personally to each of the registered owners of the land at the Land Registry Office (TABU), and a warning note regarding the expropriation must also be recorded in the TABU. The purpose of this stage is to inform the private owners of the intention to expropriate their land and to allow them to submit objections to it..  

In the third stage, a second notice must be published in Reshumot, regarding the seizure of possession of the land by the public body. This notice instructs the person who holds the land to hand over possession of the expropriated land to the public body on the specific date specified in the notice.. 

Finally, the expropriation process ends with the transfer of ownership of the land in the land registry to the name of the public body, while paying compensation to those who were its private owners.. 

Why is it recommended to consult with an attorney who specializes in land expropriation? 

When any claim arises regarding the expropriation process, it is recommended to consult with an attorney who specializes in land expropriation to examine the circumstances of the case and determine whether there is any legal action that can be taken regarding that process.. 

Indeed, various legal proceedings can be conducted for a variety of purposes, such as canceling the expropriation, opposing the seizure of possession of expropriated land, returning illegally expropriated land, canceling old expropriations that were not actually implemented, receiving adequate compensation for the expropriated land, receiving compensation for land that was damaged due to the proximity of the expropriation, and more.. 

By the way, contrary to what may be commonly thought, there are quite a few cases in which it is possible to fight the expropriation decision itself and not just fight for an increase in the right to compensation.. 

These are, for example, cases where the expropriation processes took many, many years, and by the time the expropriation received final legal validity, it became clear that the public purpose for which the land was expropriated was no longer needed, or that another reasonable alternative could be found to realize that public purpose and forgo the expropriation of the land, and so on. There are also cases in which it turned out that the public body abandoned the purpose of the expropriation, and did not begin to do anything to realize the purpose of the expropriation, many years after it was carried out. In all these cases, it is recommended not to despair and assume in advance that there is nothing to be done, but to contact an attorney who specializes in and is experienced in land expropriation law..