Art.1 This Law has the object of establishing the owner-farmers promptly and widely for the purpose of stabilizing the status of cultivators and giving them the fruits of their labour fairly thereby contributing to the increase of the Agricultural productive power and promotion of the democratic tendency in rural communities.
Art.2 The agricultural land within the meaning of this Law is land which is employed for cultivation.
Within the meaning of this Law, the owner-farmer land is an agricultural land which the person engaging in cultivation is employing for his business on the ground of ownership and the tenant farmer land is an agricultural land which the person engaging in cultivation is employing for his business on the ground of lease, loan for use, emphyteusis, superficies or pledge.
In applying the provisions of the preceding paragraph, those rights, mentioned in that paragraph, which are possessed by a head of the family or a family member of a person engaging in cultivation who lives in the same house or a head of the family or a family member of a person engaging in cultivation who does not live in the same house by the special reason as specified by order shall be deemed to be possessed by the said person engaging in cultivation.
Within the meaning of this Law, the owner-farmer is an individual who is engaging in cultivation on the owner-farmer land and the tenant-farmer is an individual who is engaging in cultivation on the tenant-farmer land.
Art.3 The agricultural land mentioned below shall be purchased by the government:
1. The tenant-farmer land owned by the owner of the tenant-farmer land outside the limits of any City, Town or Village in which his permanent residence, is situated (comprising the area which is, within the administrative limit of City, Town or Village adjacent thereto, and which is designated as to be corresponding to the area within the limits of such City, Town or Village by the Agricultural Land Commission of a City, Town or Village, with the approval of the Agricultural Land Commission of the Metropolis, Hokkaido, a Special Prefecture or a Prefecture;the term when hereinafter referred to shall be used in the same sense);
2. In cases where within the limits of any City, Town or Village in which the permanent residence of an owner of tenant-farmer land is situated, he owns a tenant-farmer land, the area of which in Hokkaido exceeds four cho-bu or in the Metropolis, a Special Prefecture or a Prefecture exceeds the area determined by the Central Agricultural Land Commission in respect of each Metropolis, Special Prefecture or Prefecture, the tenant-farmer land within the said limits exceeding such area;
3. In cases where the total of the area of the tenant-farmer land which a person having the agricultural land owns within the limits of any City, Town or Village in which his permanent residence is situated and of the area of the owner-farmer land owned by him exceeds twelve cho-bu in Hokkaido or exceeds in the Metropolis, Special Prefecture or Prefecture, the area determined by the Central Agricultural Commission in respect of each of the Metropolis, Special Prefecture or Prefecture the tenant-farmer land within the said limits exceeding such area.
In fixing the area mentioned in any of items 2 and 3 of the preceding paragraph in respect of each of the Metropolis, a Special Prefecture and a Prefecture, the average area shall be about one cho-bu with regard to the land mentioned in item 2 and be about three cho-bu with regard to the land mentioned in item 3.
If deemed specially necessary, the Agricultural Land Commission of the Metropolis, Hokkaido, a Special Prefecture or a Prefecture may, with the approval of the Central Agricultural Land Commission, divide the limits of the Metropolis, Hokkaido, Special Prefecture or Prefecture concerned into two or more limits and determine the area in place of the area mentioned in any of items 2 and 3 of par.1 in respect of each of such limits, provided that the average area thereof shall be nearly the area for each of the Metropolis, Hokkaido, a Special Prefecture or a Prefecture, mentioned in item 2 or 3 of that paragraph.
The area of the agricultural lands as specified by order which are mentioned in item 7 of Article 5 shall not be included in the area of the owner-farmer land or tenant farmer land mentioned in any of items 2 and 3 of par.1.
Apart from the agricultural land mentioned in par.1, the agricultural land mentioned below which in accordance with the provisions of order, the Agricultural Land Commission of the Metropolis, Hokkaido, a Special Prefecture or Prefecture or the Agricultural Land Commission of a City, Town or Village deems it suitable that it be purchased by the government for the purpose of establishing an owner-farmer land shall be purchased by the government.
1. In cases where the area of an owner-farmer land of the owner-farmer whose cultivation is not reasonable, exceeds the area mentioned in item 3 of par.1, such part of the owner-farmer land as exceeding the said area;
2. The owner-farmer land which is engaged in cultivation by a person other than an owner-farmer on the ground of contract for work or other contract;
3. The agricultural land owned and operated by a juridical person or other association with the object of engaging in cultivation whose cultivation is not reasonable;
4. The tenant-farmer land owned by juridical person of other association.
5. The agricultural land which a person who may cultivate on the ground of ownership or other title is not using for cultivation at present;
6. Except lands mentioned in any of items mentioned above the agricultural land which the owner thereof has proposed to the Agricultural Land Commission of a City, Town or Village to be purchased by the government.
Art.4 In applying the provisions of the preceding Article, the agricultural lands owned by the head of the family or the family member of an owner of an agricultural land who lives in the same house or by the head of the family or the family member of an owner who does not live in the same house by the special reason mentioned in the Article 2, par.3, within the limits of a City, Town or Village in which the permanent residence of the said owner is situated, shall be deemed to be owned by the owner of the said agricultural land.
In applying the provisions of par.1 of the preceding Article, the owner of an agricultural land whose permanent residence is not situated within the limits of a City, Town or Village where his agricultural land is located, by the reason mentioned in Article 2, par.3 shall be deemed to be a person whose permanent residence is situated within the limit of a City, Town or Village concerned.
