The Renewing Kibbutz

 

By Ronen Manor, advocate[1]

 

Abstract

 

Over the years, the unique form of cooperative settlement known as kibbutz, had to undergo through difficulties and changes, however, the kibbutzim managed to maintain their principles and survive, During the last decade, many kibbutzim adopted substantial changes that contradict the traditional kibbutz ideology. This article is based on the report of the public committee to the kibbutzim, it describes the inevitable changes occurring and analyze the reasons and considerations that led to the creation of a new form of kibbutz.     

 

Introduction

 

The economic crisis that broke out in Israel in the mid 1980 s, had a dramatic affect on the kibbutz traditional structure.

Many kibbutzim[2] suffered a severe financial crisis and were unable to pay back their huge debts to the banking system. As a result, kibbutzim had to undertake a long run debt settlements to the banks, and became much more dependent on their creditors.

The crisis had weakened the authority and status of the Kibbutz movement and caused a significant deterioration in the demographic and social structure, since much of the young generation had left the Kibbutz while new members were reluctant to come.

Furthermore, kibbutzim that went bankrupt, could not supply the basic needs of their members, especially the old generation, whose economic welfare was insecure. 

The crisis had led many kibbutzim to the belief, that things can not go on the way they use to and therefore, fundamental changes must be made.

As a result, different changes in all aspects of life, had been gradually implemented in the majority of kibbutzim.

The first change, refers to the economic management. In the traditional model, the economy of the Kibbutz was combined of the different branches of activity. Each branch was managed by a branch manager, and the entire activity was directed by the farm manager. Work and management were equally done by Kibbutz members, and there was no separation between the community and the economic activity.

In the new model, especially in the industrial field, the economic activity is seperated from the community, separate corporations are established, and each branch is a separate profit center.The economic activity is managed by professional managers  subjected to a board of directors, like a private company. The work is no longer done only by kibbutz members, and outside employees are hired according to pure economic criteria.

A deep change also occurred in the principle of collective responsibility. The individual and family are given more independence and responsibility, in a way that narrowed the degree of cooperation and equality in kibbutz life. Each kibbutz member is responsible for his own livelihood and is entitled to a differential salary which reflects his contribution to the community The relationship between the individual and the collective were redefined in a way that increased the autonomy of the individual and family, and decreased the responsibility of the collective.

Another significant change in kibbutz lifestyle and principles, is related to the possession of private property. According to the basic principle of the Kibbutz, the members should not possess private property. Over the years, kibbutzim have accepted the idea that their members can possess private property that derives from outside sources. Furthermore, many kibbutz members, especially from the founders group, were troubled by the idea that they can not inherit their houses to their descendants, and initiate legal moves to allow allocation of property (turning kibbutz property into the private property of the Kibbutz members). This initiative, has led the Israel Land Administration (the legal owner of most of the land in Israel) to pass resolutions allowing allocation of apartments in the kibbutz and collective moshav, to their individual members[3], Many kibbutzim have decided to approve this resolution and advance allocation of apartments to their members.

The kibbutz had also changed its relationship with the external environment. In the past, the kibbutzim were isolated and maintained a very different form of life, in the economic, cultural and educational fields. Since the 1980 s, there is a gradual tendency of integration with the environment. Kibbutz members are working and studying outside the kibbutz and vise versa. The integration increased even more, when many kibbutzim, have decided to establish a neighborhood community, to thicken the population by building a neighborhood for non kibbutz members.

 

Economic and demographic facts

 

The actual facts on the kibbutzim movement are gloomy. Most of the kibbutzim are in a difficult economic situation. Around 60% are insolvent and their members maintain a higher standard of living than they can really afford. Around 79% can not pay back their debts to the banking system and despite a generous remission of debts in the kibbutzim debt settlement that was signed in the late 1980 s, each kibbutz has an average debt left to pay of 9,000,000 USD. In addition to their debt to the banks, the kibbutzim carry a heavy burden of an actuary debt for pension payments.

In the demographic field the picture is not better, the average age is growing every year and today reached the age of 53 years. The population is getting older and older while the majority of the young generation is leaving the kibbutz. The population of the kibbutzim consist today lee than 2% of the total population in Israel compared to 3% in the past. This phenomena is demonstrated in the following paragraph:[4]

population

year

69,089

1952

115500,

1983

127,000

1987

129,300

1991

116,500

1997

115,300

2000

116,200

2003


     

 

Along with the changing environment, many kibbutzim have adopted different patterns of changes in their lifestyle. The different patterns of changes vary from minor changes in the traditional way of life to dramatic changes in the old lifestyle.

