Israeli Supreme Court Overturns Previous Decision, Authorizes Binyamin Outpost Community

JERUSALEM (VINnews) — The Supreme Court overturned Wednesday a previous decision it had made and ruled that the community of Mitzpe Keramim, near the eastern Binyamin community of Kochav HaShachar, need not be destroyed.

The new decision will save the 45 homes at the outpost, which had previously been slated for demolition. Residents of the outpost, which had been established by the state on land which afterwards was discovered to be private property, fought for many years to preserve their right to stay in their homes. The residents claimed that they had received the right to hold the land from the Jewish Agency in good faith and since there was no doubting the good faith, they should be allowed to employ Takanat Hashuk, a regulation allowing them to stay on their land and compensate any former owner who can prove ownership.

Mizpe Kramim spokesman Doron Leshem said that: “Our chances were very low, but our case was unique. Everyone agreed that it is impossible to destroy and destroy all the time. This is the first time there is such a precedent. It did not happen in Amona or Migron. It is a tremendous precedent. This ruling legitimizes at least 2,000 houses in communities in Judea and Samaria with similar issues.”

An expanded panel of Supreme Court Justices ruled by a 4-3 majority that the residents of Mitzpe Keramim should not be evicted from their homes, overturning the previous Supreme Court ruling from May 2020 stating that the residents must evacuate within 3 years. Supreme Court President Esther Hayut and Judges Vogelman and Baron dissented and were in the minority.

Residents of Mitzpe Keramim celebrate court decision

Interior Minister Ayelet Shaked welcomed the Court’s ruling: “Common sense and the Zionist spirit won. As Justice Minister, I had the privilege to lead the State’s position and now the Supreme Court has made the correct and necessary ruling,” said Shaked.

Justice Minister Gideon Sa’ar said: “I welcome this important ruling, in which justice was done by the Supreme Court in the latest hearing on Mizpe Keramim. The majority opinion overturned the previous ruling and stated that the residents of the settlement will not be evicted from their homes, because they were sent there by the State and relied on it. I congratulate my partner, Defense Minister Benny Gantz, who initiated the request for further discussion and worked to change the result.”

Religious Zionist Party chairman MK Bezalel Smotrich said “I congratulate the just and moral decision and congratulate the pioneer residents of Mitzpe Keramim for removing the sword of immediate demolition from their homes. With G-d’s help and with your help, very soon we will establish a Jewish, Zionist and national government that will regulate the settlement of Mitzpe Keramim and many other communities and continue the growth of the young and old communities for continued flourishing and prosperity for many more good years.”