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Palestinian landowner doubts Migron will be evacuated
Elior Levy
Published: 27.08.12, 00:22
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23 Talkbacks for this article
1. I wonder what the alleged landowner ...
Sarah B ,   U.S.A. / Israel   (08.27.12)
... will do with the land. If Migron gets razed, everything gets razed with it -- water pipes, electrical lines, parks, trees -- everything. Scorched earth. The Jews will leave nothing behind, especially that which the alleged owner had hoped -- ready-built homes, electricity, running water, trees, grass .... not going to happen. The ersatz "Palestinian" claiming to be the owner of the land is going to get exactly what he sold -- a dry, barren, and infertile patch of unforgiving rock-strewn dirt. Can't wait to see what he does with it.
2. Scorched land
Nadya ,   California, U.S.   (08.27.12)
Why shouldn't they leave what they built? You talk as though building and using the land that belongs to someone else is something to be proud of. It's only out of spite they would destroy what's left. Why not leave any improvements as payment to the real land owner?
3. Who had the right to sell our land to Arab colonialist?
Chaim Ben Kahan ,   Efrat, Israel   (08.27.12)
No one had the right to sell our land. One cannot invade our nation, steal our land, murder our people and claim ownership. Israel was and is a sovereign nation and the land in question is part of Israel.
4. He does whatever he wants.
Donal ,   Derry UK   (08.27.12)
Legally he has proven he owns the land. It can sit fallow and collect rocks on it if he pleases but he owns the land.
5. I reject the claim that Arab owned the land
BEN JABO (MACHAL) ,   ISRAEL   (08.27.12)
He should be willing and able to supply the documents that confirm his ownership WHERE ARE THEY? P.S. Old rusty keys in a beaten up cigarette tin don't equate to valid documents
6. To: #1 Sarah B.
I Love Fanatics ,   Ohio, USA   (08.27.12)
Sarah, Any and all improvements made to a property, regardless of who paid for the improvements, belong to the landowner. Since you are an attorney, I’m sure you already know that.
7. Bibi is a huge disappointment
Rachel ,   US   (08.27.12)
8. #1 that'll be the real landowner's business
Cynic #2   (08.27.12)
but I am sure that he'll replant it with olive trees.
9. Bring in the bulldozers and vacate the stolen land
Haim ,   TA   (08.27.12)
10. Hasn't Mr. Netanyahu learned the lessons of history?
Patriotic Israeli ,   Tel Aviv, Israel   (08.27.12)
All Prime Ministers who give away our land given to us by G-d NEVER served another term of office, and that includes Netanyahu himself. He was given a second chance by God, and now he's going to blow that chance. History WILL repeat itself, as it always does!
11. To: No. 2
Sarah B ,   U.S.A. / Israel   (08.27.12)
Why should anyone reap the benefit of land which the Jews purchased in what they thought was a good-faith transaction, only to discover that it wasn't a good-faith transaction after all? Has it occurred to your pea brain that this might have been the plan all along? Taking advantage of Jewish sweat equity? It's not spite -- it's simply restoring the land in its initial condition. Unless, of course, the alleged "owner" wants to pay for the improvements. Otherwise -- he gets exactly what was sold -- why should he reap any advantage from a fraudulent transaction?
12. "and the land in question is part of Israel"
Ken   (08.27.12)
Sez who? Not the UN or the US or even Israel (at best Israel says it is 'disputed'). The only people who say it belongs to Israel are a small minority of rightwingnuts, and nobody listens to them....
13. To: No. 6
Sarah B ,   U.S.A. / Israel   (08.27.12)
Not in Israel, it doesn't. In Israel, the landowner would have to pay for all improvements. Considering the improvements that have been made by the Jews have been legion, you're looking at amounts in the millions of shekels. If the landowner refuses to pay fair market value for those improvements, he gets back exactly what he sold. It's an old ersatz "Palestinian" trick -- sell your land through a third party; wait for extensive improvements to be made; feign outrage and demand your land back, claiming that you never sold it in the first place. That makes it a fraudulent conveyance, doesn't it? Since when does a seller benefit from perpetrating a fraud?