Art.5 The agricultural land mentioned below shall not be subject to the purchase of the government which is to be done in accordance with the provisions of Article 3;
1. The agricultural land which the government or public corporation uses for the public or for official business;
2. The agricultural land owned by the Metropolis, Hokkaido, a Special Prefecture or, Prefectute, a City, Town or Village, the Agricultural Association of the Metropolis, Hokkaido, a Special Prefecture, or Prefecture, the Agricultural Association of a City, Town or Village, the Agricultural Practice Association, the Agricultural Land Development Corporation or other associations as specified by order which Shall be used as the object for the establishment of owner-farmer or for common cultivation;
3. The agricultural land which is used as the object of experiment and research or guidance of agriculture, and which is designated by the prefectural governor;
4. The agricultural land which is situated in the area of the land within which adjustment of town-lots is effected under Art.12, par.1 of the City Flanning Law or of the land mentioned in Art.16 par.1 of that Law and which is situated within an area as designated by the prefectural governor;
5. The agricultural land which is deemed suitable to be used for the altered object in the near future and which is designated by the Agricultural Land Commission of a City. Town or Village with the approval of the Agricultural Land Commission of the Metropolis, Hokkaido, a Special Prefecture or a Prefecture;
6. In cases where, because an owner-farmer cannot engage in cultivation on his ownerfarmer land by reason of illness or by any other cause as specified by order, such land is employed by other person engaging in cultivation on the ground of lease or loan for use, the agricultural land which the Agricultural Land Commission of a City, Town or Village recognizes to be a land to be cultivated in the near future by the owner himself and deems it suitable that it be so cultivated;
7. The agricultural land, the yield of which is very meagre, such as the developed land, burnt-field and changed field, or other agricultural land as specified by order which the Agricultural Land Commission of a City, Town or Village deems it unsuitable to be purchased by the government.
Art.6 In case where the government purchases the land in accordance with the provisions of Art.3, such purchase follow the plan for the purchase of the agricultural land set up by the agricultural Land Commission of a City, Town or Village.
The agricultural land to be purchased, the time of purchase and the consideration shall be provided in the plan for the purchase of the agricultural land mentioned in the preceding paragraph.
In case where there is the rental value of the land as fixed under the Land Tax Law, the consideration mentioned in the preceding paragraph shall be determined within the extent of the amount which represents 40 times the said rental value for paddy field and 48 times for upland field (if the prefectural governor has specified the rates in accordance with the provisions of Art.6-3, par.1 of the Agricultural Land Adjustment Law, such rate shall apply instead of 40 or 48);in case where there is no rental value as fixed under the Land Tax Law, the Agricultural Land Commission of City, Town or Village shall determine the amount, with the approval of the prefectural governor, provided, however, that in cases where there exist the special circumstances the Agricultural Land Commission of City, Town or Village shall determine the amount with regard to the said agricultural land with the approval of the prefectural governor.
The Agricultural Land Comission of a City, Town or Village shall set up the plan for the purchase of the agricultural lands with the consideration of the following matters:
1. To give to persons to be owner-farmer the impartial opportunity to purchase the agricultural land;
2. To group the agricultural land cultivated by persons to be owner-farmer and to make the proportion of the paddyfield and the upland field suitable and just in respect of the said agricultural land according to the circumstances of the district concerned.
If the Agricultural Land Commission of a City, Town or Village sets up the plan for the purchase of the agricultural land, public notice thereof shall be given without delay and the document stating the following matters shall be submitted to public inspection at the city office or town or village office for ten days from the day on which public notice has been given.
1. Name and permanent residence of the owner of the agricultural land to be purchased;
2. The location, lot number, class (in cases where the class entered in the land resister differs from its actual condition the class as it appears in the land resister as well as the class according to its actual condition;the term when hereinafter referred to shall be understood in the same sense) and size of the land to be purchased;
Art.7 If any person who is entitled to ownership with regard to the agricultural land provided in the plan for the perchase of the agricultural land mentioned in the preceding Article is not satisfied with the plan, he may make a complaint to the Agsicultural Land Commission of a City, Town or Village, provided, however, this shall not apply where the period of time for inspection mentioned in par.3 of the preceding Article has elapsed.
If the Agricultural Land Commission of a City, Town or Village receives the complaint mentioned in the preceding paragraph, it shall make a determination within twenty days from the day on which the period of time for inspection mentioned in par.3 of the preceding Article has expired.
The applicant who is not satisfied with the determination mentioned in the preceding paragrarph may file a petition with the Agricultural Land Commission of the Metropolis, Hokkaido, a Special Prefecture or a Prefecture, provided, however, this shall not apply where ten days have elapsed since the expiration of the period mentioned in the preceding paragraph.
If the Agricultural Land Commission of the Metropolis, Hokkaido a Special Prefecture or a Prefecture receives the petition mentioned in the preceding paragraph, it shall make a ruling within twenty days from the day on which the period of time mentioned in the latter part of the preceding paragraph has expired.
Art.8 If no complaint mentioned in par.1 of the preceding Article has been made against the plan for the purchase of an agricultural land mentioned in Art.6, within the period mentioned in paragraph 5 of the same article or, though such complaints have been made, the determination are made to all of them in accordance with the provisions of par.2 of the said Article and any petition has not been filed within the period mentioned in the latter part of par.3 of the said Article or though the petition has been filed, the rulings are made to all of them in accordance with the provisions of par.4 of that Article, the Agricultural Land Commission of a City, Town or Village shall obtain without delay the approval of the Agricultural Land Commission of the Metropolis, Hokkaido, a Special Prefecture or a Prefecture relating to such plan for the purchase of the agricultural land.
