name, manufacturing date, specification, type and horse power of the agricultural equipment should be investigated. If necessary, specific marking can be put on the agricultural equipment to take a photo.
The agricultural asset including agricultural equipment of those who started farming activities on the land which was included in project district is not regarded as the property subject to compensation. Even though a person had continued farming activities on the land before the land was included in project district, the agricultural equipment which is purchased after the announcement of the public works under applicable law is excluded from investigation scope.
Therefore special attention should be paid to prevent double counting. If it is considered that the scale of agricultural equipment is too much given the area of farmland or if there is agricultural equipment which is not relevant given the shape and quality of the farmland and crop on the land, there is a possibility that most of the farmland of the owner of the equipment is out of the project district or the equipment is not held by the owner.
Except for the case where more than two thirds of the farmland being cultivated on the district are included in the project district and agricultural equipment becomes obsolete as agricultural activities are closed, it is regarded that there is no loss to the agricultural asset. Therefore relevant data(whole farmland in and out of the project district) should be collected separatedly(Article 48.6 of the Enforcement Rule of Land Compensation Act).
Following information should be investigated.
1. List of ownership of agricultural machine and equipment for each owner(type, manufacturing date and purchasing year, service life, specification, horse power, model number, product number, etc.)
2. Ratio of included farmland area to the whole farmland area for each owner.
3. Timing of the start of farming and acquisition of agricultural machine
4. Whether the farming activities are discontinued or not as more than two thirds of the land are included in project district.
(3) Survey on Farming
The compensation for the loss of agricultural activities is changed to the policy that considers total income from crops per unit cultivation area on average of farming household for each province except for the case where actual income is demonstrated based on actually cultivated crops. Therefore, survey should focus on special crop.
Farming land to be compensated should be investigated by referencing data on agricultural activity support document and those eligible for paying farmland tax from local government. Agricultural activity support document can have different information from actual cultivation area and farmer which are the basis for compensation, on-site survey should be conducted to check the information.
If possible, the survey should be conducted with the participation of farmer and representative landowners, etc. like head of the village or town.
Regardless of land category, cultivation area should be recorded by measuring actually cultivated land. If the cultivation facility is multi-layered within a structure including greenhouse, the basis for measurement is the area of the floor.
If there is a case related to 199.1 below, the case is excluded from compensation for the loss of agricultural activities. Therefore, fact should be investigated and confirmed.
1. If new farming activities start after the announcement of project approval.
2. Fallow ground : Fallow ground should be judged from objective perspective considering farmland, surrounding condition, special circumstances of the farmer. In general the farmland which has not been cultivated for more than 2 years is considered as fallow ground but if the land is not in use
temporarily with special condition of the farmer, the land is not regarded as fallow ground and survey should be conducted on crops grown in the past.
3. In case of managing the crop instead of crop owner for a certain period.
4. In case of cultivating public/state land or unregistered land without any permission.
The methods to determine whether cultivation is stoped temporarily or not are as follows.
1. One should investigate the state of the land by checking shape of furrows, soil quality, surrounding environment, land use plan, trace of crop cultivation, and existence of 1-year-old weed or shrubs older than 2 years.
2. One should make judgement on fallow land considering general condition of farmland or farmer from objective perspective and farmland for which cultivation has not been done for more than 2 years is considered as fallow ground.
3. One should identify data including crop, suspension of farming and farmer on farmland information report which si created by office of village on an annual basis.
Even though crops are not planted and grown using the fertility of soil, if shiitake, oyster mushroom, medicinal herb and other special crops are cultivated on facility by installing log, tray and other structures, they are subject to compensation for lost agricultural activities.
The following cases are not included in compensation scope for lost agricultural activities, therefore the following cases should be investigated(Article 48.3 of Enforcement Rule of Land Compensation Act).
1. The land used as farmland after the date of project approval announcement.
2. Land temporarily used as farm or land used as farmland after illegal change of land shape and quality considering land use plan and surrounding environment.
3. Land cultivated by illegally occupying the land owned by other person.
4. Land cultivated by those who are not farmer(farming corporation or farmer under Farmland Act).
5. Land for which cultivation is allowed for more than 2 years by project operator after the compensation for acquisition.