Kumamoto

About law about promotion of expansion of public land

The last update date:
Department of Civil Engineering Land Procurement Division 
TEL: 096-333-2488 
FAX: 096-387-4899 
Email youchitaisaku@pref.kumamoto.lg.jp

 

Purposes of law about promotion of expansion of public land

 Because local public entities make it easy to acquire required land for public purpose, we buy point of land, and law (called "Act for Promotion of Expansion of Public Land" as follows.) about promotion of expansion of public land establishes report system, offer system as system.

 When landowner performs report, proposing based on this law, local public entities can perform discussion to buy the land with precedence with the landowner.

 When there is when it is located in the mayor, area of town when there is when the land is located in area of city, about report by this Act for Promotion of Expansion of Public Land, desk work pertaining to proposal, the governor (but it is this prefecture by handover of power mayor ※) is to perform.

※Table 37 according to regulations Article 2 about exception of paperwork to belong to Kumamoto prefecture

   

Report (Act for Promotion of Expansion of Public Land Article 4) when we are going to assign land 

 If payment is going to transfer land listed below, landowner, please report to municipalities where land which we are going to assign before contract is located. 

Division

Target land

Area requirements

The city planning area

・Land in area of city planning facilities such as roads had city planning decision of

・Land in area that planned as road, city park, river, and was decided

200 square meters or more

・Land in area designated for urbanization

5,000 square meters or more

・Land in city planning area of non-drawing

10,000 square meters or more

The city planning area outside

・Land in area of city planning facilities such as roads had city planning decision of

200 square meters or more

 

 

Offer (Act for Promotion of Expansion of Public Land Article 5) that you wish to buy

 When purchase of the next land is hoped for for the prefecture, the municipalities, we report to municipalities where the land is located and can do.

Division

Target land

Area requirements

The city planning area

・Land in city planning area

200 square meters or more

The city planning area outside

・Land in area of city planning facilities such as roads had city planning decision of

200 square meters or more

 

 

Discussion (Act for Promotion of Expansion of Public Land Article 6) of purchase

 When report, proposing mentioned above is accomplished, Manager of municipalities sets the prefecture, the municipalities discussing purchase and notifies which did report, proposal for less than three weeks of (when there are not the prefecture, the municipalities which you wish to buy so) that we discuss purchase.

 Person who was informed of discussing purchase cannot refuse discussion of purchase without adequate cause.

 

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Restraint of alienation period (Act for Promotion of Expansion of Public Land Article 8)

 Restraint of alienation period is period forbidden transferring land any place other than the prefecture, the municipalities and is to any of the following after we do report (offer).

  • On day (if discussion failure becomes clear until then) when three weeks pass from day when we had notice of the effect with hope of purchase
  • Day when we had notice of there not being hope of purchase
  • Day when three weeks pass from day when we did report (offer) when there is not either notice mentioned above

 

Penal regulations (Act for Promotion of Expansion of Public Land law Article 32)

 When we correspond to one of each next issue, we may be sentenced to administrative fines 500,000 yen or less.

  • When we hand over land for payment without reporting
  • When we report falsehood
  • When we hand over land within restraint of alienation period

 

FAQs

Q

A

Article 4 (report duty when we are going to assign land) relations

1

With "time when we are going to hand over land for payment", what corresponds other than normal buying and selling? (1)As it is charged transfer, gratuitous conveyance such as contribution, donation is not included.

(2)Other than buying and selling, payment in substitution, charged transfer based on contract including exchange are included because it is transfer. In addition, reservation of payment in substitution and reservation of buying and selling are included as it is "time when we are going to hand over".

(3)Charged transfer of the shares of coownership right is not included in charged transfer only in individual holdings, but is included when we transfer payment with all the joint owners in a lump.

(4)As it is not thing containing transfer of title to land about mortgage, setting of collateral such as real estate right of pledge and right of use setting such as superficies leases, fundamental law is not intended.

(5)Land expropriation, auction (we include disposal by order of court.) by public works project Transfer of title to land which is not based on direct intention of the person including, disposition for failure to pay taxes is inapplicable.

2

Land (factory sites) used for the same use purpose for number brush was reported, but can you accept this? If there is identical person, report is possible and the land has group characteristics even if we go over to number brush and can accept the owner.
In addition, please report individually if landowner of group passes to several people.

3

Person who succeeded to 2,500 square meters of land which existed in area designated for urbanization performed desired proposal of purchase, but received notice of there not being group which you wish to buy from the mayor, the mayor. When we are going to assign, six months later, does payment need report? It is not necessary. We do not apply one year about person who did proposal of law Article 5 Paragraph 1 during until passing day from the day following the date of day that passed of period when law Article 8 prescribes (law Article 5 Paragraph 2).

4

If it is having an area of 200 square meters higher than of having an area of 200 square meters land to assign even if within of part pertaining to area of city planning facility, is notification necessary? Necessary. We buy point of law, and there is area per one contract 200 square meters or more because purpose of system is purpose that is going to find occasion acquiring city planning facility site by local public entities obtaining information about buying and selling of land widely, and part in area of city planning facility is necessary for report 200 square meters even if within.

5

When we report about land to pass inside and outside the city planning area, and to be located, should we judge from area of land in city planning area? Even if, as a whole, you have group characteristics, in land passing inside and outside the city planning area, you should judge by area only for part modifying in city planning area.

