Expropriations Objections Committee

 
​The Committee for Objections to Real Estate Appraisals, under the Land Ordinance (Acquisition for Public Purposes) 1943.

Expropriation of Land is the acquisition by the Government of land for public purposes.  The acquisition is compulsory, without the consent of the owner of the land and entitles the land owners to payment of compensation. There are a number of statutes that permit expropriation of land and the main one is the Land Ordinance (Acquisition for Public Purposes) 1943 (hereinafter - The Land Ordinance).

The Land Ordinance was amended in 2010, many changes having been made in it including the establishment of the Objections Committee. 

 The Objecti​​ons Committee

The main function of the Objections Committee is to decide disputes  oncerning the amount of compensation for the expropriation of land. 

A further function of the Committee is to decide financial disputes deriving from cancellation of an expropriation, in the context of exercise of the right of reinstatement or the right of reacquisition:

  1. In the event of a right of reacquisition arising in favor of a person who was the owner of rights to land that had been appropriated, and he is disputing the acquisition amount that was fixed, the dispute will be decided by the Committee.
  2. In the event of a right of reinstatement arising in favor of a person who was the owner of rights to land that has been expropriated, the Authority shall in such a case reinstate his rights to him as against return of the compensation, with the addition of a payment in respect of the degree of betterment deriving from actions and investments of the Authority. A dispute as to the amount of the payment in respect of betterment will be decided by the Committee.

Composition of the Committee:

  1. A State Employee appointed by the Minister of Justice and who is qualified to be a Magistrates Court Judge - shall be Chairman of the Committee.
  2. The Chief Government Appraiser or another Appraiser on his behalf.
  3. A Final Decision Appraiser .

Who is entitled to apply to the Objections Committee?

The following conditions must be satisfied in order to have an objection heard by the Committee:

  1. The land owner, or the owner of a right or benefit in the land (hereinafter - The Rights Holder) whose rights have been expropriated.
  2. Where the expropriation was implemented by means of the Land Ordinance.
  3. The expropriation was implemented after the amendment of the Ordinance (February 15, 2012).
  4. The expropriation was implemented by the Minister of Finance or his representative (such as:  Israel Railways, the National Highways Corporation).
  5. The Rights Holder is disputing the amount of compensation offered to him.


Matters not within the competence of the Committee:

Expropriations under the Building and Planning Law.

Expropriations of Local Authorities.

Old expropriations - land in respect of which notification was published under Section 5 of the Land Ordinance prior to the commencement date of the 3. Amendment to the Ordinance - February 15, 2010.

A dispute that is not about the amount of compensation, for example, a dispute about the rights to the land, or arguments against the legality of the expropriation.


Final Decision Appraiser - Parallel Jurisdiction

The Objections Committee and the Final Decision Appraiser have parallel jurisdiction to consider the same matters. The Rights Holder may elect whether to object to the Objections Committee or to the Final Decision Appraiser. 

 

A condition for having the matter heard by a Final Decision Appraiser is that all the objectors in respect of the same expropriation notice request that the decision shall be made by the Final Decision Appraiser. Where all the Rights Holders have not applied to the Final Decision Appraiser jurisdiction shall lie solely with the Objections Committee.


​Submission of an objection

  1. The Rights Holder who is disputing an amount of compensation, a payment in respect of betterment or a price of reacquisition may submit an objection within 90 days of the date on which he was notified of the determination of value.
  2. The objection shall be submitted to the Secretariat of the Committee in 5 copies.
  3. The statement of objection shall be prepared in accordance with the attached Form.
  4. The following shall all be attached to the Statement of Objection:
              (1) A copy of the expropriation notice as published in Reshumot;
              (2) A registered Land Registration Title Extract, or other document that is evidence of the right to
                   the property, if the right is not registered in the Land Registers;
              (3) A copy of the Land Appraisal which was attached to the determination of value;
              (4) A Land Appraisal prepared on behalf of the Rights Holder, provided that the Committee may,
                   pon the application of the Rights Holder, exempt him from submitting such a Land Appraisal, if it
                   is of the view that this is not necessary in order to decide the dispute;
              (5) An Affidavit authenticated by an attorney, in corroboration of any factual claim raised in the
                   statement of objection;
              (6) Any other relevant document which the objector wishes to present to the Committee;
              (7) A receipt for payment of the statutory fee for submission of an objection. 


​Statutory Fee for submission of an objection


For submission of an objection to the Objections Committee payment shall be made of a Statutory Fee of NIS 1,124. 

 

Service of the objection on the Respondent

The Statemen​t of objection and certification of submission of the objection to the Committee shall be served by the Objector on every Respondent to the objection:

  1. In relation to an expropriation implemented by the Minister of Finance the Israel Lands Authority shall be the Respondent to the objection.
  2. In relation to an expropriation implemented by another party (with the authority of the Minister of Finance pursuant to Section 22 of the Land Ordinance) the expropriating party shall be the Respondent.  The Objector must serve a copy of the objection on the Israel Lands Authority, who may give notice that it is appearing as an additional Respondent.
  3. The Committee may at any stage order the addition of an additional Respondent.


​Answer to the Objection

The Respondent shall submit his answer to the objection within 45 days of the date of service upon him of the Statement of Objection.

 

The Respondent shall serve a copy of his answer on the Objector, and upon any other Respondent.

 

Where the time for the filing of an answer to the objection has expired, the Committee shall hear the objection according to the material before it even though one of the Respondents has not submitted an answer to the objection.

 

Hearing ​of the Objection

The Committee shall conduct a hearing of the objection no later than 45 days from the date of submission of the answer on behalf of the Respondent, or from the date prescribed for the submission thereof.

Following submission of the Statement of Objection and the Answer no further documents will be accepted other than with leave of the Committee.

The Committee may decide to consolidate objections and hear them all together.

The Committee may decide an objection according to the material submitted to it in writing, without a hearing in the presence of the parties.


​Decision

A decision on an objection shall be given within 90 days of the date of conclusion of the hearing of the objection.


​Appeal

An appeal is permissible by way of an Administrative Petition against a decision of the Committee within 45 days, to the Administrative Affairs Court sitting in the area of jurisdiction in which the land that is the subject of the decision is situated



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