These models of changes, can be divided into 3 main categories, as follows:

 

A) Kibbutzim that kept the traditional lifestyle with minor changes

 

According to this model, the traditional values of the kibbutz are preserved, especially in the fields of education, social life, community services, cooperative principles, kibbutz ownership of property, etc.

The changes concentrate in making the kibbutz economically more productive and efficient, inter alia, by privatizing certain services, employing outside workers and minimizing expanses, and incorporating the different productive sectors, in order to minimize the kibbutz exposure to economic risks.

 

B). Kibbutzim that implemented differential salaries and decided to allocate assets :

 

In kibbutzim that were in a bad financial situation, there was a pressure to take more significant steps, in order to become more efficient and increase the individual economic security of their members.

These kibbutzim, in addition to the privatization of most of the community services and the separation between the community and the productive activity, have implemented differential salaries, namely, the members receive different salaries according to their contribution to the community, and pay progressive taxes. In order to help the weak sectors of the community, a security net was established to assist maintaining a minimum standard of living.

Whereas these kibbutzim have big debts, and their assets are mortgaged to secure the debts, they have a great incentive to separate the apartments from its assets and start proceedings to allocate apartments to kibbutz members.

Some kibbutzim have also decided to establish a neighborhood community to thicken and strengthen the social structure with new young families who wish to purchase a house in a serene environment, without the need to adopt the kibbutz principles and become members.

 

C). Kibbutzim that implemented allocation of productive assets

 

This model reflects the most radical changes that some kibbutzim have adopted in order to cope with the economic and demographic deterioration.

In this model, the kibbutz also allocate the productive assets to its members, in addition to allocation of apartments, and privatization of community services.

These changes include, inter alia, incorporating the productive branches under a holding company. The shares are allocated to the kibbutz and its members, and every member is entitled to own a certain percentage of shares, according to his seniority, up to a maximum percentage. The shares cab be inherited and can be sold under certain conditions, so they have a real economic worth.

A new applicant for membership, will have to buy his share according to economic valuation and every member can force the Kibbutz to buy him out.

In some cases, the members are also entitled to annual dividends, depending on the economic performances.

It should be clear, however, that there can be variations within the patterns, that are modified to feet the need of each kibbutz.  

 

The need for redefinition

 

As we can see, in contradiction to the past, when there was only one unified kibbutz model, nowadays kibbutzim, have developed differently, and there are various models.

About 25% of the kibbutzim, keep the traditional way of life, and preserve the basic values of mutual partnership, strict equality, and democratic management of the economic activity.[5]  

 The rest, have adopted changes in the classical kibbutz structure, by encouraging the members to be more autonomous and economically independent. They also embraced capitalistic ways of conducting the productive activity, while preserving the basic cooperative principle of the community ownership of the productive means. Nevertheless, there is still a big social solidarity, reflected through the principle of mutual guarantee and maintaining economic social security net.

There is a small number of kibbutzim, who went far, and left aside the most basic principles of the kibbutz, and allocate also the productive means to the members.

This process stimulated the question- when can a kibbutz still be considered a kibbutz ? and led to the reexamination of the correct legal determination.

 

A) The Beit Oren case:

 

 In 1999, 8 members of kibbutz Beit Oren, applied to the High Court of Justice, to order the registrar of cooperative societies, to abolish the classification of Beit Oren as a kibbutz and classify it as a different kind of cooperative society.[6]

The petitioners argued, that the Kibbutz have changed dramatically its life style, under alia, by implementing differential salaries, closing the joint dining room, privatizing the educational system and other services.

These changes, do not feet the legal definition of a kibbutz, and in particular, the principle of equality in consumption. Consequently, the registrar of cooperative societies, who has the authority to register and classify cooperative societies, must change the classification of kibbutz Beit Oren, or initiate winding up proceedings.

The kibbutz replied, that it still maintains the basic principles of a kibbutz, but the changes made were vital to prevent a financial collapse and to improve the economic situation.

All the parties involved, realized that the case, will reach far more than the legal territory, and will have wide implications on the kibbutzim issue. 

 

B) The public committee   

 

 The Beit Oren case, have stirred the need to tackle the problem. It was obvious that we deal with a very important social and public issue, that have a great influence on the Israeli society, and therefore, should be examined by a public committee.         This idea was suggested by the state of Israel to the supreme court of justice, and the committee was established by a government decision from 2/02, and included experts to the subject and delegates from relevant government offices and the rural sector.

