Way of thinking about compatibility to each Eminent Domain Law Article 20 issue requirement pertaining to business authorization by Governor of Kumamoto
About examination of business authorization, we decide to confirm about business authorization application, statement of position from party concerned, opinion in public hearing, other documents (objective number) available about the following matters mainly in this prefecture.
The first important matter "business relating to thing advocating to one of each Article 3 issue"
Application business correspond to business (expropriation competence business) of each Eminent Domain Law (we say "law" as follows.) Article 3 issue.
No. 2 important matter "promoter of work being person having enough intention and ability in pursuance of the business concerned"
Have legal faculty that 1 promoter of work enforces application business.
Being given the enforcement faculty legally (e.g., the Minister of Land, Infrastructure and Transport being given the enforcement, management function of national highway in designated section by road law).
Getting administrative disposition (e.g., the authorization of railway business) that promoter of work is required in application performance of business.
Though 2 promoter of work accomplishes application business, have ability such as enough financial power, organization, the system.
No. 3 important matter "business plan contributing to the appropriate and rational use of land"
We judge generally by "comparison weighing" doing "public interest to be provided" and "lost profit" by the enforcement of application business.
In addition, there are many parts for of policy or expertise-like matter, and, about judgment of business authorization agency pertaining to this issue, constant discretion is detected in judgment of business authorization agency.
Law compatibility of 1 business plan
In the presence of technical standards (road structure laws) placed in laws and ordinances, we confirm that we meet the standard concerned.
Comparison between public interest and lost profit weighing to be provided by the enforcement of 2 application business
(1) Public interest (authorization of publicity) to be provided
We inspect about purpose of application business, contents of business plan, effect (we include negative factor accompanied with the enforcement of business such as influence on living environment.) by the enforcement of application business concretely.
(2) Profit (adjustment with profit) that is lost
We inspect about having lost profit or not or degree, reduction measures concretely (representative example of profit lost as follows).
Influence on a conservation of nature
Legality of procedure pertaining to environmental impact assessment and evaluation result
Influence such as i historic spots on cultural assets
Opinions from Board of Education based on the Law for the Protection of Cultural Properties
(3) Comparison weighing
When it is admitted that public interest to be provided is superior to lost profit by the enforcement of business as a result that comparison weighing did public interest to be provided by the enforcement of application business and lost profit, we judge requirements of this issue to fill up.
Comparison with 3 substitutes plan
It is social and weighs against substitute plan from technical and economical point of view and judges rationality of the business plan concerned.
About facility where the position is decided by city planning, we pass for a long term after city planning decision, and circumstances do not have to perform comparison with substitute plan except changing cases.
No. 4 important matter "there being necessity of public interests expropriate from land or to use"
We judge whether there is not place where is short in necessity of public interests about still taking means called expropriation or use even if application business is equal to each requirement from the first to No. 3 as for this issue.
There is the need to enforce 1 application business early.
We see that we take "means of expropriation or use" in terms of time by service performing the enforcement of application business early though it is not necessary to let you show utility early and will limit rights such as landowners more than required.
Range of 2 expropriation or company place that we are going to use consist in necessary range for display of utility of application business.
We see that we take "means of expropriation or use" for display of utility of application business across necessary range spatially and will limit rights such as landowners more than need.
Another rationality of 3 expropriation or use
Judging from degree of regulation, it will limit rights such as landowners more than required to take "means of expropriation" about land which is enough by taking "means of use".
Documents necessary for application of the governor authorization
※"Rule" ... Eminent Domain Law enforcement regulations, "enforcement order" ... Eminent Domain Law enforcement order
Reference materials which business authorization application and attached documents, governor are necessary for in examination are necessary for application of business authorization (law Article 18).
Documents which 1 is necessary for
Business authorization application (law Article 18 Paragraph 1, the rule Article 2 appended form fifth)
"Name of promoter of work," it is necessary to list "reason to apply for authorization of business" "kind of business" "company place that clarified expropriation or use".
[thing to always need]
(1) Business plan (the law Article 18 Paragraph 2 first, the rule Article 3 first)
※Explain using figure, table. We include figure of summary and (as needed) figure of company place choice comparison table and route comparison.
(2) Drawing (law Article 18 Paragraph 2 No. 2) which displays the company ground
Oh, company place position figure (rule Article 3 No. 2 i)
Figure of i company place indication (rule Article 3 No. 2 ro)
(3) Drawing (law Article 18 Paragraph 2 No. 2, rule Article 3 No. 3) which displays business plan
※(illustration of crossing, we include figure of) vertical section depending on (need.)
(4) Document (law Article 18 Paragraph 2 No. 7, rule Article 3 No. 6) which listed state of implementation of measure (business briefing session) that we took based on 14 rules of law Article 15
[thing to attach as needed]
(5) Document (law Article 18 Paragraph 2 No. 3) which proves that it was necessary to enforce allied enterprise
(6) Record (law Article 18 Paragraph 2 No. 4, rule Article 3 No. 4, the rule appended form sixth) about land prescribed in law Article 4
(7) Drawing (law Article 18 Paragraph 2 No. 4, rule Article 3 No. 4) about land prescribed in law Article 4
(8) Statement of position (law Article 18 Paragraph 2 No. 4, rule Article 3 No. 5) of manager of land prescribed in law Article 4
(9) Statement of position (law Article 18 Paragraph 2 No. 5, rule Article 3 No. 5) of administration pertaining to use of statutory land restrictions
(10) License of administration about the business enforcement or statement of position (law Article 18 Paragraph 2 No. 6, rule Article 3 No. 5)
(11) (8) (9), prima facie evidence book as a substitute for (10) (law Article 18 Paragraph 3, rule Article 3 No. 5)
(12) Petition (law Article 32, 4 appended form seventh of rule Article 13) of procedure reservation
[reference materials which the governor is necessary for in examination]
Laws and ordinances concerned, land registry book certified copy, public sectional map, budget handwriting, business schedule, environmental impact assessment, objective (number) data indicating the need, business effect of business, substitute plan examination data
The necessary number of copies of 2 application documents
Business authorization application and attached documents, please submit copying of the number of copies that added 1 to the total of number of the municipalities which one copy of original and company ground keep (rule Article 2, Article 3). Therefore, the necessary number of copies such as application documents becomes at least three copies.
3 application fees
When business authorization applies to Governor of Kumamoto, it is necessary to pay 158,000 yen per one. (law Article 125, enforcement order Article 2, the Kumamoto fee regulations).