TO THE PEOPLE OF THE RYUKYU ISLANDS:
WHEREAS, under the Rules of Land Warfare, and the provisions of Article 52, Secton III, of the Regulations Respecting the Laws and Customs of War on Land, Hague Convention No. IV of 18 October 1907, the Armed Forces of the United States requisitioned and took possession of certain real estate needed by the Army of Occupation, and
WHEREAS, by virtue of the power of eminent domain conferred upon the United States by Article 3, Chapter II, of the Treaty of Peace with Japan, the Armed Forces of the United States, subsequent to 28 April 1952, occupied and used certain other real estate needed by the United States forces, and
WHEREAS, the Armed Forces of the United States have been in continuous possession of a certain portion of that real estate designated as "Military Areas" from 1 July 1950 and subsequent dates prior to the date of this proclamation, and
WHEREAS, the records of land titles destroyed through war damage have now been restored and owners of land lying within the boundaries of the Military Areas have been appropriately notified of the requisition of their lands by the United States Armed Forces, and
WHEREAS, the United States is now completing payment for rent for the use and occupancy of all land encompassed by the boundaries of the Military Areas from 1 July 1950, or subsequent date of requisitioning, through 27 April 1952, and
WHEREAS, the welfare and defense of the Ryukyu Islands requires the continued use and occupancy by the Armed Forces of the United States of all the Military Areas for an indefinite period of time, and
WHEREAS, agents of the United States have attempted, by negotiation, to enter into l4ritten agreements whereby the United States should acquire the right of use and occupancy of the Military Areas in return for estimated due compensation to the landowners, without success, and
WHEREAS, an implied lease and obligation of the United States to pay rent was created the day and date subsequent to 1 July 1950 said lands were requisitioned, and a leasehold interest was thereby vested in the United States as of said date, and
WHEREAS, the continued use of private lands for public purposes without comp. ensation is abhorrent to the Constitution of the United States and may create hardship among the people of the Ryukyu Islands,
NOW, THEREFORE, I, DAVID A. D. OGDEN, Major General, United States Army, Deputy Governor of the Ryukyu Islands, by virtue of the power and authority vested in me by competent authority, do hereby proclaim as follows:
ARTICLE I
The right of the United States of America to the use and occupancy of the Military Areas heretofore taken by the Armed Forces of the United States under implied lease is hereby confirmed, and the United States of America is hereby vested with the right to use and occupy such lands presently occupied by agencies of the United States as it shall duly register, as provided in Article II hereof, for a term of years which shall begin on 28 April 1952, or subsequent date of requisition prior to the effective date of this Proclamation, and continue through 30 June 1954, subject, however, to existing easements for public purposes; provided, that the right to use and occupy the lands so registered shall remain in force thereafter from year to year; and, provided further, that the United States may give sixty (60) day notice of cancellation as to all or any part of the area concerned, which notice shall not be final until the expiration date. During the period between such notice and the expiration date, the United States reserves the right to rescind such notice of cancellation or issue a superseding one effective only as to a designated portion of the area covered by the notice of cancellation. (CA Proc #39)
ARTICLE II
The United States is hereby authorized to register, within the District Land Registry Offices having registry jurisdiction over the land or real property involved, Certificates of Confirmation and Rental Deposit covering subject lands, and such offices are hereby authorized to make such registrations. The said Certificate of Confirmation and Rental Deposit shall reflect the legal description of all lots or tracts involved and the estimated amount of rental money which has accrued and is due from date of requisition, the value of any improvements acquired, and a statement of the amount of rental which will accrue annually thereafter. The United States may, at the end of suitable terms of years, conduct new appraisals and, by registering amendments of the Certificates of Confirmation, establish new rental compensation thereafter. (CA Proc #33)
ARTICLE III
Forthwith after the filing of said Certificate of Confirmation and Rental Deposit, there shall be deposted by the United States with the Chief Executive of the Govern. nient of the Ryukyu Islands, or his duly authorized representative, a sum of money representing the estimated accrued rental and value of the improvements acquired, to be held in trust for the legal owners of said real estate or the benefit of persons entitled thereto. Any payments made by the Chief Executive, or his authorized representative, shall be upon certification of the Government of The Ryukyu Islandso that the person(s) receiving such payment was determined, after appropriate title search and physical inspection of the property, to be the proper recipient(s) of the money paid. Unless and until the United States shall give notice of termination, pay as above, provided that adequate appropriations are available from year to year for the payment of rentils. No rentals upon any real estate shall accrue after the effective date of release. (CA Proc #33)
ARTICLE IV
The full amount of money deposited for the benefit of persons entitled thereto may be withdrawn by them upon the execution of a stipulation providing that the rental and improvement values registered in accordance with Article II, above, are satisfactory. In the event the said values are not considered satisfactory to the legal landowner, he may withdraw 75% of the amount deposited and within thirty (30) calendar days from the date of the filing of the Certificate of Confirmation and Rental Deposit appeal in writing to the Deputy Governor. If after the filing of a Certificate of Confirmation an amendment is subsequently registered which revises or in any manner alters the amount of rental compensation to be paid for land acquired by said Certificate of Confirmation, then the owner or owners of said land shall have thirty (30) days frown the date of filing said amendment for registration in which to file a written appeal upon the revised amount, which appeal shall be subject to the same rules and limitations prescribed herein for appeal upon the filing of a Certificate of Confirmation. Such appeals will be heard before the United States Land Acquisition Commission for the Ryukyu Islands established by Section 4, Civil Administration Ordinance 109, whose award, whether more or less than the estimated values, shall be binding and final with regard to the compensation for the period covered by the appraisal taken under review by the Commission. (CA Proc #33)
ARTICLE V
The Civil Administrator of the Ryukyu Islands shall promulgate such administrative rules and regulations as are needful for the purposes herein proclaimed. (CA Proc #33)
ARTICLE VI
This Proclamation become effective on the 5th day of December 1953. Given under my hand this 5th day of December 1953.
BY DIRECTION OF THE GOVERNOR:
DAVID A. D. OGDEN
Major General, U. S. Army
Deputy Governor