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Legal Aspects_ Sound Pollution

Legal Aspects_ Sound Pollution. Road expansion near Tal- Shahar (cooperative Israeli settlement) 19/9/2007 District Court of Jerusalem Judge Yonatan Adiel Israel National Road Company vs. Tal Shahar’s residents

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Legal Aspects_ Sound Pollution

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  1. Legal Aspects_ Sound Pollution

  2. Road expansion near Tal-Shahar (cooperative Israeli settlement) 19/9/2007 • District Court of Jerusalem • Judge Yonatan Adiel • Israel National Road Company vs. Tal Shahar’s residents • Ratio decendi- Damages, civil wrong, individual annoyance • Environment, environmental hazard prevention, civil action • The national road company is expanding an existing road near Tal Shahar. The residents are demanding that the company take responsibility for building an acoustic barrier to prevent a noise hazard from the road when its expansion is complete. • The road company argued the “social responsibility principle”- that public interest necessitates harm to individuals’ rights. • According to the court the responsibility lays with the Environment Minister and not with the Transport Minister. • Verdict_ the prosecutors (Tal Shahar residents) will pay the defendants a fee for their effort of 10,000 Nis plus VAT.

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  4. Asset Descent of Value in result of Road Paving of Road No.1 06/02/2008 • District Court of Jerusalem • Judge Oni Habash, Judge Moshe Drori, Judge IzhakInbar • Municipality of Jerusalem, “Moria” (Jerusalem Development Company), YoramGadish- Engineering Company against Miriam, Ester and YaacovDer’i. • Mini ratio- Construction and Planning- Compensation- Real-estate damage via program • Construction and planning- Programs- Compensation • Construction and Planning- committee of Construction and Planning- There authorities • This is an appeal by the defendant whom were required to compensate the prosecutors for the loss in value of there asset due to the approval of the local outline program No.3544. • The appeal was denied and the defendants had to compensate the prosecutors for the nuisance they suffered (noise, litter). • The obligation of compensating owners of real-estate derives from the principle of Distribution Justice- the community has to tolerate the damage caused to real-estate owners as a result of implementing a plan for public benefit and welfare. • Appeal denied.

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  6. Acoustic nuisanse at Neve-Itamarneighbothood 06/02/2008 The Society for the Protection of Nature in Israel and Adam-Teve-Ve’din Association against NetivayAyalon company The road company was expanding and roofing the road near Neve-Itamar neighborhood. During the renovation the acoustic barrier was destroyed. the neighborhood and the school in it in particular suffered severe noise hazard. The road company was required to build not only an acoustic barrier but to roof the road as well (in order to reduce noise and litter hazards) but ignored this. The company was also obliged to build an underground passage way to reconnect the neighborhood with the park (the road separates them). The road constructions were done without the public’s awareness. Case was taken to court in order to find the funding of the legitimate authority to take responsibility over the construction of the acoustic barrier and the road roofing.

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