'Nature beats real estate' in Supreme Court ruling

The Supreme Court yesterday upheld the decision by the Tel Aviv District Court to prohibit construction on a parcel of land in Nes Tziona that is one of the few remaining habitats of the Dark Purple Iris (Iris Atropurpurea, Irus Ha'argaman). The flower is unique to Israel.

After state planning authorities did not earmark the land for construction, on the grounds that a national park was planned there, the owners of the property took their case to the district court. When the court upheld the planning council's decision, the landowners appealed to the Supreme Court.

Nes Tziona Mayor Yossi Shabo and the Society for the Protection of Nature in Israel called yesterday's ruling "a victory by nature over real estate." They have been fighting for several years to protect the hills that bloom with the rare irises in the spring.

The Supreme Court justice said in their ruling that the planning authorities had carefully considered all aspects of the land dispute, and that they saw no reason to interfere in the planners' decisions. The justices emphasized the importance of preserving the property in its natural state.

The ruling is likely to serve as a precedent for such cases in the future because of the judges' categorical rejection of the landowners' argument. The owners had said that by stopping them from building on the land, the ruling violated their ownership rights.

"The appellants purchased this property as farmland. None of them bought the right to rezone the land for construction," the justices wrote in their ruling. "The decision on rezoning farmland for construction is a sensitive planning issue requiring examination and [entailing] complex professional considerations. A central and extremely important consideration is the environment and quality of life."