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Woodland

Posted in Mountains and Woods, Research and Ideas, Rewilding, The Slow Crash by kenelwood on January 24, 2010

Japan, we need an idea to take back the abandoned forestlands. One that doesn’t reek of centrally run industry and tomfoolery. Clearly something needs to be done. I propose Woodland.

Wait…what ?

The run down:

Ever heard of “micronations” ?

……sometimes also referred to as model countries and new country projects — are entities that claim to be independent nations or states but which are unrecognized by world governments or major international organizations. These nations often exist only on paper, on the Internet, or in the minds of their creators.

There are a few in Japan (scroll half-way down the page), but what if someone were to set up one for vast tracks of abandoned Japanese forestlands — to defend, use appropriately and eventually take over ? Reckon to begin with someone’d need to formulate a basic plan or idea, generate a core foundation of tenets and basically figure shit out.

OK, i’ll try it:

” Woodland “

BERJAYA

Woodland Flag

WOODLAND - 森林国 -

Motto: E Silvam Libertas English: (From the forest, Freedom) Japanese: (森林より自由)

    ・Status – current
    ・Area claimed - 2.5 million forest acres, or however many forest acres are abandoned.
    ・Date of foundation - 23 January 2o10 (Today !)
    ・Leadership – Woodland & You
    ・Organizational structure – Free
    ・Language – Ainu, Japanese, English, etc + Woodlandic, sometimes called the Woods dialect.
    ・Purported currency – Forest by-products
    ・Capital – Cross-forest Rights
    ・Ethnic groups - Aynu Itak, Japanese, European+, North American+, Australian, Korean, Chinese, Brazilian, etc.
    ・Demonym – Woodlander
    ・Claimed GDP – None. Friggin’ priceless, man. Fack.
    ・Industries – Forestry Tool Libraries, etc.
    ・Time Zone – JST

Goal 1: Stable forestry, stable forests.

Goal 2: Membership – both human and non-human w/ Flagship (platform).

Goal 3: Acquisitive prescription (取得時効 shutoku jikō), which is the Japanese equivalent of common law adverse possession. “It is completed when a person openly possesses the real property of another for a period of twenty years (Article 162). At the end of this period, such person acquires ownership by prescription.”

Recap:

Woodland is — for all the folks out there that’ve got their eye on abandoned forest land, but just haven’t gone and taken it yet. Woodland ‘openly possesses in writing all the abandoned forest land in Japan’, and if you’re a member of Woodland, so do you, which means in 2o years time if you’re still using/growing/living on that abandoned forest land, you can take it, legally.

Of course, nobody has to take anything if they don’t want to. For that’d just mean the j-gov could tax you. The point of Woodland is making transparent what everyone already knows: that we’re the ones who’ve got to take to the abandoned forestlands. And as a lose collective with a platform (abandoned land listings, community, educational stuff, publicity et al) it may be a whole lot easier to do so.

This could be a novel approach to forest stewardship in Japan – a psychological secession from the central-gov – and, if done right with publicity and endurance, it just might take us all back to the wilderness, forever.

Closing details & how-to:

I don’t know how to explain it other than it would be micro-nation building like we’ve never seen it before – that is, unlike other micro-nations whom attempt to (or not) enforce their alleged sovereignty over a piece of physical land, whom set up their own government, whom claim secession, whom protest, or whom try to evade taxes and or set up shop to host others who’d like evade paying taxes, Woodland could simply be a platform where people can gather to learn that if we follow the rules, it is, in theory at least, possible to legally claim abandoned forest land as your own here in Japan and, more importantly, possible to take back to the forest, right now ! And if enough people are up for the task at hand, a good portion of abandoned forest land can be stewarded, and given time, can be claimed, too. And the claims will likely be easy to process with the j-gov because of what Woodland wholly represents: Sustainable & practical forestry. In adjunct, the rotting and abandoned forest lands generate no tax revenue, so the greater government might actually like this movement !

Points about obtianing abandoned forestry land at present:

1. You can obtain details of individual abandoned forest properties from the J-gov for a small fee.
2. If you find one you like, you can then stake your claim through ‘adverse possession’, or also called in Japan Acquisitive prescription (取得時効 shutoku jikō) (linked to above), which means showing an open intention to continuously occupy the land without permission and without challenge from anybody else.
3. Showing ‘open intention’ means going to the abandoned land and doing something there. i.e. installing a ‘No foreigners’ sign or by making the land work for you by, for example, cutting trees, growing crops, etc. Note: you don’t have to live there !
4. However, at this point the abandoned land is not legally yours yet.
5. Before you can apply to be registered as the owner you have to have occupied the land, without permission, in what amounts to adverse possession for 2o years.
6. Then, finally, if you want to, and if accepted, the land may be registered in your name for free.

