Overview

Industries: Infrastructure

Amir Caspari is a leading lawyer in the firm’s Litigation Practice Group. Amir’s expertise encompasses all aspects of planning, regeneration and development of land and construction law, including planning applications and building permit applications, land use disputes and acting on appeals and judicial review proceedings before all appellate courts regarding disputed decisions of local and national planning committees. Amir’s expertise includes acting on major infrastructure disputes, acting on major land regeneration projects and representing clients regarding the re-zoning of agricultural land for residential use.

Amir’s clients include infrastructure companies, property owners, quarry owners, developers, investors, landlords, tenants, financial institutions, civil engineers, major energy companies and joint venture partners.

His practice includes advising developers and quarry owners on the construction and development of major infrastructure projects and the rehabilitation and regeneration of quarried land.

Amir also represents domestic and international commercial real estate owners from a wide range of sectors before the full range of Israeli courts and tribunals, including the Israel Land Authority and municipal planning boards. He has successfully negotiated regulatory approvals, obtained dismissals of challenges to permits, and defended clients against claims of property damage, diminished property value, damage to natural resources and the environment, wrongful land use and other property development issues.

Languages: EnglishHebrew
Admissions: Israel Bar, 1995
Education: Tel Aviv University, LL.B, (1994)

Experience

A selection of Amir’s cases includes representation of:

  • Shapir Civil and Marine Engineering, Israel’s largest civil engineering company, in a claim in excess of USD 200 million against the National Roads Company of Israel Ltd. arising from disputed change orders made during the course of the client’s construction of Road 22 (one of Israel’s major arterial routes).
  • Israel Electric Company (IEC) in a wide range of real estate-related matters, including defending IEC against numerous claims for compensation arising from alleged diminution in value of land due to IEC’s construction of power lines.
  • Thus, inter alia, Amir has represented IEC for over a decade, in a matter known as the “Roman Berg case”, which has become a major issue in the field of claims for compensation filed pursuant to Section 197 of the Planning and Building Law.
  • Over the years, representation on this matter has included proceedings before the Appeals Committee, a Decisive Real Estate Appraiser, the Court for Administrative Affairs, and most recently, in March 2020, the proceedings were finalized in a decision in principle by the Supreme Court, in which the Court ruled in favor of IEC’s position, and against an opposing position submitted by the Attorney General.
  • Luzon A. Assets & Investments Ltd.; Hilat HaSharon Investments Ltd.; L.A. Shitrit Assets Ltd.; Israel Land Development Malls and Shopping Centers Ltd., the owners of rights in land, known as the “Yarkonim Compound”, which contains the “Power Center” shopping center, in efforts to legitimise the operation of the compound.
  • This matter has included proceedings before the National Council for Planning and Construction and the Court for Administrative Affairs, seeking to void a declaration designating the land as agricultural, as well as proceedings against Israel Railways Ltd. regarding land use rights.
  • Israel Land Development – Urban Renewal Ltd. (which is controlled by the ILDC), in a claim filed by NTA Metropolitan Mass Transit System Ltd. against it and against dozens of residents residing in the Pichman compound in Holon. The claim concerns a compound comprising 3 buildings on which the ILDC is promoting a vacate-and-build (“pinui binui”) project and within which the existing buildings will be demolished and replaced bytwo towers and hundreds of residential units to be  constructed on the compound.
  • Paz Oil Company Ltd. – Israel’s leading energy corporation, in proceedings relating to land expropriation, including expropriation of a station on Highway 4 by the Bnei Brak Local Planning and Building Commission, and expropriation of a station in Ramat Gan by NTA – Metropolitan Mass Transit System Ltd., for the purposes of laying the groundwork for the Light Rail Transit Project.
  • Advising, providing legal opinions and accompanying legal proceedings, in a variety of matters related to planning and licensing of Ashdod Port , including proceedings contesting plans for the Lachish Park, which is planned for construction adjacent to the Port. The plan has been formulated in accordance with the Preferred Housing Law, legislation promoted by the National Committee for Planning and Building of Preferred Housing Areas.
  • Dagon Grain Silos Ltd., in numerous litigation proceedings including, inter alia, an administrative appeal against the Israel Ports Company Ltd. (IPC), regarding a decision by IPC’s Tender Committee, to prevent Dagon or any company connected thereto, including Ashdod Silos (a company owned by Dagon), which operated the silos for years, from participating in a tender to continue operation of silos located in the rear of the Ashdod Port; in a claim Dagon submitted against IPC, with respect to IPC’s decision to fine Dagon for refusing to unload defective bulk freighters which fail to meet the safety requirements stipulated by Israeli law; and a claim submitted to the Supreme Court sitting as the High Court of Justice by several grain importers, in which they demanded permission to unload freighters in a manner considered by Dagon to be unlawful, and which falls to meet safety requirements.
  • The owner of a quarry, in a compensation claim in the amount of USD 200,000,000 [against the Israel Land Authority] in connection with damages incurred as a result of misrepresentation regarding rights to the quarry.
  • Sharbiv Ltd., a privately held company specializing in construction of housing and large scale infrastructure, in proceedings instituted against the Israel Land Administration and the Municipality of Haifa for compensation for losses incurred as a result of delay in transferring ownership in certain prime real estate to the client.
  • A conglomerate of hundreds of private land owners in a real estate project worth USD 250 million for the construction of over 400 housing units in the largest residential development currently underway in Tel Aviv – “Kikar Hamedina” – one of the most exclusive neighborhoods of the city of Tel Aviv. Amir represents the owners of the project in negotiations with contractors regarding both combination and construction services agreements, and acts for the land owners in various proceedings against the Municipality of Tel Aviv in connection with the project.
  • Aerohandling Ltd., a company that had been granted a concession to provide ground services at Ben Gurion Airport, in an appeal to the Supreme Court to set aside and cancel the terms of a new tender published by the Israel Airports Authority (IAA) regarding renewal of the concession. Under the terms of the tender, the number of concessionaires would have been reduced from three to two and the minimum fee payable to IAA by each concessionaire would have multiplied exponentially . The Court ruled in favour of the client and set aside the tender
  • S.P.Y. Ltd., an environmental projects company, in administrative and civil matters relating to the construction of Israel’s largest waste landfill site, with respect to operation permits, zoning and construction permits, and in civil proceedings against the Land Administration regarding the client’s right to operate the landfill site.

 

 

Recognition

  • Legal Expert recommends Amir for his work in Project Finance/Energy and Real Estate.
  • Which Lawyer? recommends Amir in the fields of Construction, Corporate and M&A and Real Estate.
  • The Legal 500 recommends Amir for his Real Estate and Planning and Zoning practices.

Recent News

The Government has Crossed the Line

19/06/2018 | By S. Horowitz & Co.

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