Resumption of Landed Estates by the Grown.

Te Aroha News, Volume IV, Issue 202, 7 May 1887, Page 4

Resumption of Landed Estates by the Grown.

Some time ago Sir George Grey brought forward a scheme for the resumption by the Crown of landed estates by compulsory pale to the Government under certain conditions as to valuation, etc. The object was to burst up large private estates in order that they might be settled by working occupiers. The idea has been taken up by the present Minister of Lands in so far as that he has elaborated a scheme by which areas of land at present alienated from the Crown may return into the hands of the State it there are a certain number of people I leady and willing to settle on biich land n certain conditions, • One great diflfcienre between Sir George Grey's scheme and that ot Mrßallance is that the former allowed the re-acquisition oi the laud by settlers under fioehold tenure, while Mr Ballance's Bill provides that the foe simple of the land shall ictnuin vested in the Ciown. Thoie are other important differences in the two schenio, which we may deal uitn in a special ai tide. Our present purpose is to furnish our readers, who should bo deeply interested in this question, with a full summary of Mr Ballaneo's projected Bill, which has been supplied to the Auckland Star by it-j Wellington coi respondent. The bill, which we are told is to bo called tho Ac quisition Bill, will probably be submitted to the House dm ing tho approaching «-ession of Parliament. The following are its provisions : — Twenty or more persons, associated together lor the purpose of promoting the settlement and t* c occupation of land in small farms, having framed special rules for tho conduct of their affairs, will be deemed to be formed into an ass-oci ation unler the Aft from the day when the Governor has notified hi.-* approval of the iule->, and ouch association may then contrac: with the owner of any private land in any part ot 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 "Tho Property Assessment Act, 1885,' with not more than 10 per cent, added, as well as the value of all improvenv nts, if any, effected on such land since the valuation was made. If the a-sociation have agreed with the owner of the land as to price, they may petition the Governor to enable thorn to acquire it, 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 it* to be remitted to two Commissioners to be appointed for investigat'on and report, one Commissioner being 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, the other. For the purpose of this Act, the powers of the " Commissioners' Powers Act, 1567," are conferred upon the Commi a eioners, whose duty ifc will,be, on receipt of a petition, to fix a time and a place for inquiring whether the land proposed to be acquired is suitable for the purposes of small farm settlement, and whether the Association will probably be able to carry into effect the permanent settlement of tbe land. All such investigations are to be open to the public, and the Commissioners are to report their decision to the Governor-in Council. Objections to the acquisition of land may be lodged with and considered jby the Commissioners. The Governor i in Council may, bat shall not be compelled to do s ( >, give effect to any petition on receiving the report of the Commissioners ; hut if the Governor agrees to acquire the land, the Commissioners shall require the j owner to execute a deed of conveyance or ttansfez of th« s-id kind to Her Majesty. If the. association cannot agree with the ownei c'" any land for its pin chase or cannot agree as to price, or if the owner refuses or has no power to '•ell, the association may still, if they think it desirable to acquiie tho lands, petition the Governor in-Counoil to that end, setting forth in the petition tho price they are willing »o pay, and that having offered *uoh pi ice it has been refused The Goveinoi may then diiect the Propel ly Tax Commissioner to appoint a oompi tent sur veyor to make, at the expense of the association, a sepaiate \aluation ot the land they propose to acquire, of the value of the permunent improvements (if any) at the time of the application. The assessor is to take the valuation of tho land last raado under the Property Assessment Act, 1885, as the basis for calculating the separate valuation. The Governor having received tins valuation, is to notify to the association the amount thereof, and to tequire them to deposit with the Commi-sione- one fourth at least of the amount, plus ten per ceur, as a guarantee of good faith. As soon ns the Governor receives a notice of the payment of tho 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 theiropinion, 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 compulK«ily, the Governor will be eutit'ed to do t»o upon written no' ice being given the owin r that lio will take land for the pur poses of the Act, and that he has rofenod the disputed question of price for decision by the Land Court to be established f<r ciieli purposes thereifter. All matters in relation to the acquisition of hind are to be carried out by the Court until it makes its decision.

Exemptions from Expropriation. The following linds aye not liuble ti be taken without the owner's express consent in writing : (1). Land of any area less than 1,000 acres, the property of any person who is not owner of more than 1,000 acres in any part of the colony, unless such land is lying waste, unfenced, and unimproved. (2). Land on which the owner's family dwelling house Btands together with not more than 1,000 acres around or adjacent thereto. (3) Land which may not be taken under the Public Works Act, 1882. 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 deteumne on all matters in dispu c rel.itinft to the acquisition of private lands winch may bo referred to by the Governor. Power is given to the Governor to appoint a judge and officers of the Court, whose salaries ure to be fixed by the General Assembly. Powers of 'appeal to the Supreme Court arc contained in the Act.

How the Money is to be Paiiv The Governor may pay the price in cash out of any moneys appropriated by 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 Treasurer 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 total sum agreed or awarded to be paid for any land obtained under the authority of the Act, and may deliver such bond as security for any money so borrowed, or may dispo. c of the bonds to any peison who may desire to purchase them. Each bond is to be for a sum not less than £20, payable to bearer at any time the Governor in Council may prescribe, but always subject to redemption by the Colonial Treasurer at 12 months' notice from any date at which interest is payable, 'lhe late of interest is not to exceed five per cent, puyabie within the colony of Australia, including lasmania, as may be named Such bond or bomta, and interest thereon, are to be a chaige upon the Consolidated Fund. The Colonial Treubinei ma>, wilnout huthei appiopriation, pa\ out o idie public account such moneys as iuay become payable inC'sh under any contract under the Act, whether for puic iuse of hind, compensation fur its acquisiti >n, or for survey and subdivision thereof. Any sum not exce ding £50,000 in «y be paid in any one year for the purpose of the Act out of any moneys available for .such puiposcs erher from appropriation of the General Assembly or otherwise. All land acquired under the Act is to be deemed to be Crown land, and to l>e absolutely ve-^ed in fee simple in Her Majvsty, di 4charged from ah mortgage claims or in terest of any kind The (>ovemor may set aside for public purposes ten per cent, of the ! areaof any block acquiiedundertheAct. All I the land acquired is to be surveyed, and [ roads arid reserves are to be laid of I ; the land is to bo subdivided into convenient farm aieas (not exceeding 100 acies e-ieh), as may be most in accordance with the j wishes- of the association The expense of j tho survey and the estimated expense of marking off and making roads are to be added to tho pric", and compensation paid for the land, and the total is to be deemed the cost of tho land. The commissioner i* to apportion amongst the various allotments and roserves into which any block of land is subdivided, the cost of such land in such manner that the cost of the several reserves and allotments taken together shall be, as nearly as pos-ible, equivalent to the total cont of the block.

Tjik Land to be Hkld on Perpetual Lkash. All land under the Act shall be alienated in the first instance only to members of an association, subject, (1) in all respects to such provi-ions of part 4 of the Land Act, 1885, as relate to the occupation of land held under perpetual lease ; (2) to the provision that no lessee of any land under this Act shall be entitled to acquire the fee simple of the land comprised in his lease ; (3) to an upset yearly rental of 5 per cent, on the ascertained cash price of the land. The allotments in each block are to be apportioned amongst members of an associa tion by ballot or other way fixed by their rules, and each member will be entitled to hold any number not exceeding 100 acres. No person will be allowed on any terms whatever to be the holder of more than one allotment of land acquired under this Act, but he may transfer his 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 tiiis A.ct, nor any person until he has deposited with tho Commissioner a dc claration that he is of 'hat age or upwards, and that he desires the laud solely for his own u<-e and benefit.