Journal: Update on the Nassar Farm Land Case

Update July 28, 2003

Update on the Nassar Farm Land Case (from the Nassar Family)

URGENT NOTICE AND UPDATE ON THE NASSAR LAND CASE

26. January 2004

We are now in the final stages of our case at the Supreme Court and it has become apparent that there is a crucial need for an expert opinion by an Israeli expert on our behalf.

As explained previously, in spite of the fact that our ownership of the land is clear beyond any doubt to any rational objective person, we are still wrestling with the courts. Though the Nassar family owns the land registration documents and have been in possession of the land since it was bought 80 years ago, we still face a very difficult battle. The State wants the land in order to expand the nearby settlement of Neve Daniel. The military court stated that because one of the four borders of the land is named differently in the Turkish and British land registration documents than how it is currently named there is no proof that this is the Nassar's land. This minor name difference was deemed sufficient by the military court to take the land and give it to the nearby settlement. The court has also declared that the land bought by the Nassar family was not the same land that we planted on from the moment it was bought 80 years ago!!!! This decision is absurd and unfortunately the Supreme Court is also hostile towards us because it is politically difficult for the Supreme Court to prevent the land from being taken from us (Christian Palestinians) in order to give it to a Jewish settlement.

The first court session we had was in our favor and the process was going well, but sadly the Supreme Court sent the case back to the Military Court. The Military Court ruled against us again and stressed as its main point that we did not have a conclusive expert opinion needed for the name of the border. In addition to that, since the Palestinian surveyors were not registered in Israel, their opinions carried little weight in the Supreme Court.

Attorneys Jonathan Kuttab and Sani Khoury informed the Nassar family that at this moment they require an expert opinion by a top Israeli surveyor in order to prevent any excuse from the military court and the Supreme Court, and in order to leave them no choice but to return the land. Mr. Kraus, the Israeli expert, was contacted by the Nassar's attorneys and he informed us that there is no doubt whatsoever in his mind that the land is ours. It will however take a lot of work to bring the irrefutable evidence that is required in this case. Mr. Kraus recognizes the special circumstances of this case due to the political situation and nature of which it is involved. Therefore in order to gain the proper evidence needed he will need to bring the original Turkish documents from Istanbul and the original British documents from London.

According to our attorneys Mr. Kraus is recognized as the number one expert in the country and an expert opinion by him based on the original documents from Turkey and Britian cannot be refuted.

This is a synopsis of what Mr. Kraus is planning on doing to prove the tie between the Kushan (the Tabu registration papers) and the area:

First, he has to clarify and identify the borders of the four sides of the area. This work entails locating old maps to get information on the names of the wadis and places which previously existed in the area where the land is located. These maps will have to be searched for in various places in Israel, England and Turkey. Similarly, he has to find various documents that were written and recorded in the land registry by the Registrar at that time. These documents can sometimes be found in the Tabu in Turkey and the archives of the British Empire.

After an absolute and final identification of the boundaries of the entire property, (according to the boundaries of the registration papers), Mr. Kraus will prepare a map for registration purposes, to define the property's borders in graphic way. The map will be accompanied by a detailed, professional opinion which will explain the way Mr. Kraus worked, and the conclusions he reached.

Mr. Kraus intends to make 2 immediate trips. Our problem however is that Mr. Kraus requires large sums of money as fees and expenses.

The first trip he will make will be to Istanbul in Turkey, to obtain the old original land registration documents. The surveyor says that he will need to take with him an expert translator of old Turkish-Arabic - the language that the documents are in. Mr. Kraus will require the sum of $ 20,000 for the fees and expenses for him and the linguistic expert for their trip to Istanbul. In addition Mr. Kraus will require the sum of $15,000 as his fees and expenses for the trip to London. For his work and opinion Mr. Kraus is requiring an additional $ 35,000, which makes the total required $ 70,000.

As mentioned the expert Mr. Kraus is the top expert in Israel and bringing the top expert in Israel to testify on our behalf in the Israeli court is a crucial step. No one has the necessary weight to refute such a testimony and even a hostile Israeli court cannot disregard such an opinion.

The expert is confident that he can regain the land and he is certain that the intended use of the confiscated land was for housing purposes. According to Mr. Kraus in light of the fact that the land was designated as land intended for building he believes there is a good possibility for obtaining a building licenses. In such a case there would be wide possibilities for developing projects on the land.

Time is critical; we have 45 days to prepare for the next court meeting and Mr. Kraus has to present his work (opinion and maps) within the 45 days. Mr. Kraus agreed that the $70,000 he is charging for his work has to be paid in four equal payments. In order for Mr. Kraus to start the work, he needs the first payment which is $17,000 in advance before he starts the work. We need this first payment of $17,000 within the next 45 days and would greatly appreciate any help you can give. We have been in this court case for more than 12 years and we finally have the opportunity to end this struggle and regain our land. We've come too far to give up now.

Please send this letter to your friends, Churches and other organizations and please help us in raising funds for this purpose. Any kind of assistance is appreciated.

If you need more information or an idea how to help, please don't hesitate to contact us at

tnations@p-ol.com

Thank you for your help and support

Please make checks out to:

Tent of Nations,
8925 Monsanto Dr,
Cincinnati, OH 45231.

Please send donations to:

Fifth Third (5/3) Bank,
Finneytown Bank Mart,
8685 Winton Rd
Mail Drop 108811,
Cincinnati, OHIO, 45231
Routing number: 042000314
Account Name: Tent of Nations

Daoud Nassar


Share, strengthen and develop communities, alleviate human suffering, and seek justice, freedom and peace
Peace in the Middle East!