A Socio-Legal study of the influence of merging towns/villages on the Right of Common in the Aso Region

• Project/Area Number: 18530009
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Single-year Grants
• Section: 一般
• Research Field: Fundamental law
• Research Institution: Kumamoto University
• Principal Investigator: YOSHIDA Isamu Kumamoto University, Kumamoto University Faculty of Low, Professor (50037074)
• Project Period (FY): 2006 – 2007
• Project Status: Completed (Fiscal Year 2007)
• Budget Amount: ¥1,250,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥150,000); Fiscal Year 2007: ¥650,000 (Direct Cost: ¥500,000、Indirect Cost: ¥150,000); Fiscal Year 2006: ¥600,000 (Direct Cost: ¥600,000)
• Keywords: Right of Common / Merging towns / villages / the Aso Region / ZAISAN-KU / Administrative Organ for Common / the Merger Agreement

Research Abstract

1 In order to verify the influence of merging towns/villages upon Right of Common, I comparatively researched two examples; one case is the merging of 3 towns into Aso-City and the other is the case of Oguni/Minami-Oguni-Town.
2 In 2005, Ichinomiya-Town, Aso-Town and Namino-Village merged to form one city called Aso-City. During the merger an important difference was discovered; Ichinomiya-Town organized ZAISAN-KU (Administrative Organ for Common) which managed Right of Common, while Aso-Town did not have this set-up. ZAISAN-KU enabled the people their own use and management of traditional Right of Common. Per the Merger Agreement, no new ZAISAN-KU was to be established in the newly formed city; but any pre-existing ZAISAN-KU would be carried over and maintained. Research verified no substantial changes had been made on local villagers' Right of Relation in regards to use and disposal of Right of Common; and Aso-City also formally confirmed agreements between the former Aso-Town and vil lager's unions who had Right of Common. In addition, Aso-City received rates of distribution in cases of lending or disposing of commonage from the former Aso-Town. You might say that some consideration was put into easing the transition of Right of Common during the merger process of Aso-City.
3 Oguni-Town and Minami-Oguni-Town had 2 different existing public policies that require special attention. Oguni-Town carried out a policy of modernization to speed economic use by initiating a re-foresting of the wastelands in the 1950's. However, Minami-Oguni-Town did not adopt this policy; instead opting to respect each villages conventional and communal management of Right of Common. The difference is that in Oguni-Town, even to this day, there is much common land that has become cultivated; while in Minami-Oguni-Town most of the public land belongs to Minami-Oguni-Town and largely remains uncultivated but emvironmentally maintained. Though this was a very difficult obstacle for both cities to overcome, the research proved that it was not the main reason why these towns did not merge.