Moshav movement gets broader rights to farmland

The Israel Lands Administration has established a special unit, headed by agricultural division chief Shula Ben Zvi, to convert the leases held by 300 moshavim into "generational" leases of up to 196 years.

With one exception, all the moshavim established since the founding of the state, hold three-year leases that are periodically renewed. These only grant members of these cooperative farming communities certain status with respect to the land.

The short-term leases allow the ILA to evict residents with 90 days' notice, and residents cannot raise financing to leverage and develop the estates. Without land rights, the farms cannot be mortgaged to gain bank credit. Israel's inheritance laws do not apply to the farms at all. The contracts also represent agreements between the collective associations (the moshavim) and the ILA, and not with the moshav member.

The moshav movement's representative concerning land rights, attorney Amit Yifrach, said yesterday the language of the new lease agreements is under negotiation. The change is required by a 1998 ILA decision that has not been implemented.

The "generations" contracts, to be signed for 49 years with an option for an extension of up to 196 years, will require the moshav associations to capitalize the annual lease fees for the first 49 years. The residential plots will be charged according to 3.75 percent of the value of the land, while the value of other plots will be set in the lease agreements.

In addition to enabling moshav members to use land as collateral, under the new contracts, they can also bequeath the assets just as is done in the urban sector.

The new contracts give moshav members almost complete ownership of the land at the cost of registering a city apartment with the Land Registry, and settles the farmers' rights to the land. The ILA council will not be able to limit or harm moshav members' property rights on land they work.

The new contracts do not allow moshav members to change land usage from agricultural to another form of employment or to residential construction.