Regarding the proposed bill in the Knesset to retroactively approve the Amona dwellings in Samaria, MK Herzog is either unaware or chose to ignore a common legal right of governments across the world-- that of Eminent Domain- to make political hay.
"There is no precedent to a government approving a law that allows people to take private property belonging to others."- Opposition Leader MK Isaac Herzog
Regardless of your position on this issue, there is in fact hundreds of years of precedent for this.
Just one example, in the United States of America- "Kelo v. City of New London, 545 U.S. 469 (2005) was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner to further economic development. In a 5–4 decision, the Court held that the general benefits a community enjoyed from economic growth qualified private redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment." (from Wikipedia)
Just one example, in the United States of America- "Kelo v. City of New London, 545 U.S. 469 (2005) was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another private owner to further economic development. In a 5–4 decision, the Court held that the general benefits a community enjoyed from economic growth qualified private redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment." (from Wikipedia)
Full article below:
High Court rejects delay of Amona eviction; residents vow to fight
Politicians split over High Court ruling to move forward with Samaria outpost's eviction • Amona residents set up tent city, push for outpost regulation bill • Defense Minister Avigdor Lieberman warns: This cannot become a conflict with IDF soldiers.
The High Court of Justice on Monday denied the state's motion asking to postpone the eviction of the contested Samaria outpost of Amona by seven months, saying its original order, setting the outpost's eviction for no later than Dec. 25, must be carried out as planned.
"It appears that any length of time given, generous as it may be, is not enough [for the government]. We must take care to ensure that the deadlines determined in the ruling are not taken as a recommendation. The state's motion, which is based primarily on considerations that already weighed in the original ruling, effectively constitutes an attempt to undermine the delicate balance determined therein, and that is unacceptable," the ruling said.
The court further addressed concerns that carrying out the eviction in accordance with the ruling would lead to violence -- as the case during Amona's 2006 eviction, when residents clashed with Israeli security forces in an unprecedented manner -- stating that preventing the implementation of rulings due to such concerns cannot occur in a country ruled by law.
Given the sensitivity of the issue, there are concerns that the court's ruling may destabilize the coalition, as politicians are split on the proper course of action to take.
The outpost regulation bill, which would allow the government to retroactively grant contested Judea and Samaria outposts the necessary permits, effectively circumventing the court's ruling is set to face its preliminary Knesset reading on Wednesday. The controversial bill is being fiercely promoted by Habayit Hayehudi Chairman Naftali Bennett.
Amona residents called an emergency meeting Monday to discuss strategies to fast-track the bill and to fight the impending eviction.
Among other things, residents decided to set up a tent city at the outpost, where thousands of protesters are expected to arrive ahead of Dec. 25.
The head of the campaign to save Amona, resident Avichai Boaron, addressed Prime Minister Benjamin Netanyahu during the emergency meeting, saying, "The lives of Amona's residents, 40 families and 200 children, are in your hands. It is in your hands to save Amona, or, God forbid, to destroy it. The hand that will evict Amona on the first night of Hanukkah is your hand. We did not place our hopes in the High Court, and so we have no complaints. You are the commander in chief. We demand action, not words.
"The only way to care for us is to keep us at home via completing the legislative process for the outpost regulation bill. The responsibility is first and foremost yours, and only afterwards the government ministers'. If you do not regulate the lives of the children here, we will stand as a fortified wall along with the thousands, who will come here on evacuation day to the tent city that we will set up in the coming days in Amona to protest and to do everything we can so that Amona does not fall a second time."
Netanyahu indirectly addressed the court's ruling, saying at the beginning of a Likud faction meeting, "We are aware of the distress Amona's residents face and we are working in different ways to solve the problem."
Despite the fact that the government had two years to find a solution for Amona's residents, many in the political sphere were quick to criticize the court.
"The High Court judges have once again turned a cold shoulder to the settlements," Tourism Minister Yariv Levin said. "Once again [we hear] the intolerable screams to the heavens of entire families uprooted from their homes. In its decision today [Monday], the High Court proves that protecting human rights, a sacred value for our judges, does not apply to Amona's residents."
Culture Minister Miri Regev said, "I regret the High Court's decision. It is a cold decision that is disconnected from the public and from the complicated situation."
Habayit Hayehudi MK Bezalel Smotrich added: "As expected, the High Court rejected the state's request for a postponement. The suffering of the settlers and the expected consequences of the home demolitions without an alternative are not 'worth' a half-year delay for the court."
Speaking at a meeting with IDF soldiers Tuesday, Defense Minister Avigdor Lieberman urged Amona residents and those critical of the eviction to avoid taking out their anger on the soldiers tasked with carrying out the court's order.
"The IDF only carries out [orders], the government makes the decisions. The comments I heard this morning about opposition to the eviction of Amona are unacceptable. This cannot become a conflict with IDF soldiers -- and for those who can't take a hint, I am talking about the possibility that we will have to evacuate Amona."
At the same time, Opposition Leader MK Isaac Herzog said in an Army Radio interview that the outpost regulation bill is "a serious stain on the Israeli law book because it authorizes theft. There is no precedent to a government approving a law that allows people to take private property belonging to others."
Likud MK Benny Begin shared similar sentiments, saying, "This is a terrible bill, with the help of which people are seeking to retroactively approve the theft of land that is registered under the names of private individuals. If the bill is accepted, the law will be a stain on the settlements and will cause great damage to the State of Israel."
Despite Begin's criticism, Coalition Chairman Likud MK David Bitan told Army Radio Tuesday, "I think he needs to vote with us" on the outpost regulation bill.
Asked whether there should be free voting in Wednesday's preliminary reading, he responded, "Why should there be free voting? There is no reason to have free voting here. Regarding Begin, again, I respect him despite the fact that I disagree with him."
Bitan did, however, acknowledge that he did not believe the bill would help Amona residents, and noted that it would be retracted if another workable solution is found.
Meretz MK Tamar Zandberg said that "the government got exactly what it was after, to pass and illegal law and then to incite against the rule of law in Israel. The time has come for the government to take responsibility, explain the law to the settlers and do what it must do -- evacuate Amona."
The outpost regulation bill is expected to get a majority vote from the coalition in Wednesday's preliminary reading. It is then expected to be rushed through the Knesset Constitution, Law and Justice Committee so that it can pass a second and third reading before the December evacuation date.
Attorney General Avichai Mendelblit has expressed strong opposition to the bill, warning that it will not stand up to judicial scrutiny and will compromise Israel internationally.
"As attorney general, I am committed to helping the government realize its policy, which is now includes finding legal solutions to prevent the eviction of construction that was established with the involvement of the authorities, but these legal solutions will never fit within the framework of the law," said Mendelblit.
"We cannot accept solutions -- even through legislation -- that do not meet the requirements of the law, in this case, legislative law and international law. We also must not accept legislation that harms the status of the High Court. When the High Court rules in relation to a concrete case, wherein the state is required to demolish illegal construction on regulated private land, the state must act in accordance with the ruling, to the letter."
Palestinian Authority officials have threatened to take the outpost regulation bill to international legal bodies and to the U.N. Security Council. Palestinian Authority President Mahmoud Abbas' office released a statement, saying that the bill is "a grave step taken by Israel," and U.S. President Barack Obama's administration has also expressed concern about the move.
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