The Land Transfer Regulation in Palestine & (c) Applications of Regulations to State Domain, British Mandate: A Survey of Palestine: Volume I - Page 265. Section 7

CHAPTER VIII.


(a) 595 dunums related to State Domain lands. In this connection reference is invited to section (c) below;

(b) 12,081 dunums of land related to proposed transfers which could not be justified on any of the grounds mentioned in the Regulations, and

(c) an application to transfer 18 dunums of land by way of sale was rejected. It was, in• this case, considered more feasible and in the spirit of the Regulations to effect the transfer by means of an exchange of land on a dunum for dunum basis.

97. In zone B, where transfers from Arabs to non-Arabs are restricted, all applications were rejected, as their approval could not be justified on any of the grounds mentioned in the explanatory statement which accompanied the publication of the Regulations (for the terms of which see paragraph 90 above). In one case, a proposed transfer involving a plot of land measuring 7 dunums, the refusal was based on the ground that the transfer ought properly to be effected by way of an exchange of land, not by sale.

98. Finally, the following transfers of land from Arab to Jewish interests have occurred in the "free" zone, where land purchases by Jews from Arabs are under no restriction-

1940-41 11941-4211942-4311943-44 -i•l-944-4511945-461 TOTAL

I ---'-'1~'''--"b=•1~1-'------

Dunums I Dunums I Dunums I Dunums I Dunums I Dunums I

6,303 11,464 7,604 9,085 6,707 3,858

- Dunums

45,021

(c) Application o! the Regulations to State Domain.

99. It was provided in regulation S(b) of the Land Transfers Regulations that nothing in the Regulations shall be deemed "to apply to the transfer of any public land by or on behalf of the

High Commissioner in accordance with any law or

Ordinance or otherwise".

100. The Jewish Agency has always considered that State Domain was specifically, and presumably with intent, excluded by regulation 8(b) from the operation of the Land Transfers Regulations and that, therefore, State Domain in zones A and B should be made available for the "close settlement by Jews on the land". This contention rests, however, upon a misinterpretation of the reasons underlying regulation 8(b). That regulation was inserted as an afterthought, because it was felt that, in its absence, Government's hands might be unduly tied when dealing with special cases where no conflict of principle was involved. The particular

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