a. The area of municipal jurisdiction of each settlement, if not yet determined, must be determined by order, taking into due consideration future natural growth.
b. The administrative blockages imposed on the planning and zoning authorities must be removed immediately, so that they may fulfill
their function of examining plans that have been submitted to them by each settlement, without any further need for additional approval by the political level.
c. Pending completion of those proceedings and examination of the possibility of granting valid building permits, the state is advised to avoid carrying out demolition orders, since it brought about the present situation by itself.
d. With a view to avoiding doubt, it is stressed that all the settlements, including those approved pursuant to this proposed framework, may in the future, extend their boundaries in order to respond to their needs, including natural growth, without the need for additional government or ministerial decision, as long as the proposed extension is located within the jurisdiction of the settlement, within its boundaries as set out in the approved town plan, and has received due approval from the planning and zoning authorities.
e. Settlements established wholly or partially on land that is subject to examination as to whether it is public or private land ("seker"), are to be considered settlements whose legal status is pending. Most of these were established years ago, and it is thus necessary to accelerate the slow examination process ("seker") in all areas of Judea and Samaria, and to complete it within a fixed time period, and to this end, even consider, utilizing assistance by external bodies. Upon completion, the processing of each settlement will continue according to the results of the land examination ("seker") and determination of the type of land, in accordance with the framework proposed by us.
f. In the event of conflicting claimants to land, it would be appropriate to adopt a policy whereby prior to any determination by the state regarding petitions for eviction or demolition, a thorough examination of the conflicting claims be conducted by a judicial tribunal dealing with land issues. This is all the more necessary with respect to claims of prior purchase or prescription, or where the possessor acted in a bona fide manner. Pending such determination, state authorities should be instructed to avoid taking any position in land conflicts and carrying out irreversible measures, such as eviction or demolition of buildings on the property.
g. To this end and with a view to facilitate accessibility by local residents to judicial tribunals, we suggest the establishment of courts for the adjudication of land disputes in Judea and Samaria, or alternatively, extending the jurisdiction of district court judges in order to enable them to handle in their courts, land disputes in Judea and Samaria.
h. It is necessary to draft into the security legislation a right for the public to review data banks administered by the various official bodies, including the Civil Administration, concerning land rights in the area of Judea and Samaria.
i. With regard to the "Order concerning Interfering Use in Private Land" — we are of the view that this order must be cancelled. In the event that it is decided to keep it in force, we propose that it be amended such that any decision by an Appeals Committee will not be recommendatory but will obligate the Head of the Civil Administration to act pursuant to such decision. The Head of the Civil Administration and other interested parties may appeal the decision of the Appeals Committee before a Court for Administrative Issues, whose decision will be final. We propose that this arrangement be applied also to other decisions of the Appeals Committee, including concerning questions of "Primary Registration" of land in Judea and Samaria.
j. The composition of the Appeals Committee should be changed. It is presently manned by uniformed reserve officers, jurists, who are, of necessity, perceived at the least to be subordinate to, and even under the command of the Head of the Civil Administration. We feel that this situation is not proper, and therefore recommend that the Appeals Committee be composed of non-uniformed jurists, a factor which would contribute to the general perception of the Appeals Committee as an independent body, acting according to its own discretion.
k) The "Procedure for Dealing with Private Land Disputes" must be revoked. Such disputes must only be considered and adjudicated by a judicial body.
I) Security legislation must be amended to enable Israelis to purchase land in Judea and Samaria directly, and not only through a corporation registered in the area. We also recommend that the procedures for "Primary Registration" of land rights be accelerated and completed within a reasonable and fixed time period.
m) The Civil Administration should be instructed that there is no prohibition whatsoever on additional construction within the bounds of a settlement built on land initially seized by military order,
and such requests should be considered at the planning stage only.
n) We also recommend advancing the planning and declaration procedures regarding nature preserves and parks in all those areas of Judea and Samaria under Israeli responsibility.