THE LAND ACQUISITION BILL.

Lyttelton Times, Volume LXVII, Issue 8148, 20 April 1887, Page 2

THE LAND ACQUISITION BILL.

. WELLINGTON, Makch 30. One of the greatest measures of the coming session will be. the Bill promised by Mr Ballance for the expropriation of large private estate for land settlement purposes. As soon as it was known that a Bill of the kind was to be brought do vn, various correspondents drew upon their imagination, and made wild shots as to the nature of the measure. The New Zealand Times came out with a leader, which purported to give a “ full, true, and particular account" of the Bill (which, by-the- way, was not then drafted), and similar versions were telegraphed south. I pointed out at the time that these accounts were altogether erroneous, and gave, in a few words, the leading principles of the proposed measure. Since then various papers have based criticisms upon the false information disseminated, and some of them, finding their error, now make a clamour for the publication of details of the measure, asserting that the Colony is being seriously injured by the absence of any explanation of the provisions of the Bill. Well, I am in a position to give that explanation, and to allay the anxiety of these journals, and after you have published the very full summary which I append, they are at liberty to use it. The provisions of the Bill (which is to be called the Land Acquisition Bill) are to the following’ effect: —• Twenty or more persons associated together for the purpose of promoting settlement and the occupation of land in small farms, having framed special rules ’ for the conduct of their affairs, will be deemed to be formed into an Association under the Act from the day when the Governor has notified his approval of the rules. Any such Association may then contract with the owner of any private land in any part of the Colony for so much of such land as shall be sufficient for the purposes of the Association, at any price not exceeding the valuation made under " The Property Assessment Act, 1885,’' with not more than 10 per cent added, as well as the value of all improvements (if any) effected on such land since the valuation was made. If the Association have agreed with the owners of the land as to price, they may petition the Governor to enable them to acquire, setting forth in the petition the area, locality and quality of the land, and the price they are willing to pay (not exceeding, however, the amount mentioned above), and depositing an amount equal to one-fourth the price agreed upon. Every petition of the kind is to be remitted to two Commissioners for investigation and report, one Commissioner to be the Commissioner of Crown Lands for the district in which the land is situated, and the Surveyor-General, or any person whom he may appoint to act in his place, is to be the other. For the purposes of this Act the powers of “ The Commissioners Powers Act, 18G7,” are conferred upon the Commissioners, whose duty it will be, on receipt of a petition, to fix a time for enquiring whether the land proposed to be acquired is suitable for the purposes of small farms settlement, and whether the Association will be probably able to carry into effect the permanent settlement of the land. All such investigations are to be open to the public, and the Commissioners are to report their decision to the Governor. Objections to the acquisition of the land may be lodged with, and considered by, the Commissioners. The Governor-in-Council may (but shall not be compelled to do so) give effect to any petition on receiving the report of the Commissioners, but if the Governor agrees to the acquiring of the land, the Commissioners shall require the owners to execute a deed of conveyance or transfer of the said land to Her Majesty. If the Association cannot agree with the owner of any land for its purchase, or cannot agree as to price, or if the owner refuses or has no power to sell, the Association may still, if they think it desirable to acquire the land, petition the Governor-in-Conucil to that end, setting forth in the petition the price they are willing to pay, and that having offered such price it has been refused. The Governor may then direct the Property Tax Commissioner to appoint a competent assessor to make, at the expense of the Association, a separate valuation of the land they propose to acquire, of the value of the permanent improvements (if any) at the time of the application. The assessor is to take the valuation of the land last made under “ The Property Assessment Act 1885,” as the basis for calculating the separate valuation. The Governor, having received the valuation, is to notify to the Association the amount thereof, and to require them to deposit with the Commissioner one-fourth at least of the amount, plus 10 per cent, as a guarantee of good faith. As soon as the Governor receives a notification of the payment of the deposit, he is to transmit the valuation, together with the petition, for investigation and report by the Commissioners, who are at the same time also to report whether, in their opinion, it is desirable to acquire the land compulsorily. Upon receiving such report, the Governor-in-Council may or may not give effect to the petition of the Association. If it is decided to acquire the land compulsorily, the Governor will be entitled to do so, upon written notice being

