Planning & Building,
Land Expropriation
Joseph Samuel & Co. is ranked among Israel’s leading law firms in planning and zoning law, with decades of proven experience representing developers, property owners, and private clients before planning committees and authorities. We provide comprehensive legal support at every stage of the process – from advancing new master plans or amending existing ones, through licensing procedures, objections, and betterment levies, to litigation in compensation claims for devaluation and expropriation.
For decades, our firm has been at the forefront of legal developments in this field, with unique expertise and achievements. In building preservation, we have represented clients in large-scale claims against Tel Aviv’s preservation plan, The White City, with claims totaling billions of shekels.
In expropriation law, our firm played a key role in shaping case law and legislation, most notably in the landmark Karsik case (HCJ 360/96), where the Supreme Court established a groundbreaking precedent that remains a cornerstone of Israeli expropriation law.
This combination of deep legal expertise, close collaboration with leading professionals, and a proven record of innovative precedents enables us to offer clients first-class representation and comprehensive strategic solutions in every planning and zoning matter.
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Planning & Building, Land Expropriation
Here's what we can do:
Advancing and Amending Master Plans
Advising and representing clients in preparing and promoting new master plans at all stages, including representation before local, district, and national planning committees, coordinating with professionals (architects, appraisers, and consultants), and defending against objections. We also handle amendments to existing plans, as well as representation in consolidation and re-division plans and allocation of building rights.
Building Permits and Special-Use Permits
Providing legal support to developers in licensing procedures, including zoning analysis to determine rights, representation before municipal engineers and licensing departments, preparation of supporting legal opinions, responding to municipal legal requirements, and representation in objections and appeals committees.
Objections to Plans and Permits
Preparing and filing objections to pending master plans and building permit requests, with support from planning professionals. We draft reasoned objections, represent clients before objections committees, and where necessary, pursue representation before district and national appeals committees.
Preservation of Historic Buildings
Joseph Samuel & Co. was among the first Israeli law firms to represent developers and owners in preservation planning, particularly in Tel Aviv’s “White City.” Since 1992, we have represented dozens of clients whose properties were included in preservation programs, filing objections during plan approval, and pursuing extensive compensation claims for property devaluation. The firm has submitted compensation claims totaling approximately NIS 2.2 billion against the municipality and continues to represent clients before district courts and the Supreme Court in related proceedings, including appeals against betterment levies.
Equalization Payments
Representing clients in disputes over equalization payments arising from consolidation and re-division plans, including filing objections with planning committees, coordinating with appraisers, and pursuing representation before the relevant courts.
Betterment Levies
Representing clients in disputes over betterment levies imposed following approval of master plans or building permits, including appearances before decisive or consulting appraisers, and appeals before Interior Ministry appeals committees. In principle legal disputes, we also represent clients before district courts and the Supreme Court.
Compensation for Devaluation (Sections 197–198 of the Planning and Building Law)
Representing landowners in claims for compensation for property devaluation resulting from changes to master plans or planning procedures, including appeals against decisions of local committees to reject or partially accept claims.
Real Estate Taxation in Planning and Building
Advising on tax matters arising from planning and building activities, including preliminary assessments, tax planning strategies, representation before the tax authorities, and litigation in real estate tax disputes. We also advise on the taxation aspects of transferring building rights.
Planning and Zoning Litigation
Representing clients in a wide range of disputes, including municipal charges, administrative fines, permit denials, preservation department requirements, property taxes, betterment levies, development fees, tenant complaints, and municipal enforcement orders. Our firm has extensive experience in administrative tribunals, appeals committees, administrative appeals, and High Court petitions, and is known for achieving innovative legal precedents in planning and zoning law.
Expropriation and Compensation Claims
Representing landowners in proceedings to annul expropriations not implemented or where public use has ceased, as well as claims for compensation for expropriated agricultural land, building land, and developed properties. We work closely with appraisers and pursue claims before the competent courts.
Among our achievements is the landmark Karsik case (HCJ 360/96), in which our firm represented petitioners before a nine-judge Supreme Court panel. The Court unanimously annulled a land expropriation where public use had ceased after 40 years, establishing a groundbreaking precedent in expropriation law.
The firm also participated in Knesset committee discussions on amendments to the Land Ordinance (Public Expropriations), contributing to the legislative process that led to the enactment of Israel’s new expropriation law.