The Civil Administration Supreme Planning Council Settlement Subcommittee approved this morning depositing the Urban Planning Scheme of the Haresha community in western Binyamin.
This is a significant and crucial stage in the final regulation of the village, established in 1995 in Gush Dolev-Talmonim.
Legally legitimizing the community was made possible by efforts of Justice Minister Ayelet Shaked and an expert opinion prepared under the guidance of Attorney General Mandelblit that enables paving the road to the mountaintop village.
The opinion, which was first published on Arutz Sheva in November 2017, was written by Justice Ministry Counseling and Legislation Department Real Estate Section Director Attorney Carmit Julius.
"Until now, the State hasn't been able to regulate construction in the area, in view of the fact that the road leading to the grove isn't regulated, and it passes through privately owned land. The section of road running through private land stands at 121 meters," the opinion stated.
The opinion stated that contrary to the legal position that was formulated in the past, "In light of the above, and in view of the need defined by the political echelon in all matters relating to the matter before us, we believed that in the circumstances of the expropriation of the approach to the hearing, the expropriation and temporary use of the method of digging and covering should be taken, At the request of the political echelon, even though it is possible that there is no legal impediment to the expropriation of the right to hold and use permanently. It should be mentioned that within the framework of the 'excavation and cover' method, the right to hold and use is violated only at the interim stage in which the excavation and construction work is carried out (and therefore the expropriation is not permanent).
"This position is relevant to the regulation of the approach to deafness, and it is given without elaborating the various positions on this matter (especially with regard to the various aspects raised in the position of the defense establishment), and in light of the timetables, and it does not prevent the possibility of expropriation of the right to use and hold the land permanently in other future cases, which will be examined according to their circumstances," it was further determined.
Haresha's secretariat responded, "We're pleased and grateful to all those who helped us reach this day: the Binyamin Council, the Amana Movement, Knesset Members from the national camp and many other bodies. It's important to remember that this is a preliminary stage in the process of regulation and the way before us is still long. We ask and expect all relevant parties to continue working vigorously until completion of our regulation process along with the 70 other young communities that are desperate for regulation."