Land Acquisition for Public Use in JapanCabinet Order on Details of Land Expropriation Act Article88-2 Etc. [ Compulsory Acquisition ] [ Purchase by agreement] Cabinet Decision “The

Land Acquisition & Compensation for Public Usein Japan

－ Outline ＆ Expropriation －

2015/2/18 公共用地補償機構 JOLAC 1

General Incorporated FoundationJapan Organization for Land Acquisition and Compensation

一般財団法人公共用地補償機構

February 18, 2015

JOLAC

(Vice-President, JOLAC )

YAMASHITA Yasuhiro

CONTENTS


Ⅰ Outline

Ⅲ Expropriation

Ⅱ Compensation Theory

2.Organizational Framework

4.System-infrastructure

3.Legal Framework

－ Just Compensation & Due Process －

1.Legal Scheme of Expropriation

2.Procedure of Expropriation

Ⅳ. Recent Trends & Problems

1. Outline of Process

APPENDIX 1 The Constitution of Japan (Extraction)

APPENDIX 2 Civil Code of Japan (Extraction)

APPENDIX 3 Provisions on Life Rebuilding Measures

“The Japan Organization for Land Acquisition and Compensation “


The Japan Organization for Land Acquisition and Compensation was

settled as a public interest corporation with the approval of the Minister of

Construction in 1989, and converted to a general incorporated foundation

with the approval of the Prime Minister in 2012.

Purposes of the Organization are to cooperate with public agencies in land

acquisition or land use for Public Projects and to research and study on

compensation.

① Compensation Consultant Activities

② Researches & Studies on Land Acquisition and Compensation for Public Use

3F Avenue-Otowa Bldg., 2-2-2, Otowa, Bunkyo-ku, Tokyo, 112-0013, Japan

General Incorporated Foundation

ACTIVITIES

INTRODUCTION

2015/2/18公共用地補償機構 JOLAC 4

1.Outline of Process on Land Acquisition for Public Use

Deposit

OK

NO

Survey

Evaluation

Negotiation

Contract

(Compulsory Acquisition)

Land Expropriation

（Purchase by agreement）

Determination for Expropriation

Expropriation Committee

Payment Delivery of Land

Registration

Payment Delivery of Land

Registration

Compulsory Execution

Ⅰ OUTLINE

Explanation

① Project Authorities of Public Works or Public Welfare UndertakingNational GovernmentLocal governments (Prefectures, Municipalities)Incorporated administrative agencies (Urban Renaissance Agency, Japan Water Agency etc.)

Expressway companies, Electric power companies, Railway companiesEtc.

② Compensation Consultants※Contractor of Compensation Consultant Business

Compensation Consultant Registration System (by MLIT in 1984)※MLIT : the Ministry of Land, Infrastructure, Transport and Tourism

about 3000 consultants registered

“Qualified Specialist of Compensation” licensed by JCCA※ JCCA : Japan Compensation Consultant Association


2. Organizational Framework of Land Acquisition for Public use

□ Constitution

3. Legal Framework of Land Acquisition for Public use

□ Purchase by agreement

Guideline & standards on Loss Compensation for Public Use Land Acquisition

Civil CodeEtc.

□Cabinet Decision “The Guideline of Standard for Compensation forLoss Caused by Acquisition of Land for Public Use”

□ Standards of each ministry and agency etc□ “the Standard of compensation for loss Caused by Acquisition of

Land for Public Use Guidelines” of “Yotairen”

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□ Compulsory Acquisition

Land Expropriation ActEtc.

Article 29.The right to own or to hold property is inviolable.Property rights shall be defined by law, in conformity with the public welfare.Private property may be taken for public use upon just compensation therefor.

THE CONSTITUTION OF JAPAN

Article 44:All persons, individually or collectively, shall have the right to ownership. Only

Khmer legal entities and citizens of Khmer nationality shall have the right to own land.

