(Establishment of Supperficies)
Article 19. The designated afforester may consult with the owner of the afforestation land concerned on the establishment of a superficies aiming at afforestation based on the afforestation program relative to the afforestation land concerned and on the adjustment of right relationship relative thereto.
2 In the case of the preceding paragraph, when they have failed to reach an agreement or to consult with each other, the designated afforester concerned may apply for decision to the Governor of To, Do, Fu or prefecture. However, in cases where ninety days have elapsed from the day when he got the designation as provided for in Article 14 or 17, the same shall not apply.
3 Tne Governor of To, Do, Fu or prefecture shall, when the application as provided for in the preceding paragraph has been made, inform the owner of the afforestation land concerned to that effect and give him a chance to submit a written opinion by designating the period of its submission.
4 The decision shall not exceed the scope of the application.
5 The following matters shall be provided for in the decision:
(1) Land as an objective of the superficies;
(2) Date of establishment of the superficies and its period of continuation;
(3) Ratio of shares of joint-ownership as provided for in the following Article;
(4) Besides those as provided for in the following Article, matters concerning forest trees to be owned jointly by persons concerned and adjustment of right relationship relative to establishment of superficies.
6 The ratio of shares under item (3) of the preceding paragraph shall be decided, taking into consideration the rent of the afforestation land concerned, the public taxes and imposts, and the expenses needed for afforestation.
7 The decision shall be made in writing with the reason therefor.
8 The Governor of To, Do, Fu or prefecture shall, when he made the decision, inform the designated afforester and the owner of the afforestation land concerned to that effect, and give a public notice of it without delay.
9 When the public notice under the preceding paragraph has been given, the parties concerned shall be deemed to have reached an agreement in accordance with the decision.
10 The person who has an objection to the ratio of shares as provided for in the decision, may apply for increase or decrease of ratio by means of a suit within ninety days from the day of public notice as provided for in paragraph 8.
11 In the case of the suit under the preceding paragraph the designated afforester or the owner of the afforestation land concerned shall be the defendant.
(Joint-ownership of Planted Forest Trees)
Article 20. In cases where the superficies has been established in accordance with the provisions of the preceding Article, the forest trees, which the designated afforester planted based on the afforestation program concerned (including forest trees which have grown up naturally after planting and belong to the category of the species provided for in the afforestation program concerned), shall be under the joint-ownership of both the designated afforester and the owner of the afforestation land concerned.
(Lapse of Other Rights relative to the Afforestation Land)
Article 21. The afforester, in case there is another person who may use and take profits from the afforestation land concerned for the purpose of raising up forest trees based on other right than ownership, and if necessary, may consult with the person concerned about the lapse of the right concerned.
2 The afforester, in case there is a person who uses the afforestation land concerned for other purpose than that of raising up forest trees and the use concerned hinders the execution of afforestation based on the afforestation program, may consult with the person concerned about the restriction or the suspension of the use concerned.
3 In cases of the preceding two paragraph, when they have failed to reach an agreement or to consult with each other, the afforester concerned may apply for the decision of the Governor of To, Do, Fu or prefecture.
4 In the decision relative to the agreement of paragraph 1, the matters listed below shall be provided for:
(1) Contents of the right to lapse;
(3) In cases where there is a loss to be compensated caused by the lapse of the right concerned, the amount of the said compensation, the method and the date of its payment.
5 In the decision relative to the agreement of paragraph 2, the matters listed below shall be provided for:
(1) The contents of the restriction or the suspension of the use concerned and its period;
(2) In cases where there is a loss to be compensated coused by the restriction or the suspension of the use concerned, the amount of compensation and the method and the date of its payment.
6 The provisions of Article 19 paragraphs 3 and 4, and paragraphs 7 to 11 inclusive shall apply mutatis mutandis to the decision under the preceding three paragraphs. In this case, "the ratio of shares" in paragraph 10 of the same Article shall read "the amount of compensation" .