Art.9 The purchase mentioned in Art.3 shall be effected by means of the delivery of the writ of purchase by the prectural governor to the owner of the said agricultural land in compliance with the plan for the purchase of an agricultural land which has been approved in accordance with the provisions of the preceding Article, provided, however, that in cases where the owner of the said agricultural land is unknown or the writ cannot be delivered by other cause, the public notice of the matter mentioned in each item of par.2 may be given in substitution for the delivery of writ in accordance with the provisions of order.
The writ shall contain the following matters:
1. Matters mentained in each item of Art 6 par.5;
2. Method and time for payment of consideration;
3. Other necessary matters.
In cases where the prefectural governor delivers the writ or gives a public notice in accordance with the provisions of the latter part of par.1, he shall notify to that effect without delay to a person having the preferential right, pledge or hypothec in the agricultural land which is the object of purchase at the time of the delivery of the writ or the public notice, provided, however, that in cases where a person having the preferential right, pledge or hypothec is unknown or the notification cannot be made by other cause, the public notice may be made in substitution for the notification in accordance with the provisions of order.
Art.10 In applying the provisions of Arts.5 to 6 inclusive and the preceding Article, the area of an agricultural land shall be the area thereof which is registered on the land register;provided, however that in case the Agricultural Land Commission of a City, Town or Village deems it very unreasonable and fixes the other area in respect of such land, such area shall be depended upon with regard to the said agricultural land.
Art.11 The procedures taken or other acts done in accordance with the provisions of Arts.3 to 9 inclusive shall have effect as against the assignees of the owner of the agricultural land to be purchased or of the person having the preferential right, pledge or hypothec in such land in accordance with the provisions of Article 3.
Art.12 If the prefectural governor has taken the procedure mentioned in Art.9 the government shall acquire the ownership of the said agricultu ral land and the rights in such agricultural land shall be extinct at the time of purchase stated on the writ or noticed publicly in accordance with the provisions of the latter part of par.1, of the said Articles.
In cases where the leases, loan for use, emphyteusis, superficies or servitudes exist at the time of acquisition in the agricultural land acquired by the government in accordance with the provisions of the preceding paragraph, it shall be deemed that those rights be created on the same conditions as heretofore for the persons who are entitled to such fight at the time of acquisition, provided, however, that the period during which these rights subsist shall be the remaining period of the previous rights.
In cases mentioned in the preceding paragraph, if the preferential right, pledge, or hypothec exists on the previous rights, the said preferential right, pledge, hypothec shall be deemed to continue on the rights which have been created in accordance with the preceding paragraph.
Art.13 In order to purchase the agricultural land in accordance with the provisions of Art.3, the government shall pay the consideration thereof to a person who owns the said agricultural land at the time of purchase, provided, however, that in cases where the preferential right, pledge or hypothec exists in the said agricultural land the consideration thereof shall be deposited if the person who has the said right requests or the said person is unknown.
A person having the preferential right, pledge or hypothec in the said agricultural land may enforce his right against the consideration deposited in accordance with the provisions of the preceding paragraph.
The government shall give subsidy to the owner of the agricultural land to be purchased in accordance with the provisions of Art.3 according to the size of the land (if the said area exceeds the size prescribed in accordance with the provisions of Article 3, par.1 item 3, par.2 and par.3, the subsidy shall be limited to that extent).
The amount of the said subsidy shall be determined by the competent Minister, making 220 Yen per tan-bu in the case of paddy field and 130 Yen per tan-bu in the case of upland field as standard
and taking the yield, location, and other conditions of the said land into consideration.
Art.14 A person, who is not satisfied with the consideration of the agricultural land purchased in accordance with the provisions of Art.3 may bring an action in an ordinary court, provided, however, that this shall not apply where one month has elapsed from the day on which the writ was delivered or the public notice mentioned in the latter part of par.1 of Art.9 was given.
Art.15 If, in cases where a person who is to be the owner-farmer of the agricultural land purchased in accordance with the provisions of Art.3 or a person having ownership or other right in such an agricultural land has made application to the government to buy the agricultural establishments, land or building mentioned below and the Agricultural Land Commission of a City, Town or Village recognizes such application to be reasonable the government shall purchase it.
1. The agricultural establishments necessary for the use of the said agricultural land to be purchased in accordance with the provisions of Art.3.
2. The pasture in which a person who is to be owner-farmer of the agricultural land purchased in accordance with the provisions of Art.3 posseses the right of lease, loan for use or emphyteusis, the building lot in which such person is entitled to the right of lease, or of loan for use or superficies or the building in which he is entitled to lease.
The provisions of Art.6, pars.1, 2 and 5 and Arts.7 to 12 inclusive. Article 13, pars. I and 2 and the preceding Articles shall apply mutatis mutandis to cases mentioned in the preceding paragraph.
The consideration mentioned in Art.6, par.2 which shall be applied mutatis mutandis to the preceding paragraph shall be determined on the basis of current price. The consideration mentioned in the preceding paragraph shall be, in respect with meadow, determined in accordance with provisions of ordinance, taking the current price of similar land in vicinity into account, and, in respect with other than meadow, the said consideration shall be determined taking the current price thereof into account.
