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Attorney Karin Amsalem

Land Expropriation and Compensation

Key questions to clarify, documents to prepare and the way we approach the matter before an irreversible decision is made.

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Land Expropriation and Compensation
Before You BeginA Brief Introduction to Our Firm

A short introduction to our process: how the initial review begins, what we need to understand and what happens after your first inquiry.

The Planning Procedure

In expropriation, the extent of the impact is no less important than the area taken

Each planning stage is subject to its own document, permission and date; misidentification of the procedure can waste valuable time.

Start with facts and documents, define what needs to be achieved, and only then choose the legal move. This way you can identify early what might delay the move and what can be resolved in advance.

Expropriation compensation: not only checks if compensated, but how much, when and for what exactly

When an authority promotes a path, public institution, infrastructure, or other public purpose, the landowner or the rights holder may find himself facing the expropriation process. Many assume that if an expropriation notice is sent, there is nothing to be done except to wait for the compensation offer. In practice, this is only the beginning of the inspection.

At such stages, not only the expropriation itself must be examined, but also its legal source, the scope of the land taken, the manner in which the compensation was calculated, and the question of whether the remainder of the land left in the hands of the owner was also damaged.

When does a question of compensation arise?

  • When an entire lot or part of it is excavated for a road, road, park or public building.
  • When a notice is sent of seizure of possession or designation of the land for public use.
  • When the expropriation also impairs the possibility to exploit, sell or develop the unencumbered part.
  • When the proposed compensation appears low or ignores planning rights and future potential.

What to check at the beginning

  • What is the legal basis for the expropriation and whether the authority has acted in the correct course.
  • What is the determining date for the valuation and what was the status of the rights at that time.
  • Whether the expropriation is full or partial, and whether there is a planning or economic damage to the remaining part.
  • Is there a remuneration fee at the same time?Section 197 of the Planning and Building Act.

Not only land taken, but damage to the rest of the land.

In many cases, the dispute is not only about the land that was expropriated, but about the damage to the land left in the hands of the owner: reducing accessibility, damaging future planning, changing the shape of the lot, noise, nuisance or damage to the value of the balance of the plot. Those who are satisfied with just checking the land that was taken may miss a significant part of the possible compensation.

How to act on time

Sometimes the correct action begins at the program stage. If the expropriation is due to a deposited or approved plan, planning objections must also be examined, as explained in the articleHow to file an objection to a building plan or zoning planAnd not just wait for the stage where the Authority will offer compensation.

Common mistakes in eminent domain procedures

  • Accept the Authority's position without independent review of the merits and rights.
  • Focus only on the area that was expropriated and ignore the damage to the rest of the land.
  • Collect documents too late, after a significant deadline has passed.
  • Do not combine legal, planning and assessment examination from the first stage.

Proper legal support changes the picture

Expropriation cases should read the plan correctly, understand the status of the rights, examine the compensation offer and check for parallel routes of attainment, negotiations or legal process. When the land is an asset with planning potential, the inspection must be particularly deep.

For the purpose of early mapping of planning and expropriation risks in a project or property, it is also recommended to use the extensive review detailed in the articlePlanning and Construction Law – The Legal Guide for Every Property Owner and Entrepreneur.

Moments to Identify

When should the right to compensation be checked?

If any of these situations are familiar to you, it is best to check the image before continuing.

01

Received an advertisement or letter

The procedure should be immediately identified and the deadline to respond.

02

The situation on the ground is different.

There is a gap between the construction, the permit and the plan has begun.

03

Decisions affect the property.

Approval, rejection, billing, or injury alter the possibilities of use or value.

Towards the test

Documents that allow for evaluation of the impact

You don't have to come up with a perfect case, these are the starting points that help you understand what's missing and what's important.

  • The determining documentA plan, a scratch, a decision, a mole or a license case.
  • The DatePublication, objection, appeal, claim or demand of payment.
  • The desired resultPromotion, repair, resistance, compensation or series.
Who is this service for??

Who is this service for?

The legal guidance is suitable for rights holders who understand that the permit, plan, exception or payment requirement may directly affect the value of the property and the ability to implement the program.

This May Be Right for You If…
  • Land or property owners prior to construction, modification of use or sale
  • Those who have made a decision or demand from a local committee or planning authority
  • Neighbors and rights holders who are harmed by a program or nearby construction
  • Entrepreneurs and business owners who need to test a correlation between activity, permit and planning
When is it important to stop for a wider examination?When there are several stakeholders, more than one authority, documents that do not match or a signature date and a close payment.
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Client Reviews on Google

5.0 / 5 • 27 reviews

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michael ashkar★★★★★

It is often said that lawyers are exploitative and unfair people. This office came to erase this stigma. The entire staff there is lovely, and they do their job faithfully. In my case, I dealt with Attorney Hussam Armali, and I must say that I have never met such an honest, decent, and goal-oriented person. Thank you very much from the bottom of my heart 🙏

Dvir Cohen★★★★★

I contacted Karen just to figure out whether it was worth selling a piece of land we inherited or keeping it. She sat down with me and explained the whole picture – rights, taxation, what can be done in the future. She didn’t try to push in a certain direction, and that was the most important thing to me.

Verified Reviewer★★★★★

Karin Amsalem, a professional and thorough attorney of the highest level! Represented us in the process of selling a plot of land that we won in a tender. This is a complex process that includes registering lease rights in the Land Registry, payments to the Land Registry such as consent fees, refunding subsidies for housing and construction, as well as handling the appreciation tax, which includes many expenses. Karin managed the entire process with professionalism, accuracy and attention to detail, while fully protecting our interests as sellers. Throughout the entire process, we felt that we had someone to trust. Highly recommend her!

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