Journal of Forest Commons
Online ISSN : 2434-3927
Print ISSN : 2186-036X
An art review of forestland ownership and management (conservation) under the background of changing land legislation in Japan
Satomi Kohyama
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JOURNAL OPEN ACCESS

2024 Volume 44 Pages 4-25

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Abstract
Land legislation has been revised to solve modern problems related to land. In this paper, based on the social background leading up to the revision, contents of the amendment were reviewed comprehensively, and it was discussed that the obligation of management (obligation of preservation) of the land owner, etc. were clarified legally. In addition, this paper referred the ideal way of network such as "disaster prevention information, fixed asset tax, registration, family register", etc. which Japan aims at "Comprehensive Infrastructure of Basic Land Information (tentative name)" and "modern version land inspection (Ken-chi)" which is a process for it, while it is compared with the operation of unclaimed property of U.S.A. (property without the person who claims the right) and the Escheatment Law (laws on national treasury ownership). On this basis, from the viewpoint of how the amendment of the land legislation affects or can affect modern issues related to the ownership and management of forestland, the author examined the partial amendment of the Civil Code and Real Estate Registration Act of 2021 (Reiwa 3) and the enactment of the Act on the attribution of inherited land to the national treasury in the same year. Especially, this paper takes up measures for the prevention of the generation of land of unknown or unidentified owner in forestland ownership and for the facilitation of utilization on forestland management (conservation)―this part examines the legal problems such as the method using forestland for the optimum land use of agricultural land and remote sensing, etc. for the conservation of forestland in a multifaceted manner―and the obligation to register inheritance from the viewpoint of the construction of a mechanism, and it concludes with some considerations by taking reviewing and examination.
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