Kumamoto
We are displayed with mode now at large-scale disaster.

About business authorization

The last update date:
Department of Civil Engineering Land Procurement Division 
TEL: 096-333-2488 
FAX: 096-387-4899 
Email [email protected]o.lg.jp
 

With business authorization

 When the acquisition by any negotiations was difficult, the Compulsory Purchase of Land Act (called "law" as follows) performed just compensation to landowners by decision of Expropriation Committee about land where utilities required promoter of work and set system to let you acquire entitlement to about land which was necessary for promoter of work.

 

 We recognize right (called "eminent domain" as follows.) we expropriate from land to promoter of work after business authorization making the first stage of this land expropriation system, and having judged intention pertaining to business accomplishment of promoter of work and ability, utility of business, presence of contribution to the appropriate and rational use of land about business to raise to each law Article 3 issue or to use.

PDF ■Main procedures for business authorization flow figure [PDF file/167KB]

 

 

Target business (expropriation competence business)

 It is not so whether any business receives business authorization, and eminent domain such as land occurs. Type of business includes constant limitation, and it is necessary to be business (expropriation competence business) about thing corresponding to one of each law Article 3 issue.

  Main things are as follows when they classify business to advocate to each law Article 3 issue by business purpose.

Division

Business example

Traffic distribution relations

Road, parking lot, railroad, harbor, airport

Country maintenance

River, erosion control, prevention of landslide, prevention of steep slope collapse, flood control

Agriculture relations

Farm road, business way which drains of water

Hygiene, environmental conservation relations

Water supply, the sewer, hospital, waste disposal and treatment facility

Education relations

School, public hall, library

The welfare, labor relationship

Social work, ability for occupation development

Public facility of country, local public entity

Government building, experiment station

Facility for the community of country, local public entity

Park, green tract of land, open space, athletic ground

 In addition, eminent domain does not accrue to promoter of work promptly because we correspond to expropriation competence business. Eminent domain occurs to promoter of work for the first time by passing through procedure to authorize that business authorization agency described below meets all requirements (law Article 20) of business authorization.

 

 

Engine of business authorization

 Engine (business authorization agency) disposing of about business authorization is the Minister of Land, Infrastructure and Transport or prefectural governor. We are sorted by range of company place and character of business (law Article 17).

Business authorization agency

Application business

The Minister of Land, Infrastructure and Transport (this ministry)

・Business such as country, incorporated administrative agency

・Private business over circuit of the local maintenance station with company ground 2 or more

The Minister of Land, Infrastructure and Transport (local maintenance chiefs of the bureau)

・Business of the metropolis and districts

・Circuit of the local maintenance station is not, but private business more than the metropolis and districts area

Prefectural governors

・Business of the municipalities

・Private business not exceeding the metropolis and districts area

 

 

Requirements (law Article 20) of business authorization

 Business authorization agency can do business authorization if they meet all four next important matters.

The first requirements: Business relating to thing advocating to one of each law Article 3 issue.

No. 2 requirements: Promoter of work being person having enough intention and ability in pursuance of the business concerned.

No. 3 requirements: Business plan contributing to the appropriate and rational use of land.

No. 4 requirements: There being necessity of public interests we expropriate from land or to use.

 

■Please see this about business certification application to Governor of Kumamoto.

  

Business authorized procedure

 Flows of main procedure for business authorization are as follows.

 

(1) Holding of business briefing session

 Promoter of work takes holding or other measures of briefing session to establish in the Ministry of Land, Infrastructure, Transport and Tourism ordinance (2 of rule Article 1 and 3 of Article 1) beforehand if you are going to receive business authorization and must explain purpose of business and contents to person having interest (14 of law Article 15).

 

(2) Application of business authorization

 If promoter of work is going to receive business authorization, business authorization application and constant attached documents in business authorization agency submission shinakerimasen (law Article 18).

 If business authorization agency performs documents examination of application, and application is defective, we set reasonable time for promoter of work and give an order for revision (law Article 19).

 

(3) Notification, general inspection of application

 When application is set, business authorization agency accepts this and sends copying of part connected with the municipalities concerned among application and attached documents to head of municipality whom the company ground is located (law Article 24 Paragraph 1). We notify prefectural governors who further have jurisdiction over the company ground of so when the Minister of Land, Infrastructure and Transport is business authorization agency and send copying of application and the attached documents (law Article 24 Paragraph 3).

