The landowners at Sde Dov were invited to deposit requests to consolidate lots

This is an initiative of the Israel Land Authority which is interested in preventing zoning and planning delay in the compound because of the multiplicity of owners

15.04.19 | M.Green

The Israel Land Authority (ILA) is inviting the owners of land in the Sde Dov compound to deposit their preferences and requests for a plan for consolidation and distribution in the compound.

In a notice published by the ILA at the end of last week, it was stated that under the program three detailed plans would be promoted for the designated areas, each of which shall include provisions for consolidation and division. And in each one of them rights would be allocated to each one of the landowners in the outline program area.

As mentioned at the beginning of the month, the District Planning Committee deposited for objections the Sde Dov neighborhood plan under which approximately 16,000 residential units are to be built. The first detailed plan is now being promoted by the National Committee for Zoning and Planning of Preferred Residential Complexes (Vatmal).

According to Adv. Miriam Donin-Shoob, who represents hundreds of private landowners in the Sde Dov compound, who hold dozens of dunams therein, the ILA initiative was intended to promote the association of the landowners on the day following the planned closure of Sde Dov on the site on July 1st. In this way, the ILA seeks to preempt a remedy for the blow, since in this compound, as in others whose planning extends over many years and have multiple private, state, and local authority owners, from which conflicting interests arise. This further delays the construction on such sites.

According to Adv. Donin-Shoob, this is the case in the Pi Glilot and the North-West Tel Aviv compounds – Plan 3700, where it is possible to build thousands of apartments, but approval of the plans is delayed by hundreds of objections submitted by private landowners claiming that their rights were harmed under the detailed plans for consolidation and distribution of the lots.

According to the notice published by the ILA, it would be prepared to “respect… incorporation agreements between owners of rights in the land under the zoning plan in respect of the detailed plan under which rights would be allocated to each of them, insofar as they did not contain anything that would change the scope of the rights due to the whole group of rights holders in each detailed plan”. The plan promoted by the Authority applies to an area of about 1289 dunam (1,289,000 sqm) which includes the western part of the Big Block (Hagush Hagadol) and Block 6634, south east of Sde Dov.

Adv. Donin-Shoob, a partner at law firm Hamburger Evron & Co., has 40 years of experience in the field and represents both in this compound and in the other compounds in the area landowners from 1980 from the stage of preparation of the plan, through incorporation, allocation and construction of projects. According to her, this is the “money time” of the landowners and for those who care about their property, this is the time to incorporate in order to be part of a leading cadre that will take care of getting the rights properly.

She sets that organized and strong groups that would deposit their preferences in a concentrated manner up until May 1st would be able to protect the rights of the landowners and that later on planning institutions would take into account the cooperation agreements between them. The current stage is a concern for their integrating into whole lots with a cooperation agreement and verification that the proposed allocation meets the requirements of the law and maintains a correct value. In addition, organized groups will be able to receive a common compound that they will later be able to realize quickly through the group’s own construction or by conducting combination agreements with developers.

According to her, the balance and distribution tables will allow every landowner to know what zoning will apply to his lot, who his partners will be, and to which compound the land will be attached. Not every landowner will receive the right to a residential apartment, but there are landowners who will receive rights according to the same relative value, but in different designations.  And therefore anyone who is not bound may lose rights and may even be exposed to forced sale due to partnership liquidation claims since the law grants an advantage to associations of landowners incorporated in the framework of group organized by a single entity.