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Back三七五減租農地逾一年未耕作 地主可終止租約收回土地
三七五減租農地逾一年未耕作 地主可終止租約收回土地
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自由时报1 hour agoSociety1 min readChinaView translation

三七五減租農地逾一年未耕作 地主可終止租約收回土地

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台灣實施七十五年的三七五減租制度,規定若佃農逾一年未耕作,地主得終止租約收回土地。隨著佃農後代不再耕作,地主後代欲收回土地,雙方爭議增加,萬丹鄉農會與鄉公所指出,未實際耕作者將面臨土地被收回的法律後果。

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Why It Matters

三七五減租條例於一九五一年實施,將地租上限設為全年收穫量的百分之三十七點五,旨在減輕佃農負擔,並允許承租農民身分代代相傳,直至今日仍有少數租約存在。

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三七五減租農地若非因不可抗力,逾一年未耕作,地主得終止租約、收回土地。 (記者葉永騫攝)

日治及光復初期因佃農負擔過重,收成一半以上可能要給地主,政府遂於一九五一年實施「耕地三七五減租條例」,地租以全年收穫量的百分之三十七點五為上限,租期屆滿時,只要承租農民願意繼續耕作,農民身分的繼承人可以代代相傳,因此至今,仍有少數租約存在,但現今不同於過往,近年不少地主後代想收回土地,而佃農的繼承者始終不願放棄,引發兩造間的爭議和矛盾。

實施七十五年

仍有少數租約

萬丹鄉農會總幹事張枝烈說,三七五減租是最早的土地改革,後來又推出耕者有其田,就是讓佃農以較少的錢買下耕作農地,政府以股票補償給地主,當時的措施讓農民的生活獲得改善,但仍有少數農民還是買不起耕地,所以仍然持續採三七五減租來租用農地,由於實施已長達七十五年,近年來因為不少佃農的子女或繼承者不再耕作,地主的後代想收回土地,才會產生爭議和矛盾,如果佃農繼承者沒有實際從事農耕超過一年,被地主後代發現,就會要求收回租地,因此出現解租、收回土地的訴訟。

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超過一年沒耕作

地主可收回

萬丹鄉公所主任祕書陳敏哲說,各鄉鎮都有三七五減租的耕地,但因為時代改變,有的耕地變更為建地或特定用地,如果是公地要收回,大部分都會以土地價格的三分之一協議收回土地,私人土地則會先協調收回條件,如果佃農繼承者沒有繼續農耕就會被收回,大部分只要地主後代發現後,提出足夠證據,佃農繼承者被收回的機率相當大。

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Open Questions

  • 目前全台仍有多少三七五減租的耕地在實際耕作中?
  • 地主收回土地後,多數用於何種用途?
  • 是否有補償機制協助失去耕作權的佃農繼承者?

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