 

 Head of municipality whom the company ground is located notifies name of promoter of work, type of business and company ground publicly, and the public must make copying of business authorization application and the attached documents available for public inspection for two weeks from date of publication (law Article 24 Paragraph 2). During this general inspection period of 2 weeks, person having interest can submit statement of position to prefectural governors about authorization of business (law Article 25 Paragraph 1).

 

(4) Holding of public hearing

 When there was held request for public hearing from party concerned during general inspection period, in the business authorization agency, others open public hearing if it is admitted that it is necessary and must demand general opinion. (law Article 23)

 

(5) Hearing from third-party organization

 If statement of position disagreeing with judgment of business authorization agency during general inspection period is submitted, in the case of prefectural governors, business authorization agency must respect the opinion to listen to opinion of "engine of council or other representative systems" in opinion of "the social capital maintenance council" when business authorization agency is the Minister of Land, Infrastructure and Transport (2 of law Article 25).

 

(6) Business authorized notification

 When we examine application contents and meet all the requirements of business authorization after having passed through these procedure, business authorization is performed.

 Business authorization agency notifies promoter of work of so in document without delay if you do business authorization and must notify general inspection place of drawing displaying name of promoter of work, type of business, company place, reason that authorized business and company place (law Article 26 Paragraph 1). Business authorization inures to the benefit from day of this notification (law Article 26 Paragraph 4).

 In addition, business authorization agency must notify the head of the municipalities where the company ground is located of so if they do business authorization (2 Paragraph 1 of law Article 26).

 

(7) Duty after notification

 As for the head of municipality who was informed of having done business authorization from business authorization agency, the public must make drawing displaying the company ground available for public inspection until on day when authorization of business ceases to be effective or day to receive notice of completion of the acquisition such as land from business authorization agency (2 Paragraph 2 of law Article 26).

 In addition, promoter of work must take measures necessary to disseminate about compensation that these people can receive for landowner and privy promptly if there is notification of business authorization (2 of law Article 28).

 

 

Effect of business authorization

 Effect of business authorization includes next mainly.

 

It is effect pertaining to promoter of work mainly

  • Promoter of work limits within one year from day when we had notification of business authorization and can apply to Expropriation Committee for decision such as expropriation (law Article 39 Paragraph 1).
  • When there is notification of business authorization, as for the promoter of work, (law Article 36) that must make land record and article record enters workpiece in land or the land for these record making and we investigate or can survey (law Article 35).

 

Effect to be concerned with landowners mainly

  • Person who acquired new right after there was notification of business authorization cannot receive compensation from promoter of work except person who succeeded existing right (law Article 8 Paragraph 3).
  • About shape, geological feature of land which affects business about company place if do not receive some, permission of prefectural governors after there was notification of business authorization cannot change (3 of law Article 28).
  • (mortgage creditor, mortgagee are excluded.) such as landowners can request that they should do decision application from Expropriation Committee for promoter of work anytime after there was notification of business authorization (law Article 39 Paragraph 2).
  • (mortgage creditor, mortgagee are excluded.) such as landowners can request payment of compensation money for right except proprietary rights about land or land from promoter of work anytime after there was notification of business authorization (2 of law Article 46).

 

※As secondary effect of business authorization, rightful claimant can receive special deduction for capital gains by Special Taxation Measures Law (50 million yen). Like business that this subtraction cannot receive if we do not receive business authorization and road business or river business, there is business (so-called "*keijigyo") that subtraction can receive even if we do not receive business authorization. For more information about special deduction and *keijigyo, please confirm in tax office of the jurisdiction.

 

Even if it is application of business authorization for the purpose of special deduction for promoter of work mentioned above, we do not change, and, as for the essence of business authorization to give eminent domain to promoter of work, requirements or procedure are identical at all, too.

 

 

Lapse of business authorization

 In the case of next, effect of business authorization is lost.

