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The entire scheme was illegal. Israel's official position puts privately-owned Palestinian land off-limits for settlement construction because it's not for a "public purpose" under (still in force) Jordanian law. According to Plia Albeck, former State Attorney Office's Civil Division head:
Israel "may expropriate land for public purposes in the region, but regarding establishment of a new community, whose residents are Israeli citizens and at the time of establishment of the community do not live in the region, it is very doubtful that it is an expropriation for a public purpose in the region."
Former attorney general Yitzhak Zamir agreed in saying that "it is impossible to act under Jordanian law to expropriate private land for public purpose" to build settlements. Order 77/E was thus illegal and so is Ofra.
Israel also expropriated dozens of additional acres for an expanded area "not recognized as legitimate under international" or local (Jordanian) law. Further, most of Ofra's built-up land is not included under Order 77/E. In responding to recently filed petitions in Israel's High Court, "the state admitted that (Ofra's built-up area) contains additional lots that are recorded on the name of Palestinians...." It amounts to at least 58% of Ofra's built-up area.
The Ofra Cooperative Association, however, claims that it's held the land for many years without registered owners disputing it through legal action, so the land was lawfully theirs. The State Attorney's Office disagreed in stating "no proof had been made that the land was purchased by your client (and saying it is constitutes a) mere claim." The Civil Administration also provided no proof of purchase.
By law, all claimed West Bank land must be recorded in the Land Register under the name of the purchasers. Failure to do so is a crime. Ofra settlers said they failed to comply to "protect the lives of the Palestinian sellers" even though there were none. Also, according to Israeli attorney Plia Albeck, 90% of supposed West Bank purchased land involved forged "fictitious" documents.
As a result, Palestinian rights were grossly breached because Ofra construction "prevent(ed) them from possessing and exercising their ownership rights in the land and from gaining a living from it and from its agricultural produce."
Under Israel's Basic Law: Human Dignity and Liberty, 5752 - 1992, section three states: "there shall be no violation of the property of a person." Illegal settlement construction on Palestinian-owned land constitutes a grave breach. International law affirms it. Besides Fourth Geneva and numerous UN resolutions, Article 46 of the 1907 Hague Regulations states:
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