Chapter III Consolidation and Exchange Performed by Agricultural Land Commission of City, Town or Village, Land Improvement District or Agricultural Co-operative Association
(Procedure to Determine Plan for Consolidation and Exchange by Agricultural Land Commission of City, Town or Village)
Article 97. In cases were two or more persons engaging in the business of cultivation based on a title, have, as provided for by Ministerial Ordinance, fixed certain areas of agricultural lands embracing such agricultural lands that they are using for the purpose of cultivation, and requested that the project mentioned in Art.2 par.2 item (6)(hereinafter referred to as "consolidation and exchange" ) with respect to said certain areas of agricultural lands is to be performed, with consent obtained from not less than one half of the persons with ownership, superficies, permanent tenancy, pledge, lease or loan-for-use relative to said agricultural land, and where said areas are situated within the limits of one city, town or village, the Agricultural Land Commission thereof, and on the other hand, where said areas extend over the limits of two or more of cities, towns and villages, the Agricultural Land Commissions thereof concerned, upon deliberation reached among them, shall, if said request is deemed proper and reasonable, respectively fix a plan for consolidation and exchange so as to perform such action with respect to said agricultural lands.
2 Even though no request prescribed in the preceding paragraph is presented, in case agricultural lands subject to consolidation and exchange are located within the limits of one city, town or village, the Agricultural Land Commission thereof, while in case such agricultural lands extend over the limits of two or more of cities, towns and villages, the Agricultural Land Commissions thereof concerned, upon deliberation reached among them, may, if deemed particularly necessary, respectively fix a plan for consolidation and exchange with respect to said agricultural lands, after said Commission or Commissions concerned have given public notice, in accordance with the provisions of Ministerial Ordinance, of the agricultural lands subject to consolidation and exchange and of the outline of the plan thereof, and also have obtained consent from not less than one half of the persons owning such rights as mentioned in the preceding paragraph with respect to said agricultural lands.
3 In order that the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned may fix a plan for consolidation and exchange in accordance with the provisions of the preceding two paragraphs, it or they must obtain consent from two-thirds or more of the persons owning such rights as mentioned in par.1 in respect to agricultural lands subject to consolidation and exchange in accordance with the plan therefor.
4 In the case of the preceding paragraph, if the whole or a part of said agricultural lands is included within the boundaries of a land improvement district, the opinion of said district must be asked for as well.
5 In case the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned have not fixed a plan for consolidation and exchange requested within six months after the request prescribed in par.1 was received, the persons who so requested may, within sixty days after the expiration of the period, request the Agricultural Land Commission of To, Do, Fu or prefecture to make suggestion that the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned are to fix a plan for said consolidation and exchange.
6 On receiving the request prescribed in the preceding paragraph, the Agricultural Land Commission of To, Do, Fu or prefecture must make suggestion under the provision of the same paragraph within thirty days from the day when it received the request, except when it deems it improper to fix a plan for consolidation and exchange respecting the whole or a part of the agricultural lands, wherefor said request has been made.
Article 98. Having fixed a plan for consolidation and exchange in accordance with the provision of the preceding paragraph, the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned must give public notice thereof without delay and show a copy of the written plan for consolidation and exchange to public inspection for sixty days.
2 The Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned must, when it or they have given public notice under the provision of the preceding paragraph, notify it to the persons (excluding persons resident within the limits of the city, town or village where said agricultural lands are situated) holding ownership, superficies, permanent tenancy, easement, preferential right, pledge, hypothec, lease or loanfor-use relating to agricultural lands subject to consolidation and exchange in accordance with the plan therefor.
3 Any person holding any right mentioned in the preceding paragraph may, if he is not satisfied with said plan for consolidation and exchange, file an objection with the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned;provided, however, that this shall not apply after the period of public inspection prescribed in par.1 has expired.
4 The Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned must, when it or they have received the objection prescribed in the preceding paragraph, decide it within sixty days after the expiration of the period of public inspection prescribed in par.1.