  • When we did not apply for decision of expropriation or use within one year from day (on day when there was notification of procedure start about land which did procedure reservation (※ later description)) when promoter of work had notification of business authorization (law Article 29 Paragraph 1).
  • When there was not statement of evacuation decision within four years from day when we had notification of business authorization (law Article 29 Paragraph 2). In this case, we are considered that decision of decision procedure start that was already done and acquisition of the right decision were canceled.
  • When, about land where promoter of work reserved procedure for expropriation or use, we did not do procedure petition for commencement within three years (6 of law Article 34).
  • When prefectural governors notified so after there was notification of business authorization when promoter of work did not have we expropriated from land because we abolished all or a part of business or we changed or to use (law Article 30 Paragraph 4).
 

Reservation of procedure

 Business authorization will lapse if it does not do decision application within one year after notification, but it may be difficult in the large-scale business financial preparations, to complete the option acquisition about all of company place from relations such as ability for site paperwork for less than one year or to do decision application.

 In addition, it is expected that situation that is not accepted occurs in this as for the promoter of work when a lot of call is done in large-scale business at a time because we can use decision application right to claim and compensation money payment right to claim that landowner or relevant person is given when there is notification of business authorization immediately.

 

 Therefore we receive business authorization as soon as possible, and company place is settled, but there is system to be able to enter land expropriation procedure anytime as soon as we suspend constant thing among effects resulting from notification of business authorization, and fund and the business execution system are set.

 This is procedure reservation system (law Article 31) and is performed by promoter of work submitting petition of procedure reservation with business certification application (law Article 32 Paragraph 1).

 In addition, as for the promoter of work, business authorization lapses if we do not start procedure within three years from notification of business authorization (6 of law Article 34).

 

 

Formal objection

 We can do query within three months from the next day of day when we had notification of business authorization (law Article 130 Paragraph 1). 

 

 

City planning business and land expropriation system

 About city planning business, we consider this to correspond to business prescribed in one of each law Article 3 issue, and it is decided to apply regulations of law. In addition, about business authorization, we shall change to be able to have the authorization of the enforcement of city planning business or approval (Town Planning and Zoning Act Article 59) and are considered that we do not authorize business (Town Planning and Zoning Act Article 69, Article 70).

 In addition, it is said that we can omit comparison of substitute plan because rationality is considered enough in the case of city planning decision about examination (route plan) of substitute plan in examination of law Article 20 No. 3 requirements when business plan matches with city planning about basic contents.

 

 

Council for business authorization

 If opinion listed below is listed in statement of position submitted to within general inspection period of business authorization application when engine (business authorization agency) disposing of about authorization of business is going to perform the disposal because disposal (refusal of authorization of business or authorization of business) about authorization of business is carried out in fair validity, it is decided to have to respect the opinion to listen to opinion of third-party organization (2 of Compulsory Purchase of Land Act Article 25).

  • That when we meet when business authorization agency is going to authorize business, there is objection about authorizing business
  • Authorizing business when we meet when business authorization agency is going to refuse authorization of business

 In this prefecture, we set up council for Kumamoto business authorization as the third-party organization (7 of Compulsory Purchase of Land Act Article 34,PDF council for Kumamoto business authorization regulations [PDF file/64KB]).

 Council for Kumamoto business authorization is consisting of five committee members now.

 

 

The paperwork situation (the past five years) of business authorization in Kumamoto

The year   

From last year

It is carrying forward of this

The number of application

The paperwork situation

The authorized number

2015

0

0

0

2016

0

0

0

2017

0

0

0

2018

0

0

0

2019

0

0

0

 
※Example of business authorization for the past 10 years
 2010 Yamato-cho office new government building construction and parking lot maintenance business
 Road replacement work for 2012 Tamana-shi new government building construction work and appurtenant work with this and agriculture
 
 

We relate to this page
Inquiry

Department of Civil Engineering Land Procurement Division
Telephone: 096-333-2488
Fax: 096-387-4899
Email [email protected]
(ID: 6921)
※When PDF file is attached as materials, Adobe Acrobat(R) is necessary.
When you look at PDF documents, Adobe Reader is necessary. When you are not displayed definitely, please use the latest version.
Kumamoto prefectural government office   〒 862-8570  6-18-1, Suizenji, Chuo-ku, Kumamoto-shi, Kumamoto Tel: 096-383-1111 (main)
Copyright(C) 2015 Kumamoto Prefectural Government. All rights reserved.