6

Is business (charged transfer of performed land without reporting fundamental law) carried out in violation of Honjo effective in privacy law? The privacy law top is valid. There is no express provision that report of law Article 4 assumes effect requirements of business in privacy law. There are regulations of correctional fine about violation.

7

Does one-year report exemption of Honjo Paragraph 2 No. 6 succeed to heir of person whom we told? We are succeeded.

8

When we buy and sell, within report exemption period of Honjo Paragraph 2 No. 6 of one year, is report of assignor necessary for person who is different from the assignee whom we told concerned? Even if assignees are different if assigner is identical person, report is unnecessary.

Article 5 (offer that wish to buy land for local public entities) relations

9

About proposal of land where permission of ownership transfer in Agricultural Land Law is not made, we perform provisional record, can provisional registration holder of a title deed perform proposal? We cannot do it. As permission becomes effect requirements of proprietary rights as for the permission (law Article 3, Article 5) of ownership transfer of Agricultural Land Law, provisional registration holder of a title deed does not become "person owning land".

10

About proposal of land where we sat astride inside and outside the city planning area, as for the part in city planning area, there are only 50 square meters, but becomes 200 square meters or more when we put both together.
Is proposal possible?
It is possible if there are any group characteristics on the land concerned.

11

Is withdrawal of proposal possible? We cannot do it. But landowner cannot accept buying and selling as it is performed in any discussion about buying and selling separately if we perform proposing.

12

There was proposal of purchase of land with building, but, at first, you buy only land, and can you buy about building at the future? We cannot use the land as sites such as public facilities promptly even if we buy only land with building. As such a purchase method is not appropriate, it is proper to buy at land, the building same time.
In this case, as for the purchase based on fundamental law, building becomes the purchase by option only about land.

Article 6 (discussion of purchase of land) relations

13

Is designation of 2 or more purchase discussion groups possible? We cannot do it in principle. But we can set part when there was report about business of large-scale land to call A, the remainder B.

14

Can you discuss only about report or a part of the land where had proposal? Discussion based on Honjo gave primary negotiating rights for purchase of land for local public entities, and the legal character is possible as notice of purchase discussion not to be different at all, and, also, to perform for person who did report or proposal with discussion in privacy law is inducement of application of contract.

  

 

Contact information

 As Manager of municipalities where the land is located performs desk work (report, proposal) about Act for Promotion of Expansion of Public Land, please refer to department in charge of each municipality.

 

Municipalities

Section room name

Person in charge name

TEL

FAX

Kumamoto-shi

The city construction station Department of Civil Engineering site Coordination Division 

Examination group

096-328-2533

096-352-8186

Yatsushiro-shi

The Construction Department site section

Person in charge of site

0965-33-6517

0965-32-8944 (main)

Hitoyoshi-shi

Department of plan policy Planning Division

Person in charge of plan policy

0966-22-2111 (extension number 2226)

0966-24-7869

Arao-shi

Construction Economic Department City Planning Division 

Person in charge of plan

0968-63-1487 (extension number 244)

0968-62-3112

Minamata-shi

The industrial Construction Department City Planning Division

Person in charge of city planning

0966-61-1618 

0966-63-5547     

Tamana-shi

The Construction Department city Maintenance Division 

Person in charge of town development promotion

0968-75-1122

0968-75-1221

Amakusa-shi

The Construction Department construction General Administration Division

Person in charge of policy coordination

0969-32-6794

0969-24-4266

Yamaga-shi

Department of General Affairs secretary policy section

Person in charge of policy coordination

0968-43-1112 (extension number 324)

0968-44-0373

Kikuchi-shi

Policy Planning plan promotion section

Person in charge of plan

0968-25-7250

0968-25-1113

Uto-shi

Planning Planning Division 

Person in charge of plan policy

0964-22-1111 (extension number 825)

0964-22-2928

Uki-shi

Department of Civil Engineering city Maintenance Division

Person in charge of city planning

0964-32-1111 (extension number 1265)

0964-32-0110

Aso-shi

Department of Civil Engineering living environment section

City, environmental person in charge

0967-22-3169 (extension number 1257)

0967-22-3115

Koshi-shi

Department of General Affairs Planning Division

Plan public information group

096-248-1813 (extension number 1255)

096-248-1196

Nagasu-machi

Town development section 

Domiciliation expediter

0968-78-3239

0968-78-1092

Ozu-machi

Department of Civil Engineering City Planning Division

Person in charge of city planning

096-293-4011

096-293-9512

Kikuyo-machi

Department of General Affairs synthesis policy section 

Person in charge of local promotion

096-232-2112 (extension number 206)

096-232-4923

Mifune-machi

General Administration Division

Administration

096-282-1111 (extension number 215)

096-282-2803

Kashima-machi

City Planning Division 

Person in charge of city planning

096-237-2597

096-237-2359

Mashiki-machi

Plan Finance Division

Revival plan person in charge

096-286-3223

096-286-4523

Ashikita-machi

Construction section 

Person in charge of plan

0966-82-2511 (extension number 236)

0966-82-2893

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Inquiry

Department of Civil Engineering Land Procurement Division
Telephone: 096-333-2488
Fax: 096-387-4899
Email youchitaisaku@pref.kumamoto.lg.jp
(ID: 10150)
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