5 If any person is not satisfied with the decision prescribed in the preceding paragraph, he may appeal to the Agricultural Land Commission of To, Do, Fu or prefecture;provided, however, that this shall not apply when ten days have elapsed after the decision is made.
6 Having accepted the appeal prescribed in the preceding paragraph, the Agricultural Land Commission of To, Do, Fu or prefecture must make determination within sixty days after the expiration of the period prescribed in the proviso to the same paragraph.
7 When no objection mentioned in par.3 is filed, or when all the objections, if filed, are determined under the provision of par.4 and no appeal mentioned in par.5 is filed, or when all the appeals, if filed, are determined under the provision of the preceding paragraph, the Agricultural Land Commission of City, Town or Village or the Agricultural Land Commissions of Cities, Towns and Villages concerned must, without delay, obtain the approval for said plan for consolidation and exchange from the governor of To, Do, Fu or prefecture.
8 Having issued the approval mentioned in the preceding paragraph, the Agricultural Land Commission of To, Do, Fu or prefecture must give public notice thereof without delay.
9 In the case of par.1, par.2 or par.4, with regard to public notice, public inspection or notification, the Agricultural Land Commissons of Cities, Towns and Villages concerned must all do it;and with regard to decisions upon objections, all of them must do it upon deliberation reached among them.
(Procedure to Determine Plan for Consolidation and Exchange by Land Improvement District)
Article 99. In case any land improvement district intends to perform consolidation and exchange, it must fix a plan therefor and file the same for approval with the governor of To, Do, Fu or prefecture.
2 The provisions of Art.52 pars.3 to 5 inclusive shall apply mutatis mutandis to cases where the plan for consolidation and exchange prescribed in the preceding paragraph is fixed.
3 The petition for approval mentioned in par.1 must be accompanied with a written consent of the Agricultural Land Commissions of Cities, Towns and Villages concerned. In case, however, any written consent cannot be obtained within sixty days from the time of request for the same, it is necessary to attach a notification stating such reason.
4 In such case as mentioned in the proviso to the preceding paragraph, the governor of To, Do, Fu or prefecture must, when intending to issue the approval mentioned in par.1, request the opinion of the Agricultural Land Commissions of Cities, Towns and Villages concerned.
5 The governor of To, Do, Fu or prefecture must, if he deems proper the petition for approval mentioned in par.1, give public notice of the same without delay and show a copy of the written plan for consolidation and exchange to public inspection for sixty days.
6 When the public notice under the provision of the preceding paragraph has been given, the notification thereof must be served on persons (excluding persons resident within the limits of the cicy, town or village where the agricultural lands are situated) holding rights mentioned in par.2 of the preceding Article, relating to lands subject to consolidation and exchange in accordance with the plan therefor.
7 When any person who holds right mentioned in the preceding paragraph is not satisfied with said plan for consolidation and exchange, he may file an objection with the governor of To, Do, Fu or prefecture;provided, however, that this shall not apply when the period of public inspection prescribed in par.5 has expired.
8 On receiving objections prescribed in the preceding paragraph, the governor of To, Do, Fu or prefecture must determine the same within sixty days after the period of public inspection prescribed in par.5 has expired.
9 When making determination prescribed in the preceding paragraph, the governor of To, Do, Fu or prefecture must ask for the opinion of the Agricultural Land Commission of To, Do, Fu or Prefecture.
10 The governor of To, Do, Fu or prefecture shall give any approval prescribed in par.1, except when no objection mentioned in par.7 is filed, or unless and until all the objections, if filed, have been determined under the provision of par.8.
11 Having issued the approval mentioned in par.1, the governor of To, Do, Fu or prefecture must give public notice thereof without delay.
(Procedure to Fix Plan for Consolidation and Exchange by Agricultural Co-operative Association)
Article 100. In order to perform consolidation and exchange, any agricultural co-operative association must, fixing a plan for consolidation and exchange through a resolution at a general meeting of the membership, file said plan for approval with the governor of To, Do, Fu or prefecture, with the consent of the person holding such rights as mentioned in Art.97 par.1 relative to agricultural lands subject to consolidation and exchange in conformity with said plan therefor.
