農地の『所有』から『利用』への再転換―農地の有効利用促進のための法史的研究―

抄録

As a municipal official of Nisshin City, I was involved in formulating the “Nisshin City Farmland Bank System Implementation Guidelines,” based not on the provisions of the Agricultural Land Act, but on the concept of perpetual leasehold rights as stipulated in Article 270 and subsequent articles of the Civil Code—thus establishing a system that did not entail ownership rights. This initiative, developed in the context of decentralization, can be regarded as a groundbreaking effort uniquely undertaken by a local government. However, in recent years, there has been a shift back toward centralization with the enactment of the “Act on Promotion of the Intermediate Management of Farmland” (Act No. 101 of December 13, 2013), under which farmland banks are now established at the prefectural level. This report, driven by the concerns outlined above, reexamines the historical development of laws surrounding farmland ownership in Japan and explores potential solutions to various issues related to the effective utilization of farmland.