Whereas the United States has certain requirements concerning the use and possession of land in the Ryukyu Islands and whereas there are no provisions of Ryukyuan law whereby such requirements may be satisfied, it is deemed appropriate and necessary to establish procedures for the acquisition of and just compensation for such interests in land as the United States must have for the carrying out of its responsibility in the Ryukyu Islands. It is therefore ordained as follows.
1. Acquisition of estates or interests in land required for temporary or indefinite use shall be accomplished by the District Engineer, Okinawa Engineer District, on behalf of the using agency of the United States Forces with the specific approval of the Deputy Governor.
2. When it has been determined that an estate or other interest in any specific parcel or parcels of land or other real property shall be acquired, and that such acquisition cannot be agreeably accomplished by negotiations with owners concerned, the Deputy Governor, in the name of the United States, shall cause the following to be accomplished.
a. Personal, public and published Notice of Intent to be served upon the owner or owners of the land or real property concerned, identifying the property and stating the estate or interest to be taken and the authority therefor. Such notices shall further state the value at which the property has been appraised and the amount deemed to be just compensation; that such owner or owners shall have thirty (30) days from the date of publication of the notice in which to accept or refuse the offer of the United States. In the event of refusal, the owner(s) may within the said thirty (30) days appeal in writing to the Deputy Governor. Failing such appeal within said time the estate or interest shall be deemed transferred to the United States for the amount stated; in the event of appeal only the issue of just compensation will be determined and such appeal shall not stay the right of the United States to file a Declaration of Taking.
b. In the event transfer of the required estate or interest is accomplished by negotiation, the instrument of transfer shall be filed for registry in the District Land Registry Office having registry jurisdiction over the land or real property involved.
c. In the event that transfer of the required estate or interest in not effected by the owner or owners and thirty days has elapsed after the publication of a Notice of Intent provided for in 2.a. above, the Deputy Governor shall forthwith cause a formal Declaration of Taking to be filed and registered in the District Land Registry Office having jurisdiction over the land or real property involved and the sum of money representing just compensation due, for the estate or interest taken, as determined by the District Engineer, Okinawa Engineer District, to be deposited in the Bank of the Ryukyus to the account of the owner or owners.
d. In the event that appeal is taken pursuant to notice and the provisions of paragraph 2.a. above, the Deputy Governor shall refer the same to the United States Land Acquisition Commission for the Ryukyu Islands, as established by paragraph 3. below, for hearing, finding and determination upon issues within the jurisdiction of that Commission. During the course of appeal, the landowner may withdraw up to 75% of the amount offered for his estate or interest.
c. Should it be deemed of urgent necessity by the CG, RYCOM, that the use and possession of land or other real property be taken by the United States after the publication of a Notice of Intent, but prior to the acquisition of the estate or interest required, the Deputy Governor shall issue an order directing the vacating of the premises.
3. THE UNITED STATES ACQUISITION COMMISSION FOR THE RYUKYU ISLANDS is hereby established, composed of commissioners appointed by the Governor of the Ryukyu Islands. A majority of commissioners shall con-stitute a quorum tor the transaction of the business of the commission. The commission 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.
4. The aforesaid Commission to hereby empowered to make a determination of property value and just compensation in all cases referred to it by the Deputy Governor of the Ryukyu Islands, or higher authority, and thereunto 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 and court of' record for land and real property condemnation purposes.
5. When the Commission has made its findings and determination in any case, it shall document and transmit the same to the Deputy Governor who shall cause appropriate notice thereof to be transmitted to the owner or owners of the property involved and to DE, ONED who will adjust deposit with Bank or Ryukyus to the account of the owner or owners.
6. The special account deposit provided by paragraph 2.a. above, shall include compensation for loss of any crops, tombs, structures and/or other improvements on the lands acquired.
7. The effective date of this Ordinance shall be 3 day of April 1953.