14. #4 get with the program
israel israeli ,   tel aviv   (08.27.12)
The Arab hasn't proven anything, that is why the Jews are protesting. Usually, you go to a lower court, prove your ownership and then see what can be done with the squatters. In this case, a foreign organization filed a claim directly with the Leftist High court, the court ordered a violent eviction without determining ownership, and corrupt government officials agreed without giving the Jews a chance to defend themselves. The funny thing is that if the Arab does own this land, is because it was given to him by the Jordanian King, which is illegal as the Jordanian occupation was illegal
15. #7 funny and sad
israel israeli ,   tel aviv   (08.27.12)
You know what is funny? The only people who are happy with this evil decision are people who hate Netanyahu more than they hate the Zionists. You know what is sad? Netanyahu could have been great but chose to end up as a piece of trash on the side of the road.
16. @14 unfortunatly our government has to follow court orders
rebecca ,   Modiin   (08.27.12)
Unfortunately the law in Israel is still that the elected government has to follow the un-elected elitist Leftist courts, even when those courts are totally out of order. I think our gov has been trying to sort out this mess, but the courts are playing power games and not listening to the gov at all.
17. Land
Betram ,   London, UK   (08.27.12)
The incessant debates over legal ownership of land in the context of disputes between nations (even if one is deemed to be 'ersatz') reflect the old question: how many angels can dance on the head of a pin? There is much talk of 'indisputable facts' but doesn't the legal profession largely exist to dispute 'indisputable facts'? This often works itself out in cases involving private parties who are prepared to submit to the judgements of a court. However, the narrow legalistic narrative is bankrupt where rival claims are based on ideologically held positions rooted in rival histories, whether Arab nationalist, Islamic, Zionist, or Canaanite. As Woodrow Wilson once said 'I used to be a lawyer but now I am a reformed character'. Perhaps it is time for 'reformed characters' on all sides to sit down and progress towards a political solution. If that could happen then the private disputes might also be solved. There we go - more unrealistic, naive, treacherous utterings from a 'leftist' and 'self-hating Jew' (I must learn to tow the correct Stalinist - nationalist line).
18. To: #1 & #13 Sarah B
I Love Fanatics ,   Ohio, USA   (08.27.12)
Any and all improvements made to a property, regardless of who paid for the improvements, belong to the landowner. Any attorney could tell you that.
19. #18 diff country diff laws
Slice ,   Tx, US   (08.27.12)
Do you really believe the laws of the US are the same in every country in the world. Well there not, so stop stuffing your foot into your mouth and maybe you will stop talking like an idiot.
20. Re: #18
I Love Fanatics ,   Ohio, USA   (08.27.12)
Sorry for the redundant post. Normally, if the person who made the improvements did so based on the belief that the property was theirs, they can pursue compensation though the courts - they can't just go in a tear it up. But, as you said, the law is different in Israel.
21. # 20 You are no attorney
Big bad Jew ,   United States   (08.27.12)
leave that up to the experts...
22. To: No. 18
Sarah B ,   U.S.A. / Israel   (08.27.12)
That is NOT true -- contracts of sale in the United States would have to stipulate that improvements made to property are included in the sales price. In point of fact, they usually are -- it's called "basis." But not always, and the seller is under no obligation to preserve improvements -- he can pull up newly installed pine flooring, if he wishes, as long as he substitutes it with something else that meets minimum standards. But Israel has no such law and the property at issue is governed by Israeli law. Duh. I Hate Idiots!
23. To: No. 20
Sarah B ,   U.S.A. / Israel   (08.27.12)
Actually, in the United States, real property transactions are governed by contracts of sale. Whatever is stipulated in the contract of sale governs. If the contract of sale does not stipulate a particular term or condition, the right accrues to the seller, not the purchaser. But you've flown wide of the mark. The property at issue in the instant case has (i) not been established as belonging to the Arab claimant; and (ii) if it is indeed his property, then its sale was the subject of a fraudulent conveyance, and the property may be returned to him in the same state as when it was acquired by the duped purchaser. Now, I realize that you are not the sharpest knife in the drawer, but, I ask you this: if you lived right next door to property which belonged to you, could you possibly fail to see that considerable construction was going on? Wouldn't you want to know why, and take steps to stop it? Why did it take this alleged landowner almost ELEVEN YEARS to "remember" that the property belonged to him? Do you know what would happen to him in the United States? He'd fall victim to squatters' rights laws, and lose his property, or else get about ten cents per acre in compensation. Caveat emptor? Try Caveo Cavi Cautum Exigo!
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