Art.16 The government may, in accordance with the provisions of order, sell the agricultural land purchased in accordance with the provisions of Art.3 and other agricultural land owned by the government as specified by order to the tenant farmer engaging in cultivation at the time of purchase or other person as specified by order who is likely to devote himself to cultivation as owner-farmer.
If deemed specially necessary, the government may sell the agricultural land purchased in accordance with the Provisions of. Article 3 to the Agricultural Association of a City, Town or Village or other association as specified by order which is undertaking the work of the establishment of owner-farmers.
Art.17 A person mentioned in the preceding Article who intends to buy the agricultural land prescribed in the same article shall make application thereof to the Agricultural Land Commission of City, Town or Village.
Art.18 In order to effect the sale mentioned in Art.16 the government shall follow the plan for the sale of the agricultural land set up by the Agricultural Land Commission of a City, Town or Village.
The agricultural land to be sold, the other party, time and consideration of the sale shall be provided in the plan for the sale of the agricultural land.
The other party of the sale mentioned in the preceding paragraph shall be a person who has made application thereof in accordance with the provisions of the preceding Article.
If the Agricultural Land Commission of City, Town or Village sets up the plan for selling the agricultural land, public notice thereof shall be given without delay and the document. stating the following matters shall be submitted to public inspection at the city office or town or village office for ten days from the day on which public notice has been given.
1. Name and permanent residence of the other party of the sale.
2. The location, lot number, class and sale of the agricultural land to be sold.
The provisions of Art.8 shall apply mutatis mutadis to the plan of the sale of, the agricultural land.
Art.19 If a person who has made application in accordance with the provisions of Art.17 is not satisfied with the plan mentioned in the preceding Article, he may make complaint to the Agricultural Land Commission of City, Town or Village, provided, however, this shall not apply where the period for inspection mentioned in par.4 of the said Article has expired.
The provisions of Art.7 pars.2 to 4 inelusive shall apply mutatis mutandis to the cases mentioned in the preceding paragraph. In this case "par.5 of the preceding Article" in Art.7 par.2 shall read "par.4 of Article 18" .
Art.20 The sale mentioned in Art.16 shall be effected by means of the delivery of written notice of sale by the prefectural governor to the other party of the sale in compliance with the plan which has been approved in accordance with the provisions of Art.8 which shall be applied mutatis mutandis under Art.18, par.5.
The written notice shall contain the following matters:
1. Matters mentioned in Art.18, par.4.
2. Method and time for payment of consideration.
3. Other necessary matters.
Art.21 If the written notice mentioned in the preceding Article has been delivered, the other party of the sale stated in such written notice shall acquire the ownership of the said agricultural land at time of sale stated in the written notice.
The provisions of Art.14 shall be applied mutatis mutandis to the consideration of the agricultural land which has been adquired in accordance with the provisions of the preceding paragraph.
Art.22 In cases where the right which has been created in accordance with the provisions of Art.12, par.2 exists in the agricultural land sold in accordance with the provisions of Art.16, if a person having such right is not the purchaser of the said agricultural land, the said right shall be extinct at the time of the sale of the said agricultural land.(in case of the servitudes, this shall apply to only those servitudes which the Agricultural Land Commission of a City, Town or Village recognizes to be prejudicial to the cultivation of the said agricultural land).
The government shall make compensation for the loss accrued from the extinction of the right to the person who has the right which shall be extinct in accordance with the provisions of the preceding paragraph, provided, however, that this shall not be applied to the case where he has acquired the right which has become extinct in accordance with the provisions of Art.12, par.1 after the public notice mentioned in Art.6, par.5 has been given.
The loss to be compensated in accordance with the provisions of the preceding paragraph shall be the loss arisen normally from the extinction of the right mentioned in paragraph 1.
The Agricultural Land Commission of a City, Town or Village shall determine the amount of compensation mentioned in paragraph 2 with the approval of the prefectural governor.
If the Agricultural Land Commission of a City, Town or Village determines the amount of compensation mentioned in the preceding paragraph, it shall notify such amount without delay to a person to whom the compensation is to he made in accordance with the provisions of par.2 of this Article.
A person, who is not satisfied with the decision of the amount of compensation mentioned in par.4, may bring an action in an ordinary court, provided, however, this shall not apply where twenty days have elapsed from the day on which the notification mentioned in the preceding paragraph was given.
The provisions of Art.13, pars.1 and 2 shall apply mutatis mutandis to cases where the preferential right, pledge, hypothec exists on the right which has become extinct in accordance with the provisions of par.1 of this Article.
Art.23 In cases where the government sells the agricultural land in accordance with the provisions of Art.16, if there is special necessity to effect the reasonable establishment of ownerfarmer, the Agricultural Land Commission of a City, Town or Village may indicate the necessary matters to the owner of the tenant-farmer land in respect of the exchange of the said agricultural land for the tenant-farmer land purchased by the government bearing a close resemblance to the said land in its class, area and rank, etc.
The indication mentioned in the preceding paragraph shall be effected to the owner of the said tenant-farmer land, determining the location, lot number, class and area of the agricultural lands acquired by him and the government at the result of the said exchange.
A person who has been indicated in accordance with the provisions of par.1. shall negotiate with the Agricultural Land Commission of a City, Town or Village with regard to such exchange within ten days from the day on which indication was given.
If no agreement has been arrived at or no negotiation can be made in cases mentioned in the preceding paragraph the Agricultural Land Commission of a City, Town or Village shall apply for a ruling by the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture and Prefecture.