The task of the committee was to recommend a new legal definitions that will suit the development of the kibbutz. The committee was also asked to submit its opinion on the issue of allocation of apartments to kibbutz members.

After one year of work, the committee submitted a detailed report on the issues (hereinafter: the report)[7].

 

The legal redefinition

 

The traditional legal definition of the kibbutz in the Israeli law, is as follows[8]:              a society for settlement, being a separate settlement, organized on the bases of collective ownership of possession, of self employment, and of equality and cooperation in production, consumption and education.

It is clear, that the changes made in the kibbutzim in the last decade, such as differential wages, privatization of services and allocation of apartments, can not coexist with the traditional legal definition.

There are two different concepts in the kibbutzim movement, that reflect different philosophies in this issue. The minority of kibbutzim, are in the opinion that there can be only a society that maintains the traditional principles and way of life, whereas the majority, think that the changes are part of the dynamic development of the kibbutz, and they should be incorporated to the legal definition of the kibbutz.

There was a an overall consent within the committee, that the kibbutzim should have the ability to determine their way of life, and there is no way to prevent the implementation of changes in the kibbutzim who chose to do so.

The committee decided to create two new legal classifications to the settlements known today as kibbutzim. The first classification will be named communal kibbutz which will be identical to the traditional kibbutz definition. The second classification, will be the renewing kibbutz, which will include the developments and changes in the lifestyle, provided that the basic principles of mutual guarantee and equality are preserved.

In light of the above, the committee recommended that instead of the curent legal definition of kibburz, two different determinations will be created, as follows :

a) communal kibbutz- : a society for settlement, being a separate settlement, organized on the bases of collective ownership of possession, of self employment, and of equality and cooperation in production, consumption and education.

 B) renewing kibbutz- a society for settlement, being a separate settlement, organized on the bases of collective partnership in possession, of self employment, and of equality and cooperation in production, consumption and education, that maintains mutual guarantee among its members, and its articles of association includes, some or all of the following:

(1)  relative wages according to the individual contribution or to seniority

   allocation of apartments(2)

     allocation of productive means to its members, excluding land, water and (3)

 productive quotas, provided that the cooperative society will maintain control over the productive means and that the articles of association restrict the negotiability of allocated productive means.

 

Allocation of apartments

 

The public committee also addressed the issue of allocation of apartments. This issue involves many legal and social difficulties, some in the practical level and some in the theoretical level. Although the Israel Land Administration resolutions establish the procedure of allocation, they do not relate to the potential problems within the kibbutz community. Once the apartments are the private property of the members, the kibbutz is at risk of losing its control over its population, since foreigners can infiltrate and the kibbutz can lose its identity. In order to prevent such unwanted result, there must be restrictions on the negotiability, but how hard must they be ?

Furthermore, what will be the criteria for allocation in terms of the determining day for entitlement ? what quotas of apartments should be available ? what measures should be taken to, keep reserves for future expansion, etc.

In light of the above, the committee recommended the following principles:

(1) the process of allocation is possible only in the renewing kibbutz which allows possession of private property.

In order to preserve the unique character of the community within the kibbutz,  (2)

negotiability should be limited, in a way that gives the kibbutz control over the identity of its residents and right of first refusal to purchase back apartments.    

 (4) The kibbutz can choose two main patterns to restrict negotiability- the first

is to restrict the sale of apartments only to people who are accepted as members, and the second is to oblige any new purchaser, to be accepted as a member of the new cooperative community society.

(5) The kibbutz must insure that, at any time, the majority of its residents are members otherwise, it can loose its classification as a kibbutz.

(6) In any case of transmission of rights (including inheritance), the kibbutz will have the right of first refusal to purchase back the apartment in the market value.

(7) The process of allocation will be on the expanse of the leaving fee that the kibbutz owes to its members.[9]

(8) Kibbutz members will be entitled to force the kibbutz to purchase their apartments instead of paying leaving fee, provided that they cease to be members.

In relation to the two patterns of restriction on negotiability, the committee recommended more detailed principles in the report. All these principles will have to be part of the articles of association and the contracts that will be signed between the kibbutz and each member.

