Shaked: This is a victory for the outposts

Justice Minister hails deal to pass Regulation Law, but concedes Amona residents will pay a price.

By Ruet Hadar, ARUTZ SHEVA

Jewish Home MKs

Justice Minister Ayelet Shaked (Jewish Home) responded on Monday to the deal worked out between Prime Minister Binyamin Netanyahu and Education Minister Naftali Bennett (Jewish Home) on Sunday to pass the RegulationLlaw and resolve issue of Amona.

“We think that the Regulation Law is an extraordinary historic achievement, even without the Amona clause,” Shaked told Army Radio on Monday. “The residents of Amona are paying a very heavy price, but this price isn’t being paid for nothing; we’re getting in return normalization for the entire [Jewish] settlement [enterprise] in Judea and Samaria.

Now, Shaked added, the coalition must help residents of Amona’s transition to the new site for their community, and avoid a confrontational evacuation.

“We’re planning on sitting down to speak with [the residents of Amona], because a mutually agreed upon evacuation will save a lot of heartache and a lot of money.”

MK Motti Yogev (Jewish Home) was more circumspect in his assessment of the deal.

“I feel terrible that we were unable to prevent the removal of Amona from its [present] location and that dozens of families will have to be evacuated and be removed from their homes.”

Nevertheless, Yogev continued, he chose to look at the deal ‘as a cup that is half full [rather than half empty], since with the passage of the Regulation Law along with the agreement to use the Absentee Property Law, will allow Amona to remain on the [same] mountain and, God-willing, expand with the purchase of lands.”

The agreement hammered out, tentatively called the “Regulation Package”, would secure the passage of the Regulation Law – but without a clause retroactively applying the law to communities already slated for demolition by Israel’s Supreme Court.

The Regulation Law would, if passed, protect Jewish communities in Judea and Samaria from ex post facto claims of ownership on the land made years after the towns were built. It is estimated that potentially thousands of Jewish homes built with government aid would be protected by the law.

Without the clause providing for retroactive normalization, however, the community of Amona north of Jerusalem, which is slated for demolition by December 25th, will not be protected by the Regulation Law.

As part of the arrangement, the government will apply the Absentee Property Law to those plots in Amona which have no active claims against them, normalizing their status. The remaining homes in Amona will be relocated to those nearby sites, thus keeping the community largely intact.

December 5, 2016 | 8 Comments »

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8 Comments / 8 Comments

  1. Bear Klein Said:

    So I say take it period. If you need to pay someone in eminent domain style of payment, do it.

    The Arabs have no legal title to the land,(who could they have got title from…) no unforged documentation, and these particular Amona Arabs were living placidly just a few miles away all the time showing absolutely no connection to this piece of rocky mountain at all. In fact,it couldn’t be more obvious that they had no connection with it at all, and the schmuckl has been faked up by the traitorous Israeli-so called- leftist NGO.

  2. @ Ted Belman:
    Kahlon thought retroactive creating law after a court decision would undermine the court and so he refused to vote for the regulation law with Article 7 which pertained to Amona.

    I am just against kicking out Jewish families on land they live on. They did not steal this land nor force anyone off of it. There was no one working this land.

    There is a war for the land between the Jews and Arabs. So I say take it period. If you need to pay someone in eminent domain style of payment, do it. People have gotten caught up their own bullshit.

  3. @ bernard ross:
    @ Ted Belman:

    A- there are precedents where in such cases the plaintiffs are awarded a sum set by the court usually above market value. Similar to domain rights.

    B- The Law is not applied equally between Arabs and Jews. Arabs under Israeli jurisdiction have and still are building massively without permits and are considered illegal…. Does anyone check to see the land those illegal structures were built with the consent of lawful owners? I think not.

    C- The SC seldom requires conclusive proof from Arab plaintiffs in property disputes but accepts usually without question their claims. Not so with Jews.

    None of these disputes are contested because of Law but because of political agendas pursued by the secular Liberal universalists & radical left in and out of Israel using the ultimate power of the SC as their weapon and mode of power….. It is the left, their world view against the religious and nationalist world view of Jews holding those beliefs.

  4. it’s too early to celebrate. a pro-Pal NGO will doubtless find some Arab to bring suit before the High Court and challenge the Reg. Law. Meretz, Peace Now, etc. will join as friends of the plaintiff and Obama and Kerry will add to the chorus. Bibi will play chess as usual and move the pieces back and forth, neither winning nor losing. Meantime, Amona will be destroyed and the High Court will rule in favor of the plaintiff, citing international law, the Geneva Convention, the need to show the world how just and fair Israel is…

  5. @ bernard ross:
    I had the same reaction. Apparently Amona is already subject to a Court order whereas the others aren’t. I find this is a weak distinction. Surely upon this law being passed the residents could apply to the court for a different ruling giving the fact that such housing in the future could not be demolished.

    Perhaps what is really at stake here is that the government feared that if it included Amona Obama would have a hissey fit.

  6. Has anybody ever out-argued any Jewish lawyer? Baruch HaShem that nobody will ever able to create one based on artificial intelligence. Or maybe they already have done so. What about that, Ted?

    Arnold Harris, Outspeaker

  7. so much smoke an mirrors….. we never see all this negotiation and haggling over the GOI facilitate illegal euro building of muslim homes in area C… nor do we see it for the lands they keep giving to pal cities in area C… apparently there is no problem for the high court to allow muslims to build homes in area C but the high court and the GOI make big dramas over a few Jews. They say they are going to move them on the same mountaintop… the whole thing is aburd.
    why is it condidered illegal and illegitimate in the nation of Israel for jews to live in Judah Samaria?
    Why does the high court allow the surrpetitious practice of giving land in area C for pal cities?
    It appears to me that, in function and de facto, that the GOI and the HIgh Court simply play the same role that the Judenraat leaders of the nazi ghettos played as administrators of ghettos on behalf of the nazis. The high court and the GOI restrict the Jews to living inside the euro designated ghetto boundaries of the major settlement blocks and instead give the muslims land for new settlements.
    This article does not explain why they did not include Amona.. it is absurd to move them to another part of the same mountain… what part is the High Court playing in this agreement.. have they guaranteed that they will accept it or will they use the ruse to move everyone to the temporary location and then have the High Court strike it down? In the best of circumstances this hughe song and dance will claim a big victory on behalf of settlers, the victory of once more driving Jews from their homes….. for who….. for those who teach their children that jews are sons of apes and pigs.

    Only evil can come out of this modus operandi of driving jews from their homes in the Jewish homeland. There is no legal reason for a state of Israel or gov of Israel except as legally mandated at the LON for the immigration and settlement of Jews …….NOT the settlement of muslims.

    Judenraats pretending to save Jews… but from who? From other Jews.

    It should be no big megillah to keep amona as it is… its all a fraud.