THE CALIFORNIA SMALL HOLDINGS AND ALLOT- AND THE ACQUISITION OF LAND (ASSESS- INTRODUCTION. THE Small Holdings and Allotments Act, 1908, consolidated the provisions of various previous enactments relating to the powers and duties of local authorities in respect of small holdings and allotments, and repealed those previous enactments, so that the whole law on the subject down to 1908 was to be found in the Act of 1908. It was amended and supplemented generally by the Land Settlement (Facilities) Act, 1919 (hereinafter called the Act of 1919). It was further amended and added to as regards allotments by the Allotments Acts, 1922 and 1925, and as regards small holdings by the Small Holdings and Allotments Act, 1926 (a). The Acts of 1908, 1919, and 1926 may be cited together as the Small Holdings and Allotments Acts, 1908 to 1926. The provisions of the Small Holdings and Allotments Acts, 1908 to 1919, which related to allotments, and the Allotments Acts, 1922 and 1925, may be cited together as the Allotments Acts, 1908 to 1925. The assessment of compensation for land acquired by local authorities under these Acts is dealt with by the Acquisition of Land (Assessment of Compensation) Act, 1919. (a) The alterations and amendments with regard to small holdings effected by the Act of 1926 are clearly stated in the Circular Letter and Memorandum of the Ministry. See Appendix I., p. 219. 2 Definition of (1908) Sect. 61. Power and The subject-matter of the Acts may be considered under five headings: (1) Small Holdings; (2) Allotments; (3) Allotment Gardens; (4) General Provisions; (5) The Acquisition of Land (Assessment of Compensation) Act, 1919. I. Small Holdings. A small holding is defined as meaning "an agricultural small holding. holding which exceeds one acre, and either does not exceed fifty acres, or if exceeding fifty acres, is at the date of sale. or letting of an annual value for the purposes of income tax not exceeding 1001."; and the Act of 1919, by sect. 20 (now repealed), extended the expression to a holding of less than one acre and not less than half an acre with a cottage erected thereon. The powers and duties of providing small holdings were originally set forth in Part I. (sects. 1 to 21) of the Act of 1908, but these sections are now repealed and their place is taken by Part I. (sects. 1 to 11) of the Act of 1926. County councils (which include councils of county boroughs) have the power, and if satisfied of the demand for small holdings, which in their opinion can be met without incurring loss, the duty, by purchase or lease of suitable land, of providing small holdings for persons who desire to buy or lease and will themselves cultivate the holdings. It is, furthermore, lawful for them to do so even if it appears that a loss may be incurred, but in that case they must obtain the approval of the Minister of Agriculture and Fisheries, who may undertake to contribute towards the losses likely to be incurred, but not to an amount exceeding seventy-five per cent. of the estimated losses in any year. The word "cultivate" is used in a wide sense, and includes horticulture and the use of land for any purpose of husbandry, inclusive of the keeping or breeding of live stock, poultry or bees, and the growth of fruit, vegetables, and the like. Every county council (other than the London County Council) is bound to establish a small holdings and allot (1926) Sect. 2. (1908) Sect. 61. Small holdings and committees. ments committee, consisting either wholly or partially of allotments members of the council, but the members must be in a (1908) majority. All matters relating to the exercise and per- Sect. 50. formance of their powers and duties under the Act (except the power of raising a rate or borrowing money) are to stand referred to this committee. For the purpose of providing small holdings, a county Acquisition of land. council may purchase or take on lease land by agreement, (1926) whether situate within or without their county, and if Sect. 4. unable to acquire suitable land for providing small holdings, they may acquire land compulsorily. It is to be noticed that this power of compulsory acquisition is now exerciseable either for the purpose of letting, or for sale, to persons who desire small holdings, and is not limited, as in the Act of 1908, to the case of letting. A county Appropriation of land. council may with the consent of the Minister of Agri(1919) culture and Fisheries and the Minister of Health Sect. 12. (i) appropriate for any purpose for which the council is authorised to acquire land under these Acts any land held by the council for other purposes of the council; or (ii) appropriate for other purposes of the council land acquired by the council under these Acts. of land. (1919) Having acquired the land the county council may, Adaptation before sale or letting, erect, repair, or improve dwelling houses and other buildings or execute any other improve- Sect. 12. ment on or in connection with or for the benefit