If the ruling is made in accordance with the provision of the preceding paragraph, it shall be deemed that the contract of exchange is made according to the provisions of such ruling.
Art.24 The exchange mentioned in the preceding Article shall have the effect of transferring ownership on the day fixed in the negotiation mentioned in par.3 of the said Article or in the ruling mentioned in par.4 of that Article.
The preferential right, pledge or hypothec which has existed in the said tenant farmer land at the time of transfer of ownership mentioned in the preceding Article shall exist in the agricultural land which the owner of the said tenant-farmer land has acquired as a result of exchange.
Art.25 In cases where the government sells the agricultural land in accordance with the provisions of Art.16, if there is special necessity to effect the reasonable establishment of owner-farmer, the Agricultural Land Commission of a City, Town or Village may indicate the necessary matters to a person having lease or emphyteusis in the agricultural land to be sold by the government and a person having lease or emphyteusis in the agricultural land bearing a close resemblance to the said land in its class, area, rank, etc. which has not been purchased by the government, in respect of the exchange of lease or emphyteusis owned by them.
The indication mentioned in the preceding paragraph shall be effected, by determining the location, lot number, class and size of the agricultural land in which the lease or emphyteusis to be transferred as a result of the exchange exists.
The transfer of the lease or emphyteusis in the exchange mentioned in the par.1 may be effected notwithstanding the provisions of the proviso of Art.272 and Art.612 of the Civil Code.
In cases where the Agricultural Land Commission of a City, Town or Village has made the indication mentioned in par.1, it shall notify to that effect without delay to the owner of the garicultural land and the lessor who is not the owner of the said agricultural land to which such indication has been made.
In case a person who has been notified in accordance with the provisions of the preceding paragraph is not satisfied with the indication mentioned in par.1, such person may make complaint to the Agricultural Land Commission of a City, Town or Village;provided, however, this shall not apply where ten days have elapsed from the day on which the notification mentioned in the preceding paragraph was given.
The provisions of Art.23, pars.3 to 5 inclusive and the preceding Article shall apply mutatis mutandis to the exchange mentioned in par.1;provided, however, that in this case'negotiate with the Agricultural Land Commission of a City, Town or Village in Art.23, par.3 shall read "negotiate" and in par.4 of the same Article "the Agricultural Land Commission of a City, Town or Village-a ruling in the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture and Prefecture shall read" a person who has been indicated in accordance with the provisions of par.1-a ruling by the Agricultural Land Commission of a City, Town or Village."
Art.26 The consideration of the Agricultural Land which has been sold in accordance with the provision of Art.16 shall be paid by the method of annual instalment with interest of 3.2% per year within the period of thirty years (including the period which it is left unredeemed);provided, however, that in case a person who has purchased the said Agricultural Land applies for, the whole or a part of its consideration may be paid at a time.
Art.27 In case the total amount of such annual instalment of the consideration of the Agricultural Land which has been sold in accordance with the provisions of Art.16 if the payment of the consideration were to be made by such method as determined by order and taxes and other financial obligation on such land exceeds the fixed ratio of the amount of its ordinary field, the Government shall reduce or exempt the annual instalment, or postpone the payment thereof or take such other measure as may be necessary to lighten the charge on the owners respectively in regard to the payment of consideration.
The fixed ratio referred in the preceding paragraph shall be determined by the Central Agricultural Land Commission;provided however, that it shall not exceed one-third.
In addition to the matter provided for in the preceding paragraph such matters as may be necessary for the extension of the provisions of par.1 shall be provided by order.
Art.28 If a person to whom the Agricultural Land has been sold in accordance with the provision of Art.16 or his successor intends to give up to cultivate himself on the said Agricultural Ground the Government shall, in accordance with the provisions of order propose to such person that the said Agricultural Land shall be purchased by the Government.
In case such proposal is made by the Government as contemplated in the preceding paragraph, the transfer of the said Agricultural Land shall be effected at the time of such proposal by such terms as determined in the said proposal. The provisions of Art.6, Par.3 shall apply mutatis mutandis to the consideration of the said Agricultural Land in this case.
Art.29 In case a person as specified by order to whom the Agricultural Land has been sold in accordance with the provisions of Art.16 intends to purchase such Agricultural equipments, lands or buildings as were purchased by the government in accordance with the provisions of Art.15 he shall apply to that effect to the Agricultural Land Commission of a City, Town or Village.
The provisions of Art.16 and Arts.18 to 22 inclusive, Art.26 and the preceding Article shall apply mutatis mutandis to the transfer of the Agricultural establishments, lands or buildings which has been purchased by the Government in accordance with the provisions of Art.15. In this case, "the preceding Article" in Art.18, par.3 and "Article 17" in Art.19 par, 1 shall read "Art.29, par.1."
Art.30 If it is deemed necessary for establishing the owner-farmer, the government may purchase the following:
1. Lands other than agricultural land which are to be cultivated into agricultural land.
2. Rights other than ownership or the right of security regarding to the land owned by the government which is to be cultivated into agricultural land.
3. Lands adjacent to the land mentioned in items 1 or 2 which are deemed suitable to be cultivated, together with the said land.
4. Trees, buildings or other structures on the land mentioned in item 12.
6. Right concerning the use of water.
7. Lands, building or other structures necessary for the use of the land mentioned in the items 1 or 2 after the said land has been cultivated into agricultural land.
