The outpost of Migron was built on private Palestinian land deep in the West Bank east of Ramallah, in an area that will not remain under Israeli sovereignty in any future agreement.
The settlers tried to build the outpost in different ways. In 1999 they excavated a road for an archaeological dig and the settlers placed a container at the site, which was evacuated a few months later. The Mateh Binyamin Regional Council wanted to establish a fire department dispatch point at the site but the plan was rejected by the Civil Administration.
In July 2001 a cellular antenna was erected at the site. The settlers claimed there was a security need to improve reception on the main highway and allow emergency communication. The antenna was followed by mobile homes, infrastructures and roads. On the basis of the electricity hookup for the antenna, the entire outpost was illegally connected to the electricity grid, along with illegal connections to the telephone, water and sewage systems. (Later the Migron settlers would ask for the cellular antenna to be removed because of the radiation risk for the outpost's residents.)
The Civil Administration issued demolition orders against all of the buildings in the outpost.
In 2004 the settlers submitted documents attesting to the supposed purchase of a small part of Migron's land, but the documents turned out to be forged.
In September 2006 Peace Now, along with some of the land owners, petitioned the High Court of Justice demanding the outpost be evacuated. In its response, the state admitted that: "The outpost was built on private Palestinian land and there was no authority to order its construction," but asked the court for an extension to make a plan for its evacuation.
On January 22, 2008 after additional requests for extensions, the state informed the HCJ that "the prime minister and defense minister decided that the outpost of Migron, which is situated on private land belonging to Palestinian residents,would be evacuated within six months, namely by the beginning of August 2008."
The outpost was not evacuated. On August 14, 2008 the state informed the HCJ that an agreement was reached with the Yesha Council that the housing ministry would plan and build a new neighborhood for the Migron settlers, who would receive houses without tenders, within the settlement of Adam; in exchange, the settlers would undertake to leave Migron peacefully. The Migron settlers announced they rejected the compromise and would not agree to leave by any means.
Nonetheless, the state continued to ask the court for extensions and provide updates about the progress of the plan for the new neighborhood.