Allocation is Theft: What You Need to Know About Allocation in Kibbutzim and Moshavim

An article describing legal issues in the allocation and privatization process in kibbutzim and moshavim, focusing on the sensitive interim period between the privatization decision and the registration of rights in the Land Registry. Attorney Smadar Ben Dor presents a principled position that land distribution should be determined according to the Land Law and not based on historical perception, and warns against a lack of transparency and scattered decision-making.

This article, in collaboration with zap legal, presents an interview with Attorney Smadar Ben Dor, who specializes in planning and construction law, regarding the complex legal issues arising in the allocation and privatization process in kibbutzim and moshavim. The article opens with a philosophical parallel to Proudhon's book 'What is Property?', and describes the transition from the cooperative model to the 'renewed kibbutz' model. Attorney Ben Dor presents a case study from Kibbutz Yagur, where neighbors objected to the construction of a safe room approved by the kibbutz, claiming the land was to be allocated to them. She emphasizes the sensitive interim period in which the kibbutz still owns the land but the decision on allocation has already been made, and states that at this stage the kibbutz must consider the future rights of the members. Her principled position is that land distribution should be done according to the Land Law, in proportion to the apartment area, and not based on historical perception. She warns against a lack of transparency in the process and recommends that members carefully examine the distribution plans at the internal kibbutz stage, before submitting them to the authorities, and be represented by a lawyer. The article concludes with a clarification that the information is general and does not substitute for legal advice.