The government may use the things mentioned in items 6 and 7 of the preceding paragraph.
Art.31 In order to purchase or use such things as prescribed in the preceding Article, the government shall follow the plan for the purchase of unclutivated land which has been set up by the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture in accordance with the provisions of order.
In the plan for the purchase of uncultivated land mentioned in the preceding paragraph, there shall be determined the land, right, tree, building or other structure to be purchased or used, the time of purchase or the time and the period of use and the consideration.
In case where the consideration in the preceding paragraph is to be determined, the provisions of Article 6, par.3 shall apply mutatis mutandis in respect to the agricultural land, and in respect to land other than agricultural land, the current price thereof shall be the standard. In this case "the Agricultural Land Commission of City, Town or Village" in the said paragraph shall read "the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefectures."
In cases where the Agricultural Land Commission of the Metropolis, Hokkaido, a Special Prefecture or Prefecture sets up the plan for the purchase of uncultivated land, the public notification to that effect shall be made without delay and the document stating the following matters shall be subject to public inspection for fourteen days from the date of such notification, at the city office or the town or village office of the locality in which the land or other things to be purchased or used in accordance with the provisions of the preceding Article is situated.
1. Name and permanent residence of the owner of lands, rights, trees or structures to be purchased or used.
2. Location, lot number, class and size of the land;kind in the case of right;kind, quantity and location in the case of trees;or kind and location in the case of the structure which are respectively to be purchased or used.
4. Time of the purchase or time and period of the use.
The provisions of Articles 7 and 8 shall apply mutatis mutandis to the plan for the purcbase of uncultivated land, In this case "The Agricultural Laud Commission of a City, Town or Village" Shall read "the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture of Prefecture" and "the Agricultural Land Commission of the Metropolis, Speciel Prefecture or Prefecture" shall read "the prefectural governor," and "par.5 of the preceding Article" in Art.7, pars.1 and 2 and in Art.8 shall read "par.4 of Art.31" and "approval" (shonin) in Art.8 shall read "a sanction" (Ninka).
Art.32 If it is deemed necessary to set up the plan for the purchase of uncultivated land in accordance with the provision of the preceding Article, the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture may cause the member of the commission or person engaging in the affairs thereof enter into, survey or inspect the land owned by other person, or transfer or remove the things which are the obstacles to such survey or inspection, but the damage sustained as the result of such measure shall be compensated.
In cases where there exists necessity for the purchase or use by the government as prescribed in Article 30, the provisions of the preceding paragraph shall apply mutatis mutandis. In this case "the member of commissioner or a person engaging in the affairs thereof" shall read "the said officials."
Art.33 The government may cause the owner or possessor of the article which exists in the land or structure purchased or used in accordance with the provisions of Art.30 take away the said article.
In the case mentioned in the preceding paragraph, if the said article may not be used for the purpose hitherto used as the result of its being taken away, the owner of the said article may demand the government to purchase the said article in accordance with the provisions of order.
The prefectural governor shall determine the consideration of purchase as prescribed in the preceding paragraph on the base of the currentprice.
The provisions of Arts.9, 11, 12, par.1, Art.13, pars.1 and 2, Art.14 shall apply mutatis mutandis to the purchase as prescribed in par.2. In these cases "each item of Art.6, par.5" in item 1 Art.9, par.2 shall read "each item of Art.31, par.4."
Art.34 The provisions of Arts.9 to 11 inclusive, Art.12, par.1, Art.13, pars.1 and 2, and Art.14 shall apply mutatis mutandis to the purchase or use as prescribed in Article 30. In this case "each item of Art.6, par.5" in item 1 of Art.9 par.2 shall read "each item of Art.31, par.4" and "the Agricultural Land Commissioner of City, Town or Village" in Art.10 shall read "the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture," except in the case where the said purchase is in accordance with provisions Art.38.
Art.35 In cases where the government uses the right, land, trees or structure in accordance with the provisions of Art.30, par.2, the government shall acquire the right of use of the said right, land, tree, or structure at the time of use as stated on the writ mentioned in Art.9, par.1 which shall be applied mutatis mutandis under the preceding Article or at the time of use as notified publicly in accordance with the proviso to the said paragraph, and the exercise of the right over the said right, land, tree, or structure shall be suspended during the period of use;provided, however, that one which shall not be an obstacle to the use shall be treated otherwise.
Art.36 In cases where the use of right, land, tree or structure as prescribed in Art.30, par.2 is extended over more than three years or in case it has become very difficult to use the said right, land, tree or structure for the purpose hitherto used as the result of its use, a person having the said right or owner of the said land, tree or structure may, in accordance with the provisions of order, demand the Government to purchase the said right, land, tree or structure.
The consideration for the purchase mentioned in the preceding paragraph shall be determined by the prefectural governor.
To the case mentioned in the first paragraph, the first part of the provisions of Art.31, par.3 and Art.33 par.4 shall apply mutatis mutandis. "The city, town or village commission, with approval of the prefectural governor" in Art.6, par.3 which shall be applied mutatis mutandis in this case shall read "prefectural governor" .
Art.37 If it is deemed specially necessary, in cases where the government purchase the land in accordance with the provisions of Art.30, the government may purchase or use other land (including the trees on such land) necessary in order to sell or lease as a substitute land to a person having ownership, lease, loan for use, emphyteusis, superficies or iriaiken in the said land at the time of such purchase.
The provisions of Article 31 to the preceding Article inclusive shall apply mutatis mutandis to cases mentioned in the preceding paragraph.
