Israel Appeals Ruling Ordering Payment for Demolished Illegal Structure

Jerusalem District Attorney's Office (Civil) has filed an appeal against a lower court ruling that ordered the state to pay approximately NIS 198,000 (about $53,000 USD) plus interest and expenses. The payment was to compensate for damages incurred during the demolition of an illegal structure in the Ras Khamis neighborhood of Jerusalem.

The original lawsuit was filed by Iyad Radwan after a demolition order was executed on his property. The Magistrate's Court had ruled that during the demolition, a portion of the ground floor ceiling, which was not included in the demolition order, was also destroyed. The court found that the state had exceeded its authority and acted negligently, thus ordering the payment of NIS 198,279 and NIS 7,000 in expenses to Radwan.

The appeal, filed by attorney Liran Ben Ami, argues that Radwan built the structure without a permit and even rebuilt a second floor after it was demolished in a previous demolition order. The state contends that the lower court did not give sufficient weight to the repeated illegal construction, Radwan's conduct, and his admitted falsehoods. The appeal also states that Radwan had over five months to demolish the structure himself but failed to do so.

The state views the compensation ruling as a case of "the sinner being rewarded" and argues the lawsuit should have been dismissed. Alternatively, they propose that Radwan should have been assigned significant contributory negligence, reducing the awarded compensation. The state further claims Radwan did not prove his rights to the structure, that the power of attorney he relied on was flawed, and that the repair costs were not substantiated with actual receipts or documentation. They argue the court based its decision on unsubstantiated claims by Radwan, shifting the burden of proof to the state.

The prosecution is requesting the annulment of the lower court's ruling and has also filed a request to stay its execution pending the appeal.