THE LAND ACQUISITION BILL.

Wairarapa Daily Times, Volume IX, Issue 2562, 1 April 1887, Page 2

THE LAND ACQUISITION BILL.

The following - are J. tbe: of Ibe Bill to be introduced by tbe Government fot'the oftefc in New Zealand: -I'fhe Bfll'.ii to he called tlie 'jLand Atquiaition and its provisions are to - febe folldwing

gather for the purpose of promoting th settlement and occupation of land ii small farms, having framiedjpecial rule for the conduct of their 'affairs are ti be deemed to bo formed into an Assoc iation under the Act from the da] when the Governor haa notified liii approval of the rules, Any. such as sociation may then contract- with thi land in any par of the colony for so much of such lane as'ii sufficient for the purposes of the association'at any. price not exceeding the valuation fo'sde under the Property Asse33ruent.Acb .1885, with no mor< than £lO per cent added, as well as th< value] of all improvements (if any effected- op such land since the rulua tion was made. ■ If the associatioi haveagreed with the owner of the law as to'the price to be paid for it, thej may petition the Governor-in-Counci for permission to acquire the land foi subdivision into small farm allotment! setting forth, in the petition the area quality, and prico agreed to bo paid and depositing, as an earnest of gooi faith, an amount equal to one forth o the totalprioo so agreed to bo .paid Every petition of tho kind is.to be re mittod by the Governor to' two' Com missioners for investigation and report one Commissioner boing' ,tho Commis sioner of Crown Lauds for the districi in which the land is situated, and th Suvpyor-General or any peraon whom hi may appointtoact in his place, tbeother All such investigations aro 1 to be opei to the pu'oiicj - and tho commissioner are to report, their decision to th Govenior-iu-Couuci|. Objections t< tho acquisition of tho land, may b lodged-with and considered by' th Commissioners, who aro empowered t* take any ovidenco they think fit, eithe in support'or defeat of such objections The Govornor-in-Council may bu slmllnotbe compelled to do so-givi effect to any petition upon receiving tho report of the Commissioners, am if the Governor agrees to acquire th land, the Commissioners aro to rcqtiiri the owner to execute a deed of convey ance or transfer,thereof to Her Majesty If the Association cannot agree witl tho owner'of any land for its purchase or if they cannot agree as to price, 01 if the owner declines, or has no powei to sell, they may, nevertheless, if the' find it desirable to acquiro the land petition the Governor in Council ti that effect, stating .the price "offered and tho fact that it has boon refused Upon this, the Governor may direc the Property. Tax Commissioner ti appoint a competent assessor, to make at tho oxponse ol tho Association, i separate valuation of tho lam which it is proposed to acquire Whcn : the Governor receives the valu ation, ho is to inform tho Associatioi of the amount thorcof, and requit! them to lpdgo with tho Commissiouei one-fourth that amount with ten pe cent, added, and as soon as this is com plied with, the Governor is to transmi tho valuation and petition for investi gatio.il' and report by the Commissioners who are also to state whether in theii opinion it is desirable the land Bhouh be'compulsorily acquiredi'f-Upon re ceiving the report, it is : . discretional; with tho Governor whother he give, effect to the petition l , or not. ! If thi Governor decides to acquire the lane co tapulsorily,' he w ill be. entitled to di so upon sending written notice to thi owner of the land to that effect, am and statiug that he has referred thi question of disputed price for thi decision of the Xand Court to bi established'for sikh purposes; am thereafter all matters appertaining ti the acquisition of that land are to bi carried out by the Court until its decision is given. The following land aro not to'be liablo to be taken undo: the Act:—(l) land of any area los than 1000 acres in any part of thi colony, unless snch land is lying waste unfenced, and unimproved, (2) lam on which the owners family dwollinj house stands, together with notmor than IQOO acres around or adjacon thereto j and (3) land which may no be takon uuder tho Public Works Act 1882, Power is given to the Governor ti appoint a judge and officers of th Court, whose salaries are to be fixei by the General Assembly, and thi Governor-in'Council has also authority to make, alter or revoke rules touchinj the practice and procedure of tho Cour &c. Tho Court may award to thi Association the whole or only part o tho land described in the petition; oi with the consent of the association ant owner, part of the land applied for and part of other land belonging to thi same owner, The Governor may paj the price of any land acquired, in cash out of any moneys appropriated by thi General Assembly for the purpose, oi partly out of monoys so appropriated and partly out of moneys standing t< the credit of the ."land Aquisitiot Account," to he established under th< Act. lor the purpose of providing th( money, to acquire land, the Coloaia Treasurer may in each financial yea: borrow any such money from thi Public Account, or from any fund ii Buch account under his control, He is also authorised to issua legal bonds fo any sum not exceeding the total sun agreed; or awarded to be paid for ah) land obtained, under the authority, o tho Act, Each bond is .to be for a sua of riot lees than £2O, payable to.bearei and carrying interest# not exceeding 5 por cent. v All bonds are to bo made payable,at'any place within tho colony or Australia named thereiu, and are to b$ ; a charge upon "the. Consolidated Fund; The Colonial Treasurer may, witboutjfurther appropriation, pay out oftbe ptiblic account such moneys aa amy become, payable in cwh under any contract' under th'o Act, whether 'for purchase ol land, compensation for its acquisition, or for Lubdivißion. thereof. The ambjlnfc. to be paid, in any Mi jm under the Act is limited: : to XSOjOOO, which.may,be paid otit of any, monies available for the purpose, either by thi ippropriation of. Parliament orothorwise/ ' Alt land acquired under the ict is to be Crown Lands ihd is to become absolutely ve§tes in fee siqiple^ift; the•. discharge! ! rotn. all mortgages, claims, or interest )f any kincf. The land is to be subsided into convenient farm aroas not. exceeding lQO.acresj'each) as-'ihay ie most in accordance .with the wishes if the association/'"The expense of the urveyt.andvthe estimated expense of narking off and making roads is to-be dded to the pride and -compensation

