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Civil Case (Center) 63837-03-22 Aharon Itzkowitz v. Tal Mordechai Naveh - part 8

July 11, 2025
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(1) The evacuation and construction transaction is not economically viable; If an evacuation & construction appraiser determines that the transaction is economically worthwhile, this determination will constitute a presumption that it is worthwhile as aforesaid for the purpose of examining the reasonableness of the refusal, unless proven otherwise; If an evacuation & construction appraiser determines that the transaction will be economically worthwhile if the conditions he has set are met, it is presumed that it is worthwhile as aforesaid if the conditions he set are met, unless proven otherwise;

(2) The refusing apartment owner was not offered alternative accommodation for the period of construction of the new building, and if the refusing apartment owner or his family member living with him is a person with a disability, the alternative accommodation offered to him does not include adjustments, insofar as they were in the apartment in which the rights are transferred or to the extent that they are required by the characteristics of the alternative residence;

(3) The refusing apartment owner was not offered adequate collateral for the execution of the evacuation and construction transaction, and if conditions were set by the evacuation and construction appraiser regarding economic feasibility, adequate guarantees were not given for the fulfillment of the conditions;

(4) There are special personal circumstances of the refusing apartment owner due to which the execution of the evacuation and construction transaction, under the conditions agreed upon with the other apartment owners, is unreasonable;

(5) The owner of the apartment or a member of his family living with him is a person with a disability and one of the following exists:

(a) The evacuation and construction transaction included the provision of an alternative permanent apartment to the apartment owner, and the said apartment does not include adjustments to the extent that they existed in the apartment in which the rights are transferred or to the extent that they are required by the characteristics of the alternative permanent apartment;

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