Important note: At any time during your adverse possession (even in the last second of the final minute of 11th hour of the 31st day of the 12 month of the 19th year) the original owner can reappear on the scene and legally reclaim his land, w/ no contest. Although it’s rare – for a number of legal reasons the original owner may not want to deal with – it can happen. Also, there are many instances of abandoned forest lands with deceased owners or owners with no heirs who are about to pass away, and it’s these abandoned forest lands that can be used and eventually awarded (by the j-gov) with the greatest ease, especially – like I said – if it’s by a person who is there to actually practice good land stewardship.

Also, lest we not forget that someone could theoretically purchase the abandoned land from the j-gov for a fee while you’re adversely in possession, rendering the goal of obtaining the land for free, unobtainable.

Points about Woodland’s approach to obtaining/using abandoned forest lands:

1.You can be a member of Woodland and obtain details of individual abandoned forest properties for free, exchange ideas and thoughts with fellow Woodlanders, and in general follow steps 2-6 mentioned above. And in 2o years time, whilst veteran members may have a shot at finding themselves the owners of a free chunk of a green and pleasant land, the junior members can also look forward to the day when they can call the forest they use, home. However, Woodlanders’ goals for their respective abandoned forest land can vary – really, anything goes. For example, it isn’t necessary that everyone even try to eventually register (take over officially) abandoned forest land – if they just want to use it for raising goats or squatting on or growing a vegetable garden or planting an orchard, that’s cool ! Or if they’re a few idiots who do something insanely illegal and get arrested, whatever.

For more details read Adverse Possession of Abandoned Land in Japan: A Primer

8 Responses

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  1. BERJAYA learnandgrow said, on January 24, 2010 at 1:21 pm

    Fantastic post, Ken (looks at nearby abandoned mountain). Plots.

    • BERJAYA kenelwood said, on January 24, 2010 at 9:03 pm

      Hey learnandgrow, arigatou.

      (looks at nearby abandoned mountain). Plots.

      That’s the spirit ! I’m already doing the same, and more ! :-)

      ken

  2. BERJAYA learnandgrow said, on April 13, 2010 at 2:10 pm

    “With this seed, [sato imo] I thee claim…”

    First planting today… (shhhhhhhhh)….

    Cheers,

    T

  3. BERJAYA gomu said, on April 17, 2010 at 8:50 pm

    Hate to say it but doing this would make you liable for 20 years of back taxes when you put in the final claim… Of course, you could always refuse to pay, let them confiscate it and carry on as you were doing before… hell, rather than that why even bother claiming it? Land should be common property anyway :-)

    • BERJAYA kenelwood said, on April 18, 2010 at 8:05 am

      Hi gomu,

      Hate to say it but doing this would make you liable for 20 years of back taxes when you put in the final claim…

      Hmmmm, I’ve heard otherwise (from me j-in-laws): considering you’ve never ‘owned’ the place, yer liable for nothing. What’s your source on the ‘being liable for back taxes after 2o years of adverse possession” ?

      I guess the only reason to bother claiming it would be to preserve anything you’ve done at the land thus far (i.e. establishing an orchard, etc.), but – as you say – you then would havta start paying taxes.

      ken

      • BERJAYA gomu said, on April 20, 2010 at 1:35 am

        I was intrigued by the idea and asked a fudosan about it and he said you might find yourself adopting the land with all outstanding liabilities. One man’s opinion only, and let’s face it, he had a vested interest in dissuading folk from doing this. Probably best to consult a lawyer (spit) if considering this.

      • BERJAYA kenelwood said, on April 20, 2010 at 8:34 am

        Hi again gomu,

        I think I mentioned this over at the CL thread, but agriculture land owning families actually use the law of Adverse Possession to get rid of unwanted ag-lands. They simply stop paying due-taxes, and let someone they know (or don’t know) manage the land, or, in other words, keep it aesthetically pleasing with right-angle rows and no weeds. Local governments make far more money off foods and forest by-products and all the oil that goes into producing or tending them, than minuscule land tax revenue. Hush is the word.

        Then, finally, after 20 years has passed, ag-lands can change hankos on paper, smoothly. Back-taxing the person(s) who were in adverse possession of land is simply not part of the culture I believe.

        ken


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