First: The definition of expropriation
The legislation in force in Palestine is devoid of the definition of expropriation, but it can be taken by analogy to the definition that was mentioned in the current Jordanian perceptions law No. (12) of 1987 and its amendments, which is a property or a property that is owned by it: it is owned by it or it is owned by us.
As for jurisprudence, acquisition can be defined as a legal procedure, whereby the government or the administration is able to expropriate property from its owner in order to achieve public benefit in exchange for fair compensation.
Second: The purpose of the expropriation
Through the definition, the goal of appropriation can be deduced, which is the achievement of the public benefit and its public good synonym. The general principle is that it is not permissible to acquire property except for the realization of public interest, and therefore private trust is suspended.
The public benefit is what is allocated for the benefit of the citizens, such as opening streets, schools, markets, hospitals, universities, public parks, and government-related buildings to serve the community and facilitate their lives.
The existence of the administration and the public utility is for the public benefit, in a clearer sense; We can explain the concept of the public benefit itself: actions whose primary purpose is to serve the citizen, to the extent that the state sacrifices the personal interest in exchange for the interest of society.
Entities and benefits of expropriation in the era of the Palestinian National Authority
First: The bodies of acquisition
Article 2 of the Acquisition Law No. 2 of 1953 stipulates that the bodies in whose favor the acquisition is made are the state (the government), the local council, legal bodies, or natural and legal persons (companies).
In principle, the legitimacy of expropriation rests with public figures, whether government, subordinate bodies, or local bodies, but the legislature also permits the right of ownership for the two personalities, companies, bodies, and associations.
The government: The government undertakes the expropriation process 0, the framework of public benefit for building institutions and its associated facilities in the various governorates, including the ministries, directorates, and their departments. The state is considered the executing body of the public good, as it in itself is a public benefit and interest, and here comes the legal rule that the benefit is public when the state recognizes it according to the law.
Local bodies: the authority has the right to own property for the public interest, but within its limits, in particular, the authority of a decentralized center, the law has granted it a moral personality, and this results in its right to own property. And the approval of the resolve of the state, through committees that are formed at the level of local bodies, and the Supreme Organization Council.
Legal personalities (companies): The state’s financial law gave natural and legal personalities (companies) the right to own property, and this is not a conflict with the public interest. Whoever does not achieve the realization of the prospect has been granted by the Law on the property of expropriation for the expatriates and may be published in accordance with the Acquisition Law No. 2 of 1953.
Second: Images of acquisition
Based on the revision of the Acquisition Law No. 2 of 1953 and the expropriation decisions published in the Palestinian facts, and the implementation of the decisions of the Supreme Court of Justice, we can say that expropriation is as follows:
1. Possession is permanent or temporary: This depends on what the originator requests from the Council of Ministers, and this depends on the purpose and objective of the public benefit. If it is continuous, then the original acquisition is for you, and if the purpose is to leave the property temporarily. , Provided that the original owner returns to the usufruct, and I settled his property after the expiry of the temporary acquisition period.
2. Free ownership and fair compensation: Law 11 gave the right to free voting equivalent to one-fourth of the original real estate area, partly owning or 30% | The entire property is paid in full. The free quarter deduction is only applied once, and partial expropriation has been applied more than once.
3. Expedited or immediate appropriation: Immediate expropriation is through the abbreviation of some ordinary acquisition procedures, which were detailed in the fourth axis of the acquisition procedures. It is noted that the expropriation law of 1953 authorized the Palestinian Council of Ministers to resort to urgent or immediate expropriation, And that is provided that the decision stipulates the completion
Third: The nature of the benefits of expropriation in Palestine
The nature of the benefits for which the acquisition decision is issued can be limited, through a reading of the collection of acquisition decisions, as follows:
- Construction of main and secondary roads, service streets, squares and public roundabouts, and expanding, modifying, or extending them.
- Construction of gardens, playgrounds for children14, walking tracks, public markets, public parking lots and car parks for the public.
- Establishing the necessary facilities for universities, schools, public educational institutes, homes and public cultural establishments, and the facilities necessary for the provision of educational services by the state, including the facilities and services designated for these facilities, such as laboratories, libraries, clubs, parking, and others.
- The purposes of urban planning, including the development and modification of structural, general and detailed plans, and the organization and definition of the building line, the purposes of urban renewal and the development of cities and villages.
Establishing natural reserves and the necessary works to protect heritage and historical buildings. Establishing quarries, slaughterhouses and farms necessary for agricultural, animal or fish farming production.
- Establishing landfills and facilities for waste disposal. Establishing stadiums, clubs, sports centers and other sports facilities.
- Establishing public transportation lines and facilities, by land, sea and air, including the construction of airports, ports, harbors, bridges, underpasses, and tunnels, and expanding or modifying them.
- Buildings of government agencies and the like, such as ministries and their agencies, public institutions and bodies, municipalities 22, public legal persons, and the judicial and legislative authorities.
- Establishing houses of worship, establishing public cemeteries and shrines 24, or modifying or expanding them, or providing the necessary facilities and services for them.
- Establishing hospitals, health centers, general clinics, specialized medical centers and other facilities necessary for the provision of health services by the state.
- Establishing social welfare homes and other facilities required for the provision of social care by the state.
- Establishment of energy projects, electrical installations intended to generate energy, lighting and the necessary networks.
- Establishing industrial zones supervised by the state. Establishing public networks for wired and wireless communications and radio and television transmission and the necessary stations.
- Establishing the necessary facilities for internal and external defense and security.
Public projects for water, purification, sanitation, agricultural drainage, groundwater, water tanks intended for public distribution, and extensions of their networks.
- Housing services projects that are prepared for citizens in accordance with the provisions of the laws and decisions in force, as well as the areas designated for public services and facilities necessary for these projects.