2 The provisions of pars.3 to 11 inclusive of the preceding Article shall apply mutatis mutandis to the case of the preceding paragraph.
(How to Fix a Plan for Consolidation and Exchange)
Article 101. A plan for consolidation and exchange must be fixed so as to assist in the reasonable farm-management of cultivators.
2 No plan for consolidation and exchange can he fixed with respect to agricultural lands, subject to administrative measures, which are provided for by Ministerial Ordinance, and agricultural lands whereon superficies, permanent tenancy or lease has been created and of which the right forms the object of attachment, provisional attachment or provisional disposition.
Article 102. With regard to consolidation and exchange of ownerships in agricultural lands, agricultural lands which are to be acquired and lost by the owners according to said consolidation and exchange and also the time of transfer of ownerships must be fixed in the plan for consolidation and exchange.
2 In the case of the preceding paragraph, all the agricultural lands which are to be acquired and lost by the owners must be equivalent to each other by taking all elements such as classification of land, area, soil type, water conditions, slope, temperature, etc. into consideration in accordance with the provisions of Ministerial Ordinance. However, this shall not apply when the consent of the parties has been obtained.
3 In the case of par.1, all the agricultural lands which the owners are to acquire must not be more or less by over twenty per cent in area and value than all the agricultural lands which they are to lose;provided, however, that this shall not apply when. the consent has been given by said owner.
4 In the case of par.2, any portion which cannot be counter-balanced respecting classification of land, area, soil type, water conditions, slope, temperature, etc. between agricultural lands which are to be acquired by the owners and those which are to be lost by them must, if exists, he liquidated in money;and the sum, method and time of payment must be fixed.
Article 103. In the case of par.1 of the preceding Article, when preferential right, pledge or hypothec is made on agricultural land which the owner is to lose, there must be fixed the agricultural land whereon preferential right, pledge or hypothec substitutive for the foregoing right, is to be created, as well as the time of creation and the continuance period of said right, and other terms.
2 In the case of the preceding paragraph, agricultural land whereon said right is to be created must be that which is owned or to be acquired by the owner, and its value must be not less than that of agricultural land which actually forms an object of the existing right corresponding to said right to be created.
3 In the case of par.1, when said owner is to acquire the liquidation money prescribed in par.4 of the preceding Article, the agricultural land whereon said right is to be created may, irrespective of the provision of the preceding paragraph, be one whose value is, within the limits of the sum of such liquidation money, less than that of agricultural land which actually forms an object of the existing right corresponding to said right to be created. In this case there must be fixed such amount of liquidation money subject to the effect of the existing right that is a portion equivalent to the difference between those values.
4 In the case of par.1, the continuance period of a right to be created shall be the remaining period of the existing right corresponding to said right, and other terms must depend on the terms of the existing right.
Article 104. In the case mentioned in Art.102 par.1, when superficies, permanent tenancy, lease or loan-for-use exists upon that agricultural land which the owner is to lose, there must be fixed the agricultural land whereon superficies, permanent tenancy, lease or loan-for-use substitutive for the foregoing right is to be created, the time of its creation and its continuance period, the consideration and other terms.
2 To the case of the preceding paragraph shall apply mutatis mutandis the provisions of Art.102 pars.2 to 4 inclusive and of the preceding Article.
Article 105. In the case mentioned in Art.102 par.1, if the creation of easement is deemed needful according to said consolidation acid exchange, the land whereon said easement is to be created, the easement holder, as well as the time of creation, the object of said easement and other terms must be fixed, and if it is deemed to become needless for a person actually holding easement to enjoy the benefit of exercising the same right, the same right and the time of its extinction must be fixed.
(Effect of Consolidation and Exchange)
Article 106. When public notice has been given under the provision of Art.98 par.8 or Art.99 par.11 (including cases whereto this applies mutatis mutandis under Art.100 par.2;hereinafter the same), according to what is fixed in the plan for consolidation and exchange whereof said public notice has been given, the ownership shall be transferred, and preferential right pledge, hypothec, superficies, permanent tenancy, lease or loan-for-use be created, or the easement be created or extinguished.
