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UNITED STATES CIVIL ADMINISTRATION OF THE RYUKYU ISLANDS

Office of the High Commissioner

APO 311

HICOM ORDINANCE NUMBER 18

13 Jan 1959

ACQUISITION OF LEASEHOLD INTERESTS


WHEREAS, the United States has certain requirements for the use and possession of lands in the Ryukyu Islands in which Determinable Estates have heretofore been acquired by the United States under and by virtue of the provisions of CA Ordinance Number 164, dated 23 February 1957; and

WHEREAS it is desirable, and mutual agreement has been reached at the Joint Land Conferences which were held between United States and Ryukyuan representatives from 11 August 1958 thru 26 November 1958 to abolish such Determinable Estate interests in lands taken as aforesaid, and to either reinstate the leasehold interests previously acquired by the United States in such land or, with respect to lands in which no leasehold interest had previously been held by the United States, to convert such Determinable Estates to leasehold estates as defined in paragraph 2b of said CA Ordinance Number 164; and

WHEREAS certain services will be required to implement the procedures specified herein, for which services the Government of the Ryukyu Islands is uniquely qualified;

NOW, THEREFORE, it is hereby Ordained as follows:

1. All. Determinable Estates in lands in the Ryukyu Islands heretofore acquired or taken by the United States of America either by voluntary conveyance or by condemnation under and by virtue of the provisions of paragraph 3c, CA Ordinance Number 164, dated 23 February 1957, are hereby relinquished and renounced, effective on and after the date of acquisition, either by negotiation or by Declaration of Taking of each and every such Determinable Estate, it being intended hereby to revest all owners of interests in lands in which any Determinable Estate was taken with the full and complete ownership of such interests, as if no Determiable Estate had been acquired, subject, however, to any and all lions, incumbrances and other interests lawfully existing on the date of such acquisition which have not been discharged, and subject, further, to the provisions of this and other applicable Ordinances. Registration of this relinquishment shall not be required, each Land Registry Office being hereby enjoined to consider this Ordinance as a conveyance of the Determinable Estate from the United States to the then registered owner as of the date of such acquisition. Nothing contained herein shall be construed to transfer to the owner of the land the ownership of any properties acquired or placed thereon by the United States or to require the repayment to the United States of any for or on account of any Determinable Estate, or the payment of any accrued interest thereon, or of any accrued interest on funds made available for payment for any Determinable Estate and not accepted, provided, however, that funds received in payment for Determinable Estates may be considered in whole or in part, to be prepaid rent under any future leasehold interest in said land acquired by the United States.

2. All leasehold estates in lands in the Ryukyu Islands heretofore acquired by the United States of America, which were terminated by its acquisition of Determinable Estates therein, are hereby reinstated as of the date of the acquisition of the Determinable Estate and continued in force and effect through 30 June 1960, or until completion of successor leases, whichever is earlier, it being intended hereby that prior United States leasehold interests continue in effect as though such Determinable Estates had not been acquired.

3. In those cases where landowners had petitioned or appealed to the USCAR Land Court or its predecessor, in accordance with the then prescribed procedures, for review of the determination of just rental compensation for the period of time immediately prior to the acquisition of a Determinable Estate, and such petitions or appeals have not bean disposed of, such petitions or appeals shall be considered to have been amended, and review of just rental conpensation may be had, without further pleadings, for the rental period subsequent to that appealed from and up to and including 30 June 1958.

4. Lands in the Ryukyu Islands in which a Determinable Estate has been acquired and in which the United States held no leasehold interest immediately prior to the acquisition of a Determinable Estate therein, shall be considered subject to a leasehold estate, as defined in paragraph 2b, CA Ordinance Number 164, as of the date of acquisition of the Determinable Estate up to and including 30 June 1960, or until the effective date of a successor lease, whichever date is the earlier.

5. Owners of lands in which the United States acquired a leasehold interest pursuant to paragraph 2 or paragraph 4 hereof, other than those referred to in Section 3 hereof, shall have the right to petition for review of the determination of just compensation to the USCAR Land Court or its successor under the terms and conditions set forth in paragraph 3d, CA Ordinance Number 164, provided that the time limitation for filing the petition for review shall be 60 days from the date of filing of the Certificate of Affirmation instead of the Declaration of Taking as therein provided.

6. The United States shall register, within the appropriate District Land Registry Offices, Certificates of Affirmation of Leasehold Interest in those lands heretofore subject to the Determinable Estates and referred to in the preceding paragraphs hereof, and such offices are hereby authorized to make such registrations. Registration of real property required for use by the United States will be accomplished without payment to any gov-ernmental agency of fees and taxes by the landowners or by the United States. Each Certificate of Affirmation of Leasehold Interest shall list the legal description of all lots or tracts involved and the amount of rental which has accrued for each said lot or tract from the date of acquisition of the Determinable Estate through 30 June 1958. Rentals from 1 July 1958 shall be paid at the rates specified in leases to be executed with the Government of the Ryukyu Islands.

7. Forthwith after the filing of the Certificate of Affirmation of Leasehold Interest, the District Engineer, U.S. Army Engineer District, Okinawa, shall cause to be deposited with the Chief Executive of the Government of the Ryukyu Islands the sum of money specified in said Certificate of Affirmation of Leasehold Interest as rental through 30 June 1958, to be held IN TRUST for the persons entitled thereto.

8. The Government of the Ryukyu Islands is designated as TRUSTEE for the purpose of receiving, disbursing and accounting for funds deposited by the United States of America to be held IN TRUST for payment to the persons ultimately qualifying for payment under the provisions of this Ordinance. All such funds received and disbursed by the TRUSTEE must be accounted for and the undisbursed balances are subject to the withdrawal and recovery provisions of subparagraph 5c of CA Ordinance Number 164, dated 23 February 1957, as amended. Records of said account maintained by the TRUSTEE shall be open to inspection at all reasonable times by representatives designated by the District Engineer, U.S. Army Engineer District, Okinawa.

9. The Chief Executive of the Government of the Ryukyu is hereby authorized, empowered and directed, in the name of Government of the Ryukyu Islands, to perform all acts and functions required as said TRUSTEE, and is authorized to enter into and execute, in the name of the Government of the Ryukyu Islands, any Service Contracts, or modifications required thereto, with the United States of America to provide such services of the Government of the Ryukyu Islands as may be determined necessary to implement the procedures specified herein. The Chief Executive may designate a competent official, or officials, who shall be responsible to, and have authority to act for, the Chief Executive of' the Government of the Ryukyu Islands in all matters pertaining to the performance of such services, to devote his or their full time and attention toward their accomplishment.

10. Paragraph 2a, of CA Ordinance Number 164, "United States Land Acquisition Program," dated 23 February 1957, is hereby rescinded. All funds remaining on deposit with the Bank of the Ryukyus as compensation for Determinable Estate interests in land shall be immediately withdrawn by and returned to the United States, acting through the District Engineer, U. S. Army Engineer District.

11. The effective date of this Ordinance shall be 13 January 1959.

FOR THE HIGH COMMISSIONER

VONNA F. BURGER

Brigadier General USA

Civil Administrator



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