Art.38 If, in cases where the government purchase the land mentioned in item 1 of Art.30, par.1 in accordance with the provisions of Art.30, par.1, the area of the said land does not exceed the area fixed by the competent Minister, the government may make purchase as prescribed in Paragraph 1 of Article 30, according to the plan for the purchase of uncultivated land set up by the Agricultural Land Commission of a City, Town or Village, irrespective of the provisions of Article 31, par.1.
The provisions of Arts.7 and 8, Art.31, par.2 the former part of par.3, and par.4 of Article 31 respectively and Art.32, par.1, shall apply mutatis mutandis to cases mentioned in the preceding paragraph. In this case "par.5 of the preceding Article" in Art.7 par.1 and 2 and "par.5 of the same Article" in Art.8 shall read "par.4 of Art.31" and "the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture, Prefecture" in Art.31, par.4 and Art.32 par.1 shall read "the Agricultural Land Commission of a City, Town or Village."
Art.39 The government shall make compensation for the damages sustained by the act mentioned in Article 32, par.1 (including cases which shall be applied mutatis mutandis under par.2 of the same Article, par.2 of Article 37 and par.2 of the preceding Article), by the act of removal mentioned in Article 33, par.1 (including cases which shall be applied mutatis mutandis under par.2 of Article 37) by the extinction of right by virtue of the provisions of Article 12, par.1 which shall be applied mutatis mutandis under Article 33, par.4 (including the cases which shall be applied mutatis mutandis under Article 36, par.2) or Article 34 (including cases which shall be applied mutatis mutandis under par.2 of Article 37) or by the suspension of exercise of right by virtue of the provisions of Article 35 (including cases which shall be applied mutatis mutandis under par.2 of Article 37).
Except the cases of compensation to the act as mentioned in Article 32, par.1 (including the cases which shall be applied mutatis mutandis under par.2 of the same Article, par.2 of Article 37, par.2 of the preceding Article) a person who is entitled to compensation by virtue of the provisions of the preceding paragraph, shall be a person who has the ownership or rights other than right of security in respect of the said land, right, tree, structure or article in the cases of the purchase or use as prescribed in Article 30 or Article 37, or of the purchase as presented in Article 33, par.2 or Article 36, par.1 and be a person who has the right other than right of security in respect of the case of removal by virtue of the provisions of Article 33, par, 1 (including the cases which shall be applied mutatis mutandis under par.2 of Article 37);provided, however, that this shall not apply to such person who has acquired such right after the public notification as prescribed in Article 31, par.4 (including the case which shall be aplied mutatis mutandis under Art.37, par.2 and par.2 of the preceding paragraph) was made.
The provisions of Article 22, pars, 3 to 7 inclusive shall apply mutatis mutandis to the amount of compensation mentioned in par.13; in this case "the Agricultural Land Commission of a City, Town or Village" shall read "the prefectural governor" in respect to the compensation of the act as prescribed in Article 32, par.1 which shall be applied mutatis mutandis under par.2 of the same Article (including the cases which shall be applied mutatis mutandis under par.2 of Article 37) and of the removal as prescribed in Article 33, par.1 (including the cases which shall be applied mutatis mutandis under par.2 of Article 37) or of the purchase by virtue of the provisions of Article 33, par.2 or Article 36, par.1, (including the case which shall be applied mutatis mutandis under Article 37, par.1);shall read"the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture in respect to the other compensation, except the compensation of purchase as prescribed in the preceding Article.
Art.40 The provisions of restriction or prohibition as specified by order under the other laws and ordinances shall not apply to the development of the land purchased by the government in accordance with the provisions of Article 30 or of the land mentioned in item 2 of par.1 of the same Article.
Art.41 The government may sell or lease to a person who is likely to devote himself to cultivation as a owner farmer or other person as specified by order, the land, (including the land mentioned in item 2 of Article 30, par.1) right, tree or structure purchased in accordance with the provisions of Article 30, par.1 or the right, land, tree, or structure used in accordance with the provisions of Art.30 par.2.
The provisions of Arts.17, 18, 20, 21 and 26 shall apply mutatis mutandis to the transfer or lease as prescribed in the preceding paragraph. In this case, in respect to the transfer or lease of land, right, tree or structure purchased or used according to the plan for the purchase of uncultivated land as prescribed in Article 31, "the Agricultural Land Commission of a City, Town or Village" in Art.17 and Art.18, Par.1 and 4 and Art.8 which shall be applied mutatis mutandis under Article 18, par.5 shall read "the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture" and "the approval of the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture" in Art.8 which shall be applied mutatis mutandis under Article 18, par.5 shall read the "Sanction of the prefectural governor."
In cases where the land mentioned in items 1 to 3 inclusive of Art.30, par.1 is sold in accordance with the provisions of par.1 the provisions of Arts.27 and 28 shall apply mutatis mutandis in addition to the provisions which shall be applied under preceding paragraph.
Art.42 After the public notification as mentioned in Art.6, par.5 (including the cases which shall be applied mutatis mutandis under Art.15, par.2) or Art.31, par.4 (including the cases which shall be applied mutatis inutandis under Art.37, par.2), a person who has the right relating to the land, agricultural establishments, structures or trees provided in the said plan of purchase, shall not, except the case where there exists no cause of apprehensions that the purchase or use might be prejudiced, alter the appearance or quality of such land or destory or remove any of the said agricultural establishments, structures and trees, without obtaining the permission of the prefectural governor.