of the land or arrange with the tenant of the land for the execution of any such improvement. They are also given a general power of management of the land acquired. They Selling or letting land. may let the land or sell it for a terminable annuity equal (1926) to the "full fair rent" of the holding for a period of sixty Sect. 5. years, or at the option of the purchaser, for a terminable annuity for less than sixty years of an equivalent capital value, to individuals or to persons working on a co-opera- Sect. 3. tive system, or with the consent of the Minister of Agriculture and Fisheries, to associations formed for the purpose of creating or promoting the creation of small holdings, and so constituted that the division of profits amongst the members of the association is prohibited or restricted. Any sale for small holdings does not require the approval of the Minister if it was land acquired without his consent under Part I. of the Act of 1926, but in other cases his consent must be obtained and any sale or letting for small holdings must except where the Minister otherwise directs be subject to a reservation of all minerals vested in the council. A "full fair rent " of a small holding means the rent which a tenant might reasonably be expected to pay for the holding if the tenant and not the Sects. 2 and 5. landlord undertook to bear the cost of structural repairs. What may amount to the full fair rent" in the case of sale is left to the determination of the council. (1919) Sect. 11. rent." (1926) Registration of title. (1926) Sect. 11. Payment of (1919) Sect. 11. (1926) Sect. 19. Restrictive conditions. (1926) Sect. 6. 66 A county council having bought land must apply for registration of the title under the Land Registration Act, 1925, and they must keep a list of the owners and occupiers of small holdings sold or let by them with a map or plan. If the small holding is sold the purchaser must on completion pay down the first instalment of the terminable annuity, and the rest will be secured by a charge on the holding. Except as to the first instalment payment of all or any part of the terminable annuity may be postponed for a term not exceeding five years in consideration of capital expenditure by the purchaser increasing the value of the holding. A tenant of land purchased by the council who was in occupation on December 15th, 1926, and has been in occupation for not less than six years may at any time before he has received notice to quit require the sale to him of the holding at its then value exclusive of any increase of value due to any improvement executed by the tenant. The council may not refuse to sell to the tenant on these terms unless the Minister allows them to do so. A holding, when sold, will for forty years, and thereafter so long as it remains charged with the terminable annuity, be held subject to certain conditions, which provide (amongst other things) that it 5 shall not be divided, assigned or let without the consent of the county council, that it shall be cultivated by the owner or occupier, as the case may be, in accordance with the rules of good husbandry as defined in the Agricultural Holdings Act, 1923, and not used for any purpose other than "agriculture" (which, like the word "cultivate,' includes horticulture, &c.), that not more than one dwelling-house shall be erected on the holding (but this restriction may in certain cases be relaxed), that any dwelling-house erected shall be kept in repair and insured against fire by the owner, and that no dwelling-house or building on the holding shall be used for the sale of intoxicating liquors. In the case of any holding on which in the opinion of the county council a dwelling-house ought not to be erected, no dwelling-house may be erected without the consent of the county council. If any of these conditions is broken the council may, after giving the owner an opportunity of remedying the breach, either take possession of the holding or order its sale without taking possession. If on the decease of the owner while the holding is subject to the conditions above mentioned, the holding would, by reason of any devise, bequest, intestacy or otherwise, become subdivided, the council may require the holding to be sold within twelve months after the decease to some one person, and in default may take possession or order the sale of the holding. A small holding let by a county council will be subject to the conditions on which it would be held if sold, except conditions relating to the terminable annuity and repairs and fire insurance. In addition to their power of themselves purchasing, a county council may advance not more than nine-tenths of the purchase-money to a person desirous of purchasing a small holding which he is able to cultivate properly to enable him to purchase it from his landlord. The sum advanced will be repayable by a terminable annuity for not more than sixty years. And, a county council may Advance of money to small holder. (1926) Sect. 14. |