—— mma awni i ancaaß——l—- [ given to the owner, that he wall take the land 1 tor the purposes of the Act, and that he, has . referred the disputed question of price' for decision by the Laud Court to be 1 established for such purposes. Thereafter ajl matters in relation to the Acquisition of the land are to be* carried-qut by the Coop until it makes its decisl|m. .The following lands are not liable to be taken without the owner’s express consent in writing . (1) Land of any area^less* than<lQPo‘; acres, the property of any person who is " not the owner of more than 1000 acres in any part of the Colony* unless such land is lying waste, unfenced ab'd unimproved. (2) Land on which the owner’s family dwelling-house stands, together with not more than 1000 acres, around or adjacent thereto. (3) Land which may not be taken under “ The Public Works Act, 3882.” The Land Court is to be a Court of record to be open to the public, and to have all the powers incident to Courts of record. It is to have jurisdiction in any part of the Colony with power to investigate and determine on all matters in dispute relating to the acquisition of private lands, which may be referred to it hy the Governor. Power is given to the Governor to appoint a Judge and officers of the Court, whose salaries are to be fixed by the General Assembly. The usual powers are given to the Governor-in-Council to make, alter, or revoke rules touching the procedure. The Court, in any proceedings before it, may receive such evidence as it thinks fit, whether it is strictly legal evidence or not, and where any question of law arises the Judge is given discretionary power to state a case for the decision of the Supreme Court thereon. The Court may award to the Association the whole or only part of the land described in the petition. The Court is to determine the value of the land petitioned for in the manner already described, and if he then thinks the owner will suffer any damage by the taking of such land, which is not sufficiently paid for by the price to be paid for it, it may direct a further sum to be added to the price to be paid as compensation to the owner in respect of such damage. The Court may award s gross sum as the compensation to be paid _ to the owner, or it may determine that no compensation is payable. No decision of the Court is to be void through any error or omission in -the matter of form, and the decision of the Court is to be final as regards the acquisition of the land and the amount to be paid for it, but it will not be deemed to he final as regards the right or title of the defendant or any other person to receive such amount or any pari thereof. The Governor may pay the price in cash out of any moneys appropriated oy the General Assembly for the purpose, or partly out of moneys so appropriated and partly out of moneys standing to the credit of the Land Acquisition Account, established under this Act. The Colonial I’reasurer may, in each financial year, for the purpose of providing the money to acquire lands under this Act, borrow any such money from the public account or from any fund in such account under his control. He is also authorised to issue land bonds for any sum not exceeding the totals agreed or awarded to be paid for any land obtained under the authority of the Act, and may deliver such bond for security for such money borrowed, or may dispose of tbe bonds to any person who may desire to purchase them. Each bond is to he for a sum of not less than £2O, payable to bearer at any time the Governor-in-Council may prescribe, always subject to redemption by the Colonial Treasurer at twelvemonths’ notice from any date at which interest is payable. The rate of interest is not to exceed five per cent, payable in the Colony or Australia (including Tasmania), as may be named in the bond. Bonds and interest thereon are to be a charge upon the Consolidated Fund. Such bonds as may be bearing ,more than four per cent interest will be limited in currency to seven years, but they may be paid off and be re-issued. Those bonds which are issued at not exceeding four per cent are to be current for such time as the Governor-in-Council may appoint, and may be issued with or without taking the power of redemption earlier than the time appointed upon, the Treasurer giving twelve months’ notice to that effect. The Colonial Treasurer may, without further appropriation, pay out of the public account such moneys as may become payable, in ease under any contract under the Act, whether for the purchase of land, compensation for its acquisition or survey, or sub - division thereof. Any sum not exceeding £50,000 may be paid in any one year for the purpose of the Act out of any moneys available for such purposes, either by appropriation of the General Assembly or otherwise. All land acquired under the Act is to be deemed to be Crown lands, and to be absolutely invested in fee simple in Her Majesty, discharged from all mortgage claims or interest of any kind. The Governor may set aside for public purposes 10 per cent of the area of any block acquired under the Act. All land acquired is to be .surveyed, and roads and reserves are to be laid off. It is to be subdivided into convenient farm areas (not exceeding 100 acres each) as may be most in accordance with the wishes of the Association. The expense of survey, and estimated expense of marking off and making roads, is to be added to the price, and compensation paid for the land, and the total is to be deemed the cost of the land. The Commissioners are to apportion, amongst the various allotments and reserves into which any block of land is subdivided, (1) the cost of such land in such a manner that the cost of the several reserves and allotments taken together shall be as nearly as possible equivalent to the total cost of tbe block; and (2) the whole amount of deposit paid by the Association in respect of the several allotments (exclusive of reserves), so that, ’aten together, they shall be equivalent to the total amount of deposit jpaid in respect of the whole block. The coat apportioned to each allotment will then be the cash price of such allotment, and the cash price of allotment being apportioned among the acres therein, the value so apportioned to each acre will be cash price of each acre. The deposit apportioned to each allotment is to bs deemed tbe amount of deposit paid in respect thereof. All land under the Act shall be alienated only to members of an Association, subject (1) in all respects to the provisions of “The Land Act, 1885,” relating to the occupation of land held under annual lease; (2) to the provisions that no lessees of any land under tms Act shall be entitled to acquire the fee simple of the land comprised in the lease to an upset yearly rental of 5 per cent on the ascertained cash price of the laud. The allotments in each block are to be apportioned amongst members of an Association by ballot or otherwise fixed by their rules, and each member will be entitled to hold any number not exceeding 100. No person shall be allowed, on any terms whatever, to be the holder of more than one allotment of land acquired under this Act, but be may transfer hia lease to any person, although not a member of an Association, subject to the approval of the Land Board. No person under the age of 17 can occupy land under this Act, nor any person until he has deposited with the Commissioner a declaration that he is of that age or upwards, that he desires the land solely for his own use and benefit, and that he is not the owner, tenant, or occupier (directly or indirectly) of any land under this Act. Any person guilty of a breach of the provisions, or making a false declaration, will forfeit all right to the land in his occupation, and of all money paid in respect thereof. 'When any occupier of land has made substantial improvements of & permanent

character to the value of the -athbuflti\ of deposit paid in respect of his allotment, he shall be entitled to a refunded! his deposit. In every case of refund the rent to be paid subse--or and i s to be 5 per cent on fchfSlfpll cash price, instead of the price ly P a * d tor the land. All moneys • » e * under are t° be paid into 'public account, and placed to a separate account, to be called the “ Laud Acquisition Account,” and the money may be applied for paying all expenses incident to the administration of the Act, or for a refund of advances from other \»dcountß> but are not to be applied to purposes outside the provisions of the Act. Annual statements of account and the conditions of settlement are to be presented to Parliament by the Treasurer and Minister of Lands respectively.