The committee also stated its opinion on the issue of the determining date, namely, the decision that only people who were members in the determining day onwards (or their legacy) will be entitled to get an apartment

In this respect, we must mention a recent district court decision in the case of kibbutz Glil yam near Herzeliya city[10]. In this case, the court decided that only people who were kibbutz members when the kibbutz have decided to adopt basic changes in its lifestyle, and amend its articles of association, in a way that will allow someday, allocation of property and privatization, will be entitled to have a share of the kibbutz assets  all the members who left the kibbutz, or simply passed away, prior to that day, do not have any rights of possession.

There is also an appeal to the supreme court of justice, to declare that all kibbutz members, past or present, are entitled to a share in the kibbutz assets or alternatively, the determining day must be the date of the Israel Land Administration decision allowing allocation of apartment (2/96)[11].

The committee is in the opinion, that, in principle, the only people who were kibbutz members when the decision to allocate apartments was approved in the general assembly, are entitled to get an apartment.

 

Mutual guarantee and equality

 

 Two of the most basic principles of the traditional kibbutz way of life, are the mutual guarantee and equality. These principles are at risk due to the dramatic changes in the traditional way of life. Differential salaries mean necessarily, that the kibbutz members are no longer equal in their income and financial abilities. The privatization of community services, such as health, welfare and education, was a blow to the weaker population of the kibbutz, the handicapped and the elders. These members are usually very concerned by the privatization process, since they are the most vulnerable part of the community. In some cases, for example, the old members had spent most of their monthly allowance to finance medicines so they had almost no money left for decent life and other basic needs.

For that reason, the demand for maintaining the basic principles in the renewing kibbutz should be emphasized. Some scholars even think[12] that a minimum social security net should be determined in proper legislation, so the decision will not be left to the discretion of the kibbutz management and in order to create equal standards.

In light of the above, the public committee recommend the following guidelines in this issue:

(1) Mutual guarantee must be a pre condition to the existence of the renewing kibbutz and should be maintained in order to acquire basic rights to its members.

(2) The renewing kibbutz must keep basic equality among its members, by maintaining a security net and funds for mutual aid in the fields of health, welfare and education, and by aiding populations with special needs.

(3) The members are entitled to certain minimum rights- minimum wage for members in the working age, minimum pension for pensioners, social security insurance and right for accommodation.

(4) The kibbutzim movements will prepare propositions for the minimum platform of rights as mentioned above and the Registrar of Cooperative Societies will insure that the members minimum needs are properly protected, especially population with special needs.

 

The needed majority

 

The question of what size of majority is needed to pass a decision to adopt essential changes in the way of life, resulting in the redefinition of the traditional kibbutz to a renewing kibbutz, is contraversial.

Some argue, that since these changes are so significant, they contradict the most basic principles and ideology, that form the basis of consent of the founding members, and therefore, they can not be altered by a majority of votes in the general assembly of the kibbutz, and a consent of 100% of the members is needed (what makes it practically impossible).

This argument relies also on a supreme court precedent in the Pri-Haemek case[13], that abolished a regulation, purporting to charge members of a cooperative society with the debts of the cooperative, without their prior consent, The supreme court ruled that such a significant impact on the the members right of possession, needs the consent of each member.

Furthermore, these changes undermine the legitimate expectations of the senior and weaker members of the kibbutz, that contributed their best years in life to the kibbutz, expecting to receive the full support of the collective in the future, when they are old and retired,

Indeed, from a pure legal point of view, these changes constitute an alteration of the basis of consent, and according to the kibbutz standard articles of association, this subject can not be altered by the decision of the general assembly. These changes are especially dramatic to the older generation of the kibbutz founders, who gave up possession of private property in favor of the kibbutz collective ideals. Those members, naturally, still maintain the traditional way of life, and prefer to preserve it.

However, from a practical point of view, we can not ignore the ongoing process of change that most of the kibbutzim are going through, some of them, because it is the only way to survive as a kibbutz. Furthermore, in most cases the process has proved to be successful, and the kibbutz economic and social situation improved dramatically, so it is unwise to prevent it by posing an impossible demand of absolute majority.

Instead of giving priority to the will of a small minority in the kibbutzim, we should tackle the problematic aspects of the process, that concern the old generation and the handicapped members, and establish suitable arrangements to insure that the weaker members will have reasonable existence. These kind of protective arrangements, should be immuned from alteration in the future, in order to make sure that the rights of the weaker members sre preserved.

If such arrangements are established, it will neutralize most of the criticism of the objecting members.

