With land expropriation system
Various utilities such as road, railroad, water supply, school are required so that society moves into action smoothly.
We need the acquisition of new land, but landowner reaches against business, and business itself becomes impossible, and trouble occurs in indemnifiable loss in many cases for society so that promoter of work (country, local public entity, public service industry worker) carries out these utilities when dissatisfaction gaattarinadode cannot acquire land optionally.
Therefore system to enable that we acquire this forcibly is required even if against intention of landowner when we need land for specific utilities. This system is land expropriation system, and law to become the basics is Eminent Domain Law.
The Compulsory Purchase of Land Act with "yo hirukotogadekiru for the community in this based on just compensation as for the private property" of the third paragraph of Article 29 of the Constitution, about "expropriation such as lands which are necessary for business to become public interest or use, plan increase of public interest and adjustment with private property and, based on regulations, is set for the purpose of having, and contributing to the appropriate and rational use of country".
The Compulsory Purchase of Land Act divides procedure for land expropriation into two phases of "expropriation decision" to decide "business authorization" (constitutional procedure to authorize that it is "yo hiru thing for the community") and fair amount of compensation judging utility of business (procedure to establish constitutional "just compensation") and is comprised of such a purpose.
In addition, the governor (execution by proxy agency) can do execution by proxy by request of promoter of work when landowners do not perform duty of delivery and article move of land.
■Main procedure flow figures [PDF file/164KB] in the Compulsory Purchase of Land Act
■It is this about "business authorization" in detail
■It is this about "expropriation decision" (Expropriation Committee) in detail
What kind of time are you utilized at?
It is apt to be considered that we hear with land expropriation like very special case. When it has you surely provide land as utilities site, it is principle that we talk with about between the people concerned and agree in buying and selling, rental contract, and contract with. However, when we can never contract without story being unified, we utilize expropriation system, and there are many cases that solution of dispute is planned.
- Difference of opinion about compensation is not buried between landowner and cannot contract with promoter of work.
- For distrust of promoter of work, distrust of utilities itself, we cannot contract.
- Landowner understands compensation contents, but cannot contract without leases being able to be agreed upon between other rightful claimants of having and.
- As owner (full name, address) with fight cannot identify, proprietary rights cannot contract.
Expropriation system is utilized in nadono case.
In addition, about land which cannot identify owner, there is case which system of the Land Law of unknown owner is available to.
■It is this about "the Land Law of unknown owner" in detail
We say that we acquire property rights such as land forcibly even if against intention of landowner based on just compensation when we cannot acquire land required for specific utilities (business to be public interest) for option or we abolish. For property right targeted for expropriation, there are articles settling in land such as right, building other than land.
|When it is not necessary to do until expropriation, it is said that use will do. For example, there are cases to use land forcibly as material place during construction period. In addition, there is use that part of use of land including space use and use under the ground is limited.|
|Promoter of work
||We say person enforcing utilities enumerated by the Compulsory Purchase of Land Act (Article 3) including road and school.|
We say person (hire incarnation of the land concerned) whom promoter of work has right except proprietary rights about expropriation or land which we are going to use and person having right about article in the land concerned (owners of building on the land concerned correspond).
It is to authorize that it is business appropriate for business authorization agency (the Minister of Land, Infrastructure and Transport, local maintenance chief of the bureau or prefectural governors) expropriating from land about utilities such as road or school. At first, this business authorization is necessary we expropriate from or to use.
We say person (affected person by the enforcement of business) having interest about business authorization without being limited to landowner, rightful claimant.
||Expropriation Committee is administrative committee placed in each metropolis and districts based on the Compulsory Purchase of Land Act. It is authorized to give a decision to hear opinion by viewpoint neutral justly by promoter of work and rightful claimant to plan public interest and adjustment with private property. Committee is comprised by seven committee members whom the governor appoints with the approval of the metropolis and districts assembly from person having experience and knowledge about law, economy, administration. Committee member is appointed by the governor, but performs the official authority from the governor and other engines independently.|
It is the final judgment that Expropriation Committee performs and is one of the administrative action. There are "decision of rejection" and "decision of expropriation or use". Decision of expropriation or use includes two of "acquisition of the right decision" and "evacuation decision".
|Acquisition of the right decision
We decide time when compensation for loss, promoter of work for area of land to expropriate from, method of use and period, land acquire title to estate, and promoter of work must pay compensation money of land by the time.
||We decide time limit to evacuate compensation for loss, land or building about moves of articles such as buildings in land, and promoter of work must pay compensation money that is necessary for move and evacuation by the time limit.|
|Execution by proxy
||By time limit of evacuation set in the evacuation decision, we deliver land or article to promoter of work or should transfer article and are to let prefectural governors do act that person of oneself duty should do by request for promoter of work when person does not carry out the duty or do third party and do this.|
|Notification, general inspection
Notification means that we tell general person by methods such as notices. General inspection means that it allows you to read documents in anyone.
(reference) Great revision of 2001 of the Compulsory Purchase of Land Act (we say "law" as follows.)
Background of 1 revision
If it was so-called public works project before now, it was said that we could estimate utility easily. However, by change of social economic situation, points of view such as environmental problems were added, and it was merely vital factor for profit that not only lost personal profit but also thing such as adverse effects to ecology and the outskirts inhabitants of the animals and plants brought by the business concerned was lost.
In addition, a lot of cancellation suit and protest for business authorization were filed, and having utility or not was competed for in that, and it was provided a lot voice to expect holding of public hearing for business authorization agency by interested party.
Furthermore, in the expropriation decision procedure, trial procedure was late by "claim about utility of business" out of authority of Expropriation Committee being originally repeated during Expropriation Committee trial, and problem such as being connected occurred for delay of the whole expropriation procedure, and eventually.
Purpose and purpose of 2 revisions
Therefore, also, by reviewing the whole expropriation procedure in figure which stood on original role allotment, it aimed at establishment of new rule of land expropriation system in the business authorized procedure to find transparency, fairness characteristics by guaranteeing procedure of information disclosure, inhabitants participation so that authorization of utility of business supported conjugation of social conditions precisely so that expropriation decision procedure devoted itself to decision of "just compensation" that was the original role.
Main contents of 3 revisionsReview of business authorized procedure
(1) Held imposition (14 of law Article 15) of prior briefing session by promoter of work
(2) Held imposition (cases that ※ held request included) of public hearing (law Article 23 Paragraph 1)
(3) Imposition (when there is submission of statement of position opposite to disposal of ※ business authorization agency) of hearing from third-party organization (2 of law Article 25)
(4) Public announcement (law Article 26 Paragraph 1) of authorized reason
Review of expropriation decision procedure
(1) The foundation (person having common interests in the case of majority) of representative person concerned system in Expropriation Committee trial (2 of law Article 65)
(2) Rationalization (when refer cash to registered mail, and send out, decision does not lapse) of futsutohoho such as compensation money (2 of law Article 100)
(3) About land record and article record the foundation (law Article 36, 2 of law Article 36) of expansion of representation signature procedure by head of municipality and exception procedure
(4) Rearranging (cannot insist on dissatisfaction for business authorization) such as claims in Expropriation Committee trial procedure (law Article 43 Paragraph 3, law Article 63 Paragraph 3)