As Rosh Hashanah approaches, good news has emerged for the settlement enterprise. The Jerusalem District Court has published a precedent-setting ruling allowing the residents of Mitzpe Kramim, in the West Bank overlooking the Jordan Valley, to stay in their homes in their community.
It is unlikely that the Supreme Court will overrule this decision on appeal, which means that hundreds of homes that were innocently constructed in Judea and Samaria on what some claim is privately owned Palestinian land will remain standing.
The founders of the state purchased lands in various parts of Judea and Samaria so Israel could not be accused of theft.
Their successors, who brought the Zionist vision to fruition, are not supposed to build homes on land owned by someone else. But over the years, for reasons that have nothing to do with the settlers, disputes have arisen about who owns some of the lands on which the settlements were built.
For decades, the High Court of Justice has been dealing with the complicated issue of settlements in Judea and Samaria, which involves international law, property rights, and contracts. There are also political aspects.
Because of how the High Court handles cases, it was impossible to conduct a thorough investigation of the evidence about who owns what. There have been dozens of Palestinian petitions to the High Court.
As a result, flourishing settlements were tearfully evacuated. Jews were exiled from their homes and the Palestinians with whom the law sided gained nothing.
Justice Minister Ayelet Shaked, in coordination with the Prime Minister's Office, the Agriculture Ministry, and the Defense Ministry, established a committee to regulate the status of settlements. The committee suggested using an existing law which states that if the person responsible for a property made an honest deal under the assumption that the land belonged to the government, the transaction would stand. Shaked also moved disputes over land ownership to the jurisdiction of the district courts rather than the High Court. Attorney General Avichai Mendelblit adopted the committee's recommendations.
If the appeal is rejected, it will save hundreds of homes from destruction. Palestinians who can prove they owned the land will receive appropriate compensation.