According to professor Smadar Otolengi, the legal difficulty of altering the basis of consent can be solved by redefining the kibbutz as a renewing kibbutz by the Registrar of Cooperative Societies, if 75% of the members have voted for this move. Once the kibbutz is redefined as a renewing kibbutz, the old principles that formed the basis of consent in the articles of association, are no longer valid, since the cooperative societies regulations, are superior to the articles. In this case, the kibbutz has to adopt new articles, adjusted to the principles of the renewing kibbutz, and includes proper mechanism to protect the needs of the weaker population.

According to the regulations, every change in the articles, is subjected to the approval of the registrar. In practice, the registrar will be the authority who makes sure, that the new articles include sufficient protection of the minorities rights, and provide adequate social security net.

We should also mention, that the regulations provide, that alteration of the articles of association, demand a special majority of 75% of the votes of the members who took part in the assembly, and that there should be a quorum of at lest 66% of the total members of the cooperative society, present in the assembly. So there is a strict demand of special majority that insure that these kind of decisions are taken seriously.

The committee is in the opinion, that the process of redefinition of the kibbutz can be done if there is a broad consent within its members, and the majority needed is the same majority to pass a decision on alteration of the kibbutz articles of association, namely 75%. The committee points out, that more extreme decisions, to wind up the cooperative or transform it into a company, demand a special majority of 75% majority of votes, and there is no demand for absolute majority. So there is no reason to demand absolute majority in the redefinition process.

The committee also takes into consideration the fact that many kibbutzim are interested in the redefinition process and rhere is no place to prevent it by demanding absolute majority, however, the decision must have a broad consent.

Since this issue is problematic, the committee recommended that the procedure of redefinition to a renewing kibbutz, will be handled in proper legislation.

 

Neighborhood Communities

 

Another central issue within the kibbutzim, relates to the process that started in the beginning of the 1990 s, of establishing neighborhood communities on the kibbutz soil, near the living area. The process is based on resolutions of the Israel land administration, which gave substantial financial benefits to the rural sector[14]. Although these resolutions were declared void and were abolished by the supreme court of justice[15], and despite the fact that the new resolutions which handle the process, gives no economic incentive to establish a neighborhood community, many kibbutzim have chosen to do it, in order to thicken the dwindling population with fresh and young residents.

The two communities are living side by side, in the same kibbutz, they share the same public facilities, like kindergartens, schools, sport clubs, libraries, social clubs etc. they also receive the same municipal services, and share together the burden of municipal services, security guard, education and cultural life.

The residents of the neighborhood community are not kibbutz members, they own their houses and the neighborhood area is excluded from the kibbutz lands.

The kibbutz continue to be administrated by its traditional organs, the general assembly, and the management committee that direct the productive activity and takes care of the needs of the kibbutz members.

There is no doubt, that neighborhood communities improved the economic and demographic situation in the kibbutzim, however, the different status of the two communities in a same kibbutz, creates also problems, in the municipal field, where the residents of the new commnnity can not vote their own municipal committee like the kibbutz members, In the social field, there is inequality in the economic welfare of the two communities, one with old houses and poor members, and the other with new luxurious hoses and upper middle class residents.

Recent research that was presented to the public committee[16], which examined the social implications of the neighborhood communities on kibbutzim, concludes that in cases where the two communities are not seperated, they tend to mix and share the same social tissue of the kibbutz.

The committee is concerned that these kibbutzim will lose their independent characters. Therefore, the committee holds the opinion that the preferable way to enlarge the kibbutz population is by admitting new members. However, the neighborhood communities are an important tool to thicken the population in some kibbutzim, so when it is necessary, it can be done but the kibbutz must preserve its uniqueness and its values.

 

What does the future holds ?

 

In contradiction to the past, the kibbutz today has many different faces and patterns, that differ from the traditional known model. This new reality, led to the establishment of the public committee, in order to create a new classification that wii coexist with the current situation. However, the main quession remains-what is the essence of the definition of a kibbutz ? this question especially refers to the majority of kibbutzim that fit the definition of the renewing kibbutz,

The committee s opinion is that the traditional definition, along with the new definition, represent a unique form of collective that upholds the values of mutual guarantee, equality and care for the weak members.

In our opinion, most of the kibbutzim do not meet even the new definition of the renewing kibbutz, because there is no equality among the members, not in their revenues, not in their consumption, and not in their production. The kibbitzim pay differential wages, to seek cheap labor they prefer to employ foreigners and not kibbutz members, so even the value of self employment is neglected.

Furthermore, due to the deep cut in community services, there is not much left of the principle of mutual guarantee, and the members have to relay more and more on themselves.

