The Marker, Adi Cohen, 20.03.2020

The deadlock comes to the appraisal system - but this time not to the corona's charge: In a dramatic and unprecedented move last Wednesday, the Justice Ministry's appraiser, Ohad Eini, announced a freeze on all hearings on obtaining assessments on state land. I attributed the background to the dramatic move to a series of decisions made earlier this month by the Israel Lands Council - he claims, contrary to the procedures and unknowingly - including dramatic changes in the state land appreciation process.

Today, in real estate transactions conducted with the Israel Lands Authority (PMI), the taxpayer has the right to file an assessment on the assessment received by the PA's assessors - which he submits to a professional error committee, which the government appraiser trusts and is separate in its activities from the PMI. As part of the decisions of the Israel Lands Council, against which I see it, it was determined that decisions made by the Achievement Committees would only be considered a recommendation - and would not require the PMI.

In addition, the council has also determined that the identity of the members of the attainment committee will be determined by the Chief of Staff . This means that the value of the taxpayers' right to challenge their assessments is significantly reduced, while the decision on the height of the land assessments remains at Ram's almost absolute discretion. "J.

Referring to the directives laid down by the Council, Eini argued that these "constitute a grave violation of the authority and independence of the Commission and the District Appraisers, whose role is to decide to achieve without fear and impartiality." I grouped this into a poignant letter he sent to a number of government and branch officials, including Justice Minister Amir Ohana; Deputy Attorney General Erez Kaminitz; And CEO of the Israel Lands Authority, Adiel Samaria.

In his letter, I strongly criticized the decision-making process and claimed that it was incompatible with him or the Justice Department at all. In the meantime, Eini argued that "there are many deficiencies in the decision, such as a provision that contravenes the land assessors 'and the appraisers' regulations, and interference with the internal proceedings in the work of the government appraiser and the appraiser's discretion. The decision appears to be fundamentally flawed and repealed." My eyes stated to the authors that "from this moment all achievements that have been accepted, but have not yet been discussed, and that which will be accepted in our office, as of today, will be returned and not dealt with - until the Council's decision is revoked."

Land and legal assessor Nechama Bogin addressed the move and strongly argued that "it is in fact a scandalous grabber of the Israel Lands Council, which uprooted the process of obtaining assessments from the Israel Lands Authority. The PMI is a party to the debate and therefore cannot be involved in determining the composition that discusses its attainment Obey the ruling. It is inconceivable that a party to the hearing will be able to accept judicial adjudication only as a recommendation. In many cases, prime assessments are tens of percent higher than the right value for payment. Failing to allow the assessee to properly and equitably challenge not only severely deprives his rights, but can result in the prevention of many residential and other land transactions, transactions that the economy is so in need of, Sustained and irreversible economic damage to the economy. "

Attorney Hagit Ben Moshe, a partner and director of the settlement department at the Barnea office, says that "the decision of the Israel Lands Council is a matter of 'letting the cat keep the milk.' The Authority may not hold that its management cannot act in accordance with the decision of the Achievement Committee on Achievement - that is, the decision of the Achievement Committee is merely a recommendation. Moreover, the Authority may not go on to state that the identity of the committee members will be in coordination with the Authority's manager - that is, the Authority, which is a party to the proceedings in respect of a mole which it itself issued, will also determine the composition of the committee to discuss the mole. This decision, made in these troubled days when the entire Israeli economy is at a standstill - may have far-reaching significance, which is already seeing its signs - with the government appraiser's announcement of freezing all discussions on mishaps. "

The Israel Lands Council said in response : "In order to create transparency in the work of the Achievement Committee, the Council's decision determined that rules be established by the Chief Government Appraiser, in coordination only with the Director of the Authority, regarding the determination of the identity of the Achievement Committee's vehicles. Involved in determining the identity of the ensembles in each individual achievement and no amendment was made as to the composition of the members of the committee. The decisions also do not violate the discretion or the authority's duty to act in accordance with the appraisal decision obtained. The only amendment in this regard is to prevent a situation where the Achievement Committee will discuss non-appraisal issues that go beyond its authority. "

The council also added that the decision "was duly made and made public as required before its adoption. In recent years, the Committee has obtained a series of decisions under which the committee has exceeded its authority and acted in contradiction with the principles of land management and council decisions. Therefore, the need to revise the provisions on this issue was created. This was done after all attempts at dialogue with the chief government appraiser on a wide range of issues were raised. "