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Back三七五減租農地荒廢逾一年，租約被終止收回
三七五減租農地荒廢逾一年，租約被終止收回
NEWS
自由时报4 hours agoLaw2 min readChinaView translation

三七五減租農地荒廢逾一年，租約被終止收回

三七五減租農地荒廢租約終止

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屏東地方法院判決，李姓男子繼承父親租用的四筆近五分農地，因長期未整理導致雜草叢生超過一年，違反三七五減租條例非因不可抗力不耕作規定，租約被終止，農地將被收回。

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Why It Matters

三七五減租條例是台灣土地改革政策，規定農民若非因不可抗力連續一年不耕作，耕地租約得終止。李姓男子繼承父親租約後長期從事公職，未親自耕作，委託叔叔管理，叔叔過世後農地荒廢。

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三七五減租農地荒廢逾一年，長草不耕種，租約被終止收回。示意圖。（記者葉永騫攝）

曾任金門縣政府建設處長、台北市文化基金會董事長的李姓男子，父親為佃農，在政府實施三七五減租條例時租用4筆近5分農地耕作，李男繼承租約後因為長期從事公職，農地委請叔叔耕作，叔叔過世後，該農地超過1年未整理，導致雜草叢生，引發租約爭議，屏東地方法院認為，三七五減租條例有規定非因不可抗力繼續1年不為耕作，耕地租約得終止，因此判決李男敗訴，耕地將收回。

屏東佃農之子的李姓男子，父親在政府實施三七五減租條例時在內埔鄉租用了4筆近5分地耕作，李男後來從事公職，長年在外，沒有從事農務，父親過世，李男繼承租約後，把農地委託叔叔耕作，但叔叔去世後，農地無人管理，任由雜草叢生，引發地方議論紛紛，租任的單位因此要求終止租約，雙方協調破裂後進行訴訟。

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李男辯稱，農地種植蓮霧，農業部早已建議推廣蓮霧栽培宜採「草生栽培」，即在樹下維持一定之有益雜草生長，可維持地利及生態，較有助於蓮霧樹生長，否認長達1年未整理。

法官認為，根據空照圖、藤蔓、雜草生長等各種情況判斷，該農民超過1年未整理，依據三七五減租條例，非不可抗力繼續1年不耕作，耕地租約得終止，所以判決李男敗訴，耕地將被收回。

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Open Questions

  • 農地是否會重新出租給其他農民？
  • 李男是否會上訴此判決？
  • 農業部推廣的『草生栽培』是否在此案中被正確理解與應用？

Related Topics

三七五減租
People李姓男子李男父親李男叔叔
Organizations屏東地方法院農業部台北市文化基金會金門縣政府建設處
Places內埔鄉屏東縣
Topics農地荒廢租約終止屏東地方法院蓮霧種植草生栽培
This article was originally published by 自由时报.

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