Civil Case (Be’er Sheva) 7137-09-18 Netanel Attias v. Alon Goren - part 17

The ILA's position was submitted on October 10, 2021.  As part of the position, it was noted that in recent decades, agricultural leases have included a restitution clause, according to which in the event of a change in the designation of the leased, the ILA is entitled to bring the lease period of the leased to an early termination, with at least six months' advance notice.  As to the compensation to which the plaintiffs are entitled for the return of the lands to the State, it was noted that the issue of compensation was anchored in Israel Land Council Resolution 1470 of June 15, 2015 (today, paragraph B of subchapter 8.18 of the Israel Land Council Resolutions File).  As a rule, the compensation is given according to the type of agricultural cultivation.  In addition, an incentive is provided for compensation at the rate of 50%, as well as the right to purchase plots within the scope of the plan with an exemption from a tender and to pay full capitalized lease fees (hereinafter: the "Initiation Right").  The ILA further noted that Resolution 1469 of June 15, 2015 entitles him to additional compensation, beyond the incentives set out in Resolution 1470.  The compensation in accordance with this decision is 20% of the amount of compensation set out in Resolution 1470, and it is intended to provide a special incentive in the event of the rapid return of the land to the ILA, under certain conditions.  The ILA detailed the rights of each of the plaintiffs, according to their part, following the return of the lands to its possession.  In this context, it was noted that with regard to the right to initiate, the plaintiffs did not meet all of their obligations in accordance with clause 5.4 of the restitution agreement, and therefore, the ILA considered them to have waived their right to purchase rights in the development lots with an exemption from a tender.  However, beyond the letter of the law, they were given the right to plead in writing.  After the plaintiffs filed a plea, a decision was made in their case, but it has not yet been published.  The ILA noted that the very possibility of purchasing rights in the lots with an exemption from a tender "constitutes a very significant benefit" (paragraph 52 of the notice), although at this time it is not possible to estimate its value.