paid for the land, and the total is to bo) • deemed the price of tho land;>i;The Commissioner is to apportion amongst' tho various allotments and' reserved' into which any; block' of land ie aubdivided (1) the cost of such lnrtd in . suoh manner thai the cost of tho several reserves 'and''Mlqtm'erits .taksjfc • : altogethei- sbaU be as neWrly l as.ppasiWe •• • equivalent, to the: :to talcost/p|>ljio ■. block, and (2) the wtole deposit paid by the p.ect ot .the sevefal.. allo.tWSßt?. (exclu* give" of reserves);so together' they shall' lie equivalent .to. the amount of .deposit paid in-KS'- - pect to the whole'-block.' 'The'cwt apportioned to eachz-fiitetinent, will then be the cash price of such, allot- > ment, and the- caah price of - an MBit allotment bein£( apportioned among the W acres therein, the value so apportioned * to each aore will be the cost price of such acre. All land under the act is to be alienated, in the first place only to ■ members of the Association (1) subject ... in all respocts to the provisions of Part of the Land Act, 1885, relating to tho occupation of land held uuder perpetual ; -" lease; (2) subject to tli6provision that . ... no lessee' of any land under this Act is to bo entitled to acqmro-tbe fee simple of the land compn6cdjU'ltis'lease, and (3) subject to an npit yearly rental : ... equivalent ta S per cent oa- tbs asoer- """ taiued eash price of the.land. The aWtin.ents in each-block' .are to be k apportioned anibngst members of an " ■association either by. ballot or.'in any ••• other way fixed by the assertion's mlos, and each momber will be entitled , to any number of acres, not exceeding- Vi > : ■" 100. No person oil any oT'" over is to be. the holder of mijr|)than,'s., one allotment of land acquirelundeA" •• this Act, but he may transfer hia leas®' to any person, : although not a member^' of an association, subject to the ap- : provftl of the Land Board. No porßon under tho ngo of 17 yenre can ; ; occupy land under tho .Act, nor any peruon until he has deposited ' with the . Commissioner a de cl a rati on/to "tho effect —(1) that he is of that;ageor upwarda; (2) that he desires theiiand solely for hia own use and benefit; and (3) that be is not the ownerj tenant; or Occupier, directly or indirectly, of ?ny land under the Act. .Any person guilty of, : a breach.of or making a false declaration, will forfeit all right to the land acoupation, and all money paid.in; respect thereof. When;,, any occupiot of land has, after entering into occupation of allotment audpr this . Act, made [substantial improyenftnts of. .• a permanent character of the vilue of the whole amount of. the//-depoeit paid jn respect of hi§>?.allotment ' be wijl ba entitled to a] vflfund of hia deposit money the rent, toTw, paid ibfc.*;:# : tlift land is to bo 5 jMJi' jsettt on the £n> cEbli price, instead of tho amount®^ 1 ' rent previously p.aidftfr the land. The Colonial Troasurejps to preeent to tho Assembly each-year-a statement of the accounts transact ion's., ckrricd on under tho Act, and. t.he.vMiuiater of. Lands in the name mannerpresent* . ' to both Houses an '•annuSlirepoi't on the condition and settlement;., of all lands acquired under, t^.Act, ■ >