Section 37 Land Readjustment shall be in conformity with the principle of the town and country planning or town planning, as the case may be. As well, public facilities shall be made available to public use as necessary for community environment and for future town development.

Section 38 The land owners in the Land Readjustment area shall have the right in the land plots after the Land Readjustment Project in the same manner as the right vested in the land plots before the Land Readjustment Project, and shall be granted exemption of all registration fees.

The provisions of the previous paragraph shall apply mutatis mutandis to the owners of real estate in the Land Readjustment area.

Section 39 The implementation of Land Readjustment under this Act is not subject to the law governing land allocation.

Section 40 The implementation of Land Readjustment in the area which is meant for religious affairs under the Land Code shall obtain prior approval of the caretaker of that land for religious affairs and the provisions of Section 36 shall not apply.

The implementation of Land Readjustment in the area belonging to temples, monasteries or common religious property shall be done according to the law governing monk council.

Chapter 5
Proposal of Land Readjustment Project

Section 41 A person who implements Land Readjustment shall, in the first place, propose the Land Readjustment Project to the Provincial Committee and shall not proceed with the implementation until having obtained approval of the Provincial Committee.

The proposal of the Land Readjustment Project shall comply with the criteria, procedure and conditions as provided for by the Committee and shall be publicized in the Government Gazette. The details of the Project shall comprise at least the following:

(1) The name of the Project;
(2) The name of the person implementing the Project;
(3) The address of the Project office;
(4) The procedures and time of implementation;
(5) The Land Readjustment Master Plan in which the area for implementation of Land Readjustment is shown with at least a road system lay-out plan, a public facilities system and details of the land plots of persons who agree and disagree to Land Readjustment;
(6) Obligations in which other persons have interests in the land plots of which applications have been lodged;
(7) The financial plan and operating costs in the Land Readjustment Project implementation;
(8) Other requirements as provided for by the Committee.

In any area of the Land Readjustment Project, if there is land or other real estate to be disposed of, or public land or real estate needed to be acquired for use including the area made available as replacement area, and details of demolition or removal of things that are made for public facilities, all of the aforesaid information shall also be specified as details of the Project.

Section 42 In the interest of Land Readjustment accomplishment according to Section 41 or for the benefits of Land Readjustment implementation, upon receiving an application for a survey from an applicant for implementation of Land Readjustment, the Provincial Committee is empowered to announce and set the area to be surveyed for the Land Readjustment Project implementation by posting an announcement thereof in a conspicuous place at the local administrative office in that district and at the surveyed site at least fifteen days prior to commencement of the survey, and the announcement shall remain posted until the survey is completed. As well, the date of posting of the announcement shall be stated. In this regard, the person proposing the Land Readjustment Project shall be responsible for expenses concerning the announcement.

Within the site where there is the survey announcement under the previous paragraph, a competent official and a person performing such an act together with him shall have powers as follows:

(1) To enter the site to do things necessary for the survey;
(2) To make leveling marks, lining out or boundary lines by marking with stakes or digging line trenches. In the event that it is necessary to make topographic evidence pins in the land of any person, they shall be empowered to make such evidence pins as is necessary;
(3) To dig the soil, to cut roots and boughs and to do such other acts against obstacles to the survey as is necessary.
Notification of the acts under Paragraph Two in a house or dwelling place shall be made at least seven days in advance to the owner or possessor, and it shall be taken into account that the owners or possessors of real estate shall be least affected with damage. However, the damage-stricken person shall not be deprived of the right to obtain compensation.

The applicant for the survey shall defray expenses and compensation for damage caused by the survey. In case of unability to mutually agree on the matter of expenses and compensation for damage, it shall be presented to the Provincial Committee for consideration of that matter according to the regulations as provided for by the Committee.
Section 43 When the implementer proposed the Land Readjustment Project to the Provincial Committee under Section 41, the competent official shall arrange for announcement of that Land Readjustment Project in a conspicuous place at the local administrative office in that district and at a clearly seen place in the site where Land Readjustment shall take place. As well, letters of notification thereof shall be sent to the land owners by registered mail on the date of posting of the announcement. Also, the implementer who proposes the Land Readjustment Project shall defray expenses therefor.

The announcement under the previous paragraph shall contain the following items:
(1) The name of the implementer of the Land Readjustment Project;
(2) The site where the Land Readjustment Project shall take place;
(3) The address of the Office of the Land Readjustment Project;
(4) The operating budget;
(5) The Land Readjustment Master Plan;
(6) Other items as provided for by the Committee.

The land owners in the area of Land Readjustment Project shall notify the competent authority of their consent to the implementation under Section 58 or their objections or their opinions in writing within thirty days from the date of receipt of the letters of notification according to Paragraph One.

In case of necessity to change public property of the Kingdom for common use of the citizens in the Land Readjustment Project, interested persons may propose their opinions in writing to a competent authority within thirty days from the date of posting of the announcement under Paragraph One, according to the regulations and procedures as provided for by the Committee.

In consideration of Land Readjustment Project, the Provincial Committee shall present all objections or proposals and shall invite the land owners, who submit their objections or proposals, or the interested persons, who submit their proposals under Paragraph Four, to demonstrate the facts and opinions in support of the consideration thereof.

Next Page
[1]  [2]  [3]  [4]  [5]  [6]  [7]  [8]  [9]  [10]