ACQUIRING THE FREEHOLD.

Clutha Leader, Volume XXXVI, Issue 48, 26 November 1909, Page 3

ACQUIRING THE FREEHOLD.

A COMPREHENSIVE MEASURE. The Land Laws Amendment Bill was introduced to the House or JXeprcsontatives by Governor's Message on Tuesday. Part 1. deals with the acquisition of the freehold. It is provided that the lessee of land held on the lease in perpetuity or renewable lease, whether settlement land or ordinary Crown land, may at any time during the currency of the lease acquire the lee simple by purchase subject to certain conditions and restrictions. The aplicant for the purchase of the lee simple must satisfy the Board that the conditions of his lease have been complied with, that rates and taxes have been paid up to date, ami li the iirst cash purchase is not made at due date the application will be deemed void.

"The purchase price," cays clause ~, "shall be the original value of the land, meaning thereby the value en which the rent reserved by the leas* was computed." Provision is also made in this respect for the value of improvements taken over by the lessee and for valuation for minerals. The purchase money is to be paid wholly in cash, or a quarter in cash and the balance with interest at 4 per cent, by half-yearly instalments on a graduated scale K>t out on the schedule.

Unpaid instalments arc to be a first charge on the land. The purchaser is to be entitled to,a certificate of title on payment of the required amount, but the certificate will show on its tVec that it is..issued subject to the restrictions under the Act. On the completion ol purchase the lease will determine and the land purchase will then be subject to existing conditions of the usual character.

In order that the Crown may receive a reasonable proportion of the increase in the unimproved value of the land purchased it is provided that the unimproved value shall be periodically determined by the Board. When the second or any subsequent valuation shows an increase over the preceding valuation the proportion is to be payable to the Crown. The periodical intervals are set down as five recurring intervals of 33 years each in the case of lease in perpetuity land and at perpetually recurring intervals of 33 years each in the case of renewable lease land.

The purchase money with 4 ner cent, interest added is to' be payable halfyearly at a rate fixed by schedule, and until paid will constitute a charge on the land in favor of the Crown.

Holders of leases in perpetuity of Crown lands or settlement lands may purchase their holdings for cash within two years of the coming into operation of this Act at the original value plus one-half- of the increase of the unimproved value since the land "was acquired. Settlement land subject to renewabb lease may also be disposed of by way of fee simpl, and where such land is opened up for public selection by way of renewable lease it must also be disposed of for sale by the fee simple. In the latter case the purchase price will be the capital value of the land, including buildings and improvements, as fixed by the Minister of Lands. The purchase may be for cash or on the instalment system. Special provisions are inado with regard to land in a mining district. In case of dispute valuations of land are to be referred to arbitration.

Limitation of area is provided for as follows: No one can acquire under parts 3 and 4 of the- Land Act more than 400 acres of first-class land, 1000 acres of second class or 2500 acres of third claw land. The total limitation of area is reduced from 5000 acres to 2500 acres, and it is provided that a person acquiring more land than thr law allows shall he guilty of a crime punishable on indictment by a fine not exceeding in tho case of a corporate body £IOOO and in any other case £SOO, or imprisonment for any term not exceeding two years. Another portion of the Act deals with the acquisition of native land. Tho Minister of Lands is empowered to purchase from time to time areas of nativo, land in the North Island not exceeding in all two million acres.Section 208 of the Land Act is repealed and any pastoral land may bo classified by the boards as small grazing ! runs. These, are not to exceed 15,000 I acres, and the runs will be open to leaso at annual rentals to be fixed by the heard. The right of renewal shall be for one term only. Compensation will bo granted for improvements, and if the outgoing lessee is not satisfied the matter will be settled by arbitration. A uniform system of arbitration under tho Land Act is provided. In order that the referring of matters to such arbitration may be doomed to be a submission within the meaning of the Arbitration Act of 1908 that Act shall apply subject to certain provisions. For instance, reference shall be to two arbitrators, one to be appointed by each party, and an umpire to bo appointed bv the arbitrators. If the arbitrators agree their decision shall be final; if by reason of default a sole arbitrator acts bis decision shall be final. If no decision is arrived at by tho arbitrators the decision of the umpire shall bo final. No selector shall hereafter bo a person under the age of 21 years. I Section 109 of the Land Act (disqualifying for subsequent land ballots a successful applicant who has disposed of his allotment) is amended by repealing all reference to the Land for Settlement Act of 1908. ■

In no case shall any rebate of rent be grafted to a Crown tenant or lessee who has not at least four children under the age of 16 years.