what's new?  |   archive  |   prehistoric ryukyu  |   ancient ryukyu  |   early-modern ryukyu  |   modern okinawa  |   postwar & contemporary okinawa  |  links  | contents  | about this website


archive


UNITED STATES CIVIL ADMINISTRATION OF THE RYUKYU ISLANDS

Office of The High Commissioner

APO 331

HICOM ORDINANCE NUMBER 19

ESTABLISHMENT OF THE UNITED STATES

LAND TRIBUNAL FOR THE RYUKYU ISLANDS

21 January 1959


1. There is hereby established THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS, whose final determinations as hereinafter provided shall, following notification to the claimants, be reflected where appropriate in an increase or validation or decrease of payments or deposits made or to be made to the account of the claimants; shall stand as precedent until overruled by later determinations; and shall be binding and conclusive unless and until overruled by higher authority.

2. THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS hereby succeeds to the duties. jurisdiction, determinations and current docket of The United States Land Acquisition Commission for the Ryukyu Islands and the USCAR Land Court, which is hereby abolished. Functioning as a quasi-judicial body, it shall hear and determine all matters concerning land and real property condemnation in the Ryukyu Islands by any agency of the United States Government and for these purposes may hear questions involving interpretations and implementations of this Ordinance and other laws and Ordinances pertaining to United States land acquisition, the meaning and extent of any estate in land acquired by the United States and procedural conformity with condemnation procedures. THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS may determine factual and legal issues pertaining to the compensability and extent of just compensation for property taken or damages claimed, either under declarations of taking or under commonly accepted principles of due process in the law of eminent domain; provided, that in any case within the last-named category which is more properly for settlement under United States Forces claims procedures, the case shall be determined under said claims procedures, and provided further, that nothing herein shall be construed as authority for THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS to inquire into the wisdom of the governmental use to which any condemned land has been or will be devoted.

3. THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS shall be located in the Ryukyu Islands; it shall consist of three members, who shall be appointed for two years with provision for extension or removal by the Seoretary of Defense, United States of America; and a majority of whom shall constitute a quorum for the public hearing of matters duly and timely filed with the Clerk of the Tribunal by a petitioner.

4. THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS is further empowered to conduct hearings, take appropriate testimony and evidence, subpoena witnesses, books, records and documents, and otherwise perform as a quasi-judicial body. THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS shall adopt such rules of procedure and practice as it deems necessary to effect orderly and just administration, shall cause such rules to be made available to all interested persons, and shall keep such files and records as may be necessary for public and permanent record of its proceedings and actions and shall be provided with adequate facilities for performance of its functions.

5. The Secretary of Defense, United States of America, or his designee, shall adjudicate all appeals based upon questions of law, except that allegations of partiality, impropriety or arbitrariness of the proceedings in or decisions of THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS, will be adjudicated on the merits only upon the exercise of full and free discretion by the Secretary of Defense, United States of America, or his designee; provided, such questions are properly raised for review by any party in THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS or by certification from a majority of members in the Tribunal; provided further, that in no event shall such appeals constitute or be conducted as de novo review of the factual findings of THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS, and that if there is discovered an irregularity meriting reconsideration of a case, the case shall be returned to THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS for rehearing. Appeals shall be raised and conducted under proper rules of procedure, which rules shall be made available to all interested persons; in such rules it shall be provided that appeals will ordinarily be limited to consideration of the record of THE UNITED STATES LAND TRIBUNAL FOR THE RYUKYU ISLANDS and briefs submitted thereon, but that in the exercise of discretion in selected cases an appeal can be set down for oral argument.

6. Paragraphs 8a and 8b of CA Ordinance No. 164, "United States Land Acquisition Program," dated 23 February 1957, are hereby superseded; provided, however, that all interests and rights acquired pursuant to, or by virtue of said Paragraphs 8a and 8b of said CA Ordinance No. 164 and all appeals and petitions filed with The United States Land Acquisition Commission for The Ryukyu Islands or the USCAR Land Court and still pending before the USCAR Land Court, shall remain fully effective until otherwise relinquished or determined.

7. The effective date of this Ordinance shall be 21 January 1959.

BY DIRECTION OF THE SECRETARY OF DEFENSE

DONALD P. BOOTH

Lieutenant General, United States Army

High Commissioner of the Ryukyu Islands



the ryukyu-okinawa history and culture website © 1995-2016 john michael purves

 somayama@mac.com