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OpEdNews Op Eds    H3'ed 9/28/09

Israel's Ofra Settlement on Unauthorized Palestinian Land

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-- landowner approval must be gotten;


-- only one residential structure per original plot may be built provided the area is at least 1000 square meters; even if much larger, the "one" rule applies; and


-- distances between structures and plot boundaries must be at least five meters.


Ofra construction failed to comply on all counts. "Residential dwellings and public buildings have been built in total disregard of the provisions of the Mandatory plan."


In October 1979, Israel's High Court ruled that privately-owned Palestinian land seizures by military requisition order were only lawful if they served "a clear security interest." Yet a month later, the government decided to establish settlements only on "state-owned land" without ever defining it properly.


Contrary to valid Jordanian law, Israeli policy states that "land that is not registered in the Land Registry, and has never been cultivated or is not suitable for cultivation, or was only cultivated in the distant past, is state land."


However, land registered to Palestinians is their land and may not be declared government property. Yet Israel twisted the law to declare 16% of the West Bank state land besides another 14% pre-1967 under Jordanian rule giving Israel 30% ownership and growing.


B'Tselem petitioned the Civil Administration for clarification, clearly marked on a map to show:


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