Art.43 The consideration of the land, agricultural establishment, structure, right, tree, or other property purchased or used in accordance with any of the provisions of Arts.3, 15, 30, 33, par.2 Arts.36, and 37, the subsidy as prescribed in Art.13 par.3 and the compensation as prescribed in any of Art.22, par.2 and Art.39, par.1 may be paid by means of the bond to be redeemed within thirty years.
In order to make the payment thereof in such manner as is prescribed in the preceding paragraph, the government may issue the bond to the extent of necessary amount.
The Minister of Finance shall determine the delivery-price of the bond to be given in accordance with the preceding two paragraphs, taking the current-price thereof in consideration.
Such matters as may be necessary in respect to the bond mentioned in par.2 shall be provided by orders.
Art.44 In the cases of purchase as prescribed in any of Arts.3, 15, 30, par.1, 33, par.2, Arts, 36 and 37;of transfer or lease as prescribed in Arts.16 (including the cases which shall be applied mutatis mutandis under Art.29, par.2) or Article 41;of exchange as prescribed in Arts.23 or 25;or of purchase as prescribed in Art.28, par, 1 (including cases which shall be applied mutatis mutandis under Art.41, par.3) the registration thereof shall be effected in accordance with the provisions of an Imperial Ordinance.
Art.45 If it is deemed necessary, the competent Minister or the prefectural governor may demand necessary reports relevant to an agricultural land, or other land or property.
Art.46 A part of the jurisdictive powers of the competent Minister concerning the administration of the land, right, tree, structure or other property purchased or used by the government in accordance with the provisions of any of Arts.3, 15, 30, 33, par.2, 36 and 37 may be exercised by the headman of a City, Town or Village, the Agricultural Land Commission of a City, Town or Village or such other person or organization as specified by order, in accordance with the provision of order.
Art.47 If it is deemed specially necessary for the establishment of owner-farmers, the competent Minister or the prefectural governor may cause the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture to make disposition of matters which come within the limit of the jurisdictive powers of the Agricultural Land Commission of a City, Town or Village under the present Law.
In the cases mentioned in the preceding paragraph, the prefectural governor shall, in respect to matters which come within the jurisdiction of the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture in accordance with the provisions of the same paragraph, make the disposition of matters which come under the present Law, within the limit of the jurisdictive powers of the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture and the complaint to be made to, or petition to be filed with, the Agricultural Land Commission of a City, Town or Village or of Metropolis, Hokkaido, Special Prefecture or Prefecture under this Law shall be made in the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture or prefectural governor respectively.
If it is deemed specially necessary for the establishment of owner-farmer, the competent Minister may cause the prefectural governor the Central Agricultural Land Commission, to make disposition of matters which come, under the present Law within the limit of the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture.
In cases mentioned in the preceding paragraph the competent Minister shall, in respect of matters which come within the jurisdiction of the prefectural governor or the Central Agricultural Land Commission in accordance with the provision of the said paragraph, make disposition of matters, which come, under the present Law, within the limit of the jurisdictive powers of the prefectural governor, and the complaint to be made to the Agricultural Land Commission of the Metropolis, Hokkaido, Special Prefecture or Prefecture shall be made to the prefectural governor the Central Agricultural Commission and the petition to be filed with the prefectural governor shall be filed with the competent Minister.
Art.48 Provisions concerning the Agricultural Land Commission of a City, Town or Village under this Law shall apply to the Divisional Agricultural Land Commission in a city, town or village where such divisional Agricultural Land Commission exists. In this case, "the administrative limit of a city, town or village" in Article 3 par.1, shall read "the administrative extent of the Divisional Agricultural Land Commission" and in item 4 of the same paragraph "administrative limit of a city, town or village adjacent thereto or other area within the administrative extent of a city, town or village adjacent thereto or other area within the administrative extent of the Divisional Agricultural Land Commission, adjacent to the said area."
Art.49 In a city, town or village where the city, town or village association who deals jointly the whole of the work of the towns or villages or the task of the offices, exists, the provisions concerning town or village of the headman thereof under the law shall apply to the said association or the manager thereof and in a locality where the Town and Village Law is not applied, the said provisions shall be applied to those persons corresponding to those referred above. In "ward" (Ku) of Tokyo Metropolis, Kyoto City, Osaka City, and Yokohama City, Nagoya City, and Kobe City, the provisions concerning the city or mayor shall be applied to ward or to the chief of the ward as designated by the prefectural governor.
Art.50 Any person who falls under any of the categories mentioned in the following items shall be Iiable to imprisonment with hard labor not exceeding six months or a fine not exceeding five hundred yen.
1. Any person who refuses, obstructs or evades a survey, inspection, transfer or removal by an official in charge as prescribed in Art.32, par.2 which is applicable with the necessary modifications under Art.32, par.2, (including the cases which shall be applied mutatis mutandis under Art.37, par.2).
2. Any person who contravenes the provisions of Art.42.
3. Any person who, in violation of the provisions of Art.45, fails to make a report or makes a false report.
Art.51 Where a representative of a juridical person, or an agent, an employee of juridical persons or a person or any other person being employed by such juridical persons or a person acts in violation of the provisions of item 2 or item 3 of the preceding Article with respect to the business of the said juridical person or said person, such juridical person or person shall, in addition. to the punishment which shall be inflicted on the person who acts, be liable to a fine as provided for in the same Article.