Town planning law, land property law and other institutions

Publié le par olivier Legrand

Local Government
Three types of local authorities: municipalities, local councils and regional councils, and three Federation (the Municipal Federation, Union of Local Authorities, and Organization of Regional Councils).
-Municipality : Urban town with a population of more than 20,000. 51 Municipalities
-Local Council: smaller settlement, 150 local council
-Regional council: two tier local authorities, lower tier is an agricultural settlement
Other Local institutions
-Municipal federations: adjacent local authorities with single purpose and they have their own budget, allow issuing bylaw, levying taxes and signing contract
-Union of Local Authorities is a voluntary organization of municipalities and local councils. Its purpose is to deal with the government ministries and the Knesset. Present in the negociation around the wage agreement.
- Organization of Regional Councils is a voluntary organization of Regional councils

Election
The local authorities are headed by councils whose members are elected every five years on the basis of the proportional representation of their political parties.
-The Municipal and local council: the number of seats is determined by the population’s size, from 9 to 31 for the Municipalities and from 5 to 21 for the local councils.
-Mayor is elected directly

Functions
-Physical Infrastructures: road system, water supply, refuse collection and disposal system, sewage system, and parks
- environmental protection
- education system (in partnership with the Ministry of Education, Culture and Sport) : build school, provide equipments and maintenance for Pre-kindergartens and secondary education institutions
-Cultural and sport activities
-Town planning: Town Planning regulate by the Planning and Building Law, 5725_1965, two institutional bodies are responsible of the implementation of the town planning policy, the local Planning Commission and the District Planning Commission.
-Local Planning Commission is composed of members of the local council. They are in charge of day-to-day management and onsite compliance with regulation.
-The District Planning Commission is composed of the government ministries’ representatives, it approves detailed local plans and act as an appeal court.

Incomes sources
    Three main sources of incomes, local taxes, government participation and loan
- Government financial participation: the general grant, earmarked participation and development project grant and loan.
The general grant is provided to the local authorities without being tied to any specific expenditure
-The earmarked incomes are coming from in the Ministry of Education (salaries of somes educational personal), Culture and Sport and the Ministry of Labor and Social Welfare (finances 75% of local welfare activities according to standards set by the Ministry, but most of the authorities exceed these standards).
-Development projects grants and loans: Government ministries provide grants and loans to finance development projects such as educational and cultural facilities, roads, water and sewage systems, as well as general development grants for projects selected by local preference. Occasionally loans have been granted to balance the authorities' regular budgets and reduce deficits.
Source: The American-Israelu Cooperative Enterprise (AICE) wedsite, http://www.jewishvirtuallibrary.org/jsource/Politics/how_govt_works.html


Expropriation Laws

-The Absentee’s Property Law, 1950.123
     This law allowed the state to acquire real property left by those who were expelled or fled their homes during the 1948 war. The absentee status does not change should the person re-enter the country or even if the person remains in the country—these people became known as “present absentees.” Estimates by the Israeli Custodian of Absentee Property and the JNF (Jewish National Fund) suggest that between 70-88 per cent of Israeli territory consists of land classified as “absentee property.”
Source: Rangwala T. S. (1004), Inadequate Housing, Israel and the Bedouin of the Negev p.439

-The Land Acquisition Law (1953)128 stated that land not in the possession of its owner as of April 1, 1952, could be registered as state property.
Source: Rangwala T. S. (1004), Inadequate Housing, Israel and the Bedouin of the Negev pp.439-440

-The Land Rights Settlement Ordinance (1969)135 classified all mawat lands as state property, unless formal legal title could be produced. The Ottoman Empire used a term called mawat (literally “dead”) to describe land that was unworked and more than 1.5 miles from the nearest settlement. The Israeli courts would not recognize tents as settlements and denied that pastoralism as practiced by the Bedouin constituted “working” the land.
Source: Rangwala T. S. (1004), Inadequate Housing, Israel and the Bedouin of the Negev pp.440-441


Zionist institutions

The World Zionist Organization (WZO), the Jewish Agency (JA), and the Jewish National Fund (JNF). These organizations functioned as the leadership of the Zionist movement before the creation of Israel. After the formation of the state, in 1948, they were given quasi-governmental status and deal with the acquisition of land, the provision of funding for land purchases, and the general development of the state.
The Knesset has issue laws that transfer state land to the JA or the JNF, while making no explicit provisions about how that land is to be distributed. These organizations administrate programs and projects.
 Source: Rangwala T. S. (1004), Inadequate Housing, Israel and the Bedouin of the Negev pp.431-433
-Jewish Agency: Organization formed in 1929 as the formal representative of the Jewish community vis-a-vis the British mandatory government. It gradually acquired the attributes of a proto-government for the Jewish community. After the establishment of the State of Israel, the Jewish Agency shifted its focus to issues common to the State and to Jewish communities abroad.
-Jewish National Fund: The land purchase and development fund of the World Zionist Organization, founded in 1920

Source : The American-Israeli Cooperative Enterprise (AICE) wedsite http://www.jewishvirtuallibrary.org/jsource/glossJ.html

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