According to the Registrar Of Cooperative Societies Bureau, the majority of the kibbutzim have adopted a decision to allocate apartments to their members. These facts, along with the ongoing process of privatization and adoption of capitalistic methods, are taking the kibbutz more and more away from the traditional model closer to models of a Moshav or a community settlement.

For that reason, few kibbutzim have started a new process of transformation to a Moshav[17] which is a more suitable model of settlement with private property ang developped community life and cooperation in production.

Out of more than 270 registered kibbutzim in Israel, only a small minority, of   approximately 20 kibbutzim[18] have decided adopt general allocation of the kibbutz assets, including the productive means. These kibbutzim have crossed the red line, also according to the new liberal definition of a renewing kibbutz, and they can not continue to be classified a kibbutz.

About 25% of the kibbutzim still preserve the traditional way of life, and thus insuring their future as a kibbutz.

The future will prove weather this is only a temporary step, in the inevitable transformation of the kibbutzim to community settlements, or is the renewing kibbutz is a transformation of the principle of continuation and adjustment of the kibbutz to the changing times, and the kibbutz will continue to be a dominant factor in the formation of the israeli society.

  

References

 

The report of the public committee to the kibbutzim, from August 2003.

 

Rosner, M and Getz, S. (1996) The kibbutz in era of changes, Hakibbutz Hameuchad, Schocken books.

 

[1] Supreme court appeal 514,525/88  Pri-Haemek agricuktural cooperative society v Moshav Sde Yaacov, supreme 1995 vol (4) p. 529

        

 Civil case (tel aviv district court) 2933/98 Helena Lindenbaum v kibbutz Glil Yam (not yet published). Judgment delivered on 3.9.03.

 

Supreme court appeal 4245, 4275/00 Lea Chen v Kibbutz Tel Katzir (not yet published) judgment dekivered on 11.8.03

 

Supreme court of justice appeal 244,935/00 Hkeshet Hademocratit Hamizrahit v Israel Land Administration

 

Isreal land administration resolution 751, changes in the organizational structure and allocation of land in the kibbutz (27.2.96)

 

Isreal land administration resolution 979, determination of rights in the living parcel in agricultural settlements (22.10.03)

 

 

 

             

 

 

[1] The article is dedicated to the memory of my teacher professor Smadar Otolengi, an expert for cooperative societies law, who passed away on August 2003..

[2]The plural of kibbutz.

[3] Resolution 751 from 2/96 that was recently replaced by resolution 979.

[4] See page 28 in the report of the public committee to the kibbutzim issue. The total number in 2003 can be misleading since it includes neighborhood communities and foreign workers. However, compared to the overall growth rate of the Israeli population, the decline in the population of the kibbutzim still continues.

[5] See pages 27-28 in the report of the public committee.

[6] Suprem court of justice appeal 4639/99 Eviatar Yoram v The Registrar Of Cooperative Societies

[7] The report of the public committee to the kibbutzim issue from August 2003.

[8] Cooperative societies regulations (classes of societies) 1995

[9] According to the cooperative societies regulations (membership) (retired kibbutz members rights) 1993, each kibbutz member, who left the kibbutz, is entitled to a leaving fee, calculated relatively to his seniority and social status.

[10] Civil case (tel aviv district court) 2933/98 Helena Lindenbaum v kibbutz Glil Yam. This is the first case, that members who left the kibbutz,some many years ago, and inheritors of deceased members, demande a share in the kibbuyz assets (the kibbutz was expected to receive a lot of money from real estate transaction). 

[11] Supreme court of justice appeal 11068/03 Amutat Dor Ledor Bakibbutzim v Israel Land Administration

[12] Professor Smadar Otolengi s opinion, as presented to the committee.

[13] Supreme court appeal 514,525/88  Pri-Haemek agricuktural cooperative society v Moshav Sde Yaacov.

[14] Resolution 737 from 1995 which was recently replaced by resolution 959.

[15] Supreme court of justice appeal 244,935/00 Hkeshet Hademocratit Hamizrahit v Israel Land Administration. The judgment was delivered in 8/02.

[16] Dr Menachem Topel, the Yad Tabenkin Institution

[17] According to the Registrar bureau, 5 kibbutzim have started this process: kibbutz Yad Hana, kibbutz Haon, moshav shitufi Amazia, moshav shitufi Mavkeem and kibbutz Mishmar David. There is also a special committee in the prime ministers office, establish to aid in the process.

[18] According to the Registrar bureau.