2 In case preferential right, pledge, hypothec, superficies, permanent tenancy, lease or loan-for-use has been created under the provision of the preceding paragraph, the original right corresponding to such right shall become extinct at the time of creation of the last-mentioned right. However, in case the amount subject to the effect of preferential right, pledge or hypothec has been fixed under the provision of Art.103 par.3 (including cases whereto this applies mutatis mutandis under Art.104 par.2), any of those rights shall remain effective with respect to the sum liquidated for this amount.
(Consolidation and Exchange of Rights Other than Ownership)
Article 107. As to consolidation and exchange with respect to superficies, permanent tenancy, lease or loan-for-use of agricultural land the provisions of Art.102 to the preceding Article inclusive shall apply mutatis mutandis.
(Liquidation Money)
Article 108. When public notice has been given under the provision of Art.98 par.8 or Art.99 par.11, Agricultural Land Commission of City, Town or Village, the land improvement district or the agricultural co-operative association must pay liquidation money as fixed in the plan for consolidation and exchange, whereof said public notice has been given.
2 In the case of the preceding paragraph, the person or body mentioned in the same paragraph may collect liquidation money as fixed in said plan for consolidation and exchange.
3 The Agricultural Land Commission of City, Town or Village may, in accordance with the provisions of Cabinet Order, entrust the payment and collection of liquidation money prescribed in the preceding two paragraphs to city, town or village or the agricultural cooperative association.
(Prohibition of Alteration of Form and Nature of Agricultural Land, etc.)
Article 109. After the public notice prescribed in Art.98 par.8, Art 99 par.11 has been given, any person holding ownership or other right with respect to the agricultural land fixed in the plan for consolidation and exchange, whereof said public notice has been given, must not, except when there is no fear to obstruct the performance of such consolidation and exchange, alter the form and nature of said agricultural land unless permission is obtained from the governor of To, Do, Fu or prefecture.
(Special Provisions concerning Pre-Emption in the Law concerning the Special Measure for the Establishment of Owner Farmer)
Article 110. The provision of Art 28 par.1 of the Law concerning the Special Measure for the Establishment of Owner Farmer (including cases whereto this applies mutatis mutandis under par.5 of the same Article and Art.41 par.4) shall not apply to cases where any ownership in an agricultural land is transferred according to what is fixed in the plan for consolidation and exchange.
2 Any person who has acquired the ownership of an agricultural land which has been sold under the provision of Art.16 or Art.41 of the Law concerning the Special Measure for the Establishment of Owner Farmer, according to what is fixed in the plan for consolidation and exchangge, shall be deemed not to be an "assignee of the ownership in an agricultural land" prescribed in Art.28 par.1 of the same Law (including cases whereto this applies mutatis mutandis under Art.41 par.4 of the same Law).
3 In case a person who transfers his ownership of an agricultural land according to what is fixed in the plan for consolidation and exchange, is one to whom said agricultural land has been sold in accordance with the provision of Art.16 or Art.41 of the Law concerning the Special Measure for the Establishment of Owner Farmer, or his assigree of the ownership of said agricultural land, as for another agricultural land which is to be acquired by said person according to what is fixed in said plan for consolidation and exchange, and which is designated by the Agricultural Land Commission of City, Town or Village as one corresponding to said agricultural land which has been sold in accordance with the provision of Art.16 or Art.41 of the same Law, such sales as prescribed in Art.28 par.3 of the same Law (including cases whereto this applies mutatis mutandis under par.5 of the same Article and Art.41 par.4) shall be deemed to have been effected at the time of said acquisition.
(Consolidation and Exchange concerning Right to Any Land Other than Agricultural Land, etc.)
Article 111. The provisions of Art.97 to the preceding Article inclusive shall apply mutatis mutandis to the consolidation and exchange of rights to and in land, rights to and in agricultural facilities and rights to the use of waters, required for utilization of agricultural lands, which is made co-operating with the consolidation of said agricultural lands.