Legal private ownership shall be protected by law.The right to confiscate properties from any person shall be exercised only in

the public interest as provided for under the law and shall require fair and just compensation in advance.

The Constitution of the Kingdom of Cambodia

September 21, 1993（the 1999 amendments）

November 3, 1946

Compulsory Purchase Provisions In The Constitution

［English Translation ］


Acquisition of Title

・For doing the public works in any lands, the public works authority must have a valid Legal Title to such lands.

・As for the title , the public works authority generally acquires ownership of land.※Exceptionally, Leasehold, Superficies, etc.

Acquisition of Ownership

Acquisition of Title

※If the public works were executed at other owner ‘s land without any titles ,compensation for damages might be claimed.

・Ownership ,which has the power of total control to the thing , is “the right to freely use, obtain profit from and dispose of the thing owned, subject to the restrictions prescribed by laws and regulations.”


Method of acquiring land ownership

1.Purchase by agreement general

Acquisition by negotiation

2.Compulsory purchase（Eminent Domain, Expropriation)exceptional

Constitution of Japan§29 , Land Expropriation Act

Purchase by agreement Compulsory purchase

Delivery of landwithout compulsion

Clearout of Land occupation

Acquiring Ownership

Just Compensation

compulsory execution by governor

In general, land acquisition for public projects is not done by procedure under the Land Expropriation Law but by mutual negotiation among the project initiator, the landowner, and interested parties.


Sale of Land

buyer seller

Ownership of LAND

purchase money

the Principle of the Freedom of Contract

The Principle of the Freedom of Contract is the idea that the contract

should be left to the free intention of the parties concerned to reach or

not to reach the agreement. And, have the government and the

society hands off to the contents of the private contracts.

Freedom of Conclusion of a Contract

Freedom of Adversary Party Selection

Freedom of Contract Contents Determination

Freedom of Form

※Correction to The Principle of The Freedom of ContractLand Lease and House Lease Act

Interest Rate Restriction Act

(EX)

Requirements of Perfection of Changes against third parties

in Real Rights concerning Immovable properties


Real Property Registration

Purchase by agreement

Land Acquisition for Public Use Sale of Land for Private Use

Standard for CompensationBy Agreement

Cannot Agree

Compulsory Purchase Cannot buy

Justice ,Equality

(Financial Source: Tax etc.)

(Only -Competent Projects for

Expropriation)

Principle of Freedom of

Contract

・Due Process

Fundamental Human Rights Public Interest※Sovereign Power

Equal Parties

Civil Code

Land Expropriation Act

Purchase by agreement Amount of Purchase Money

Amount of Purchase Money

Agree

・Just Compensation


2015/2/18公共用地補償機構 JOLAC

12

Laws & Regulations (Constitution. Civil Code, Land Expropriation Act etc.)

Standard for Compensation

Real Property Registration Basic Resident Registration(the residence certificate)

（Family Registry ）

Land Prices Public Announcement

Real Property AppraisalCompensation Consultants

Rule & Procedure

assistance by professional

4. System-infrastructure on Land Acquisition for Public Use

What right ?

Whose right ?

Where is the real property?

Where does Owner live ?

Is Owner alive?

Does Owner has any family?

evaluation

Survey

Evaluation

Negotiation

Maps Real Property

Ⅱ COMPENSATION THEORY


THE CONSTITUTION OF JAPAN

Article 29.The right to own or to hold property is inviolable.Property rights shall be defined by law, in conformity with the public welfare.Private property may be taken for public use upon just compensation therefor.

Land Expropriation Act , Chapter6Cabinet Order on Details of Land Expropriation Act Article88-2

Etc.

[ Compulsory Acquisition ]

[ Purchase by agreement ]

Cabinet Decision “The Guideline of Standard for Compensation for Loss Caused by Acquisition of Land for Public Use”

Other standards on Loss Compensation for Public Use Land Acquisition

approximately equal Compensation Level=[exception] Time of Calculating Compensation etc.

Just Compensation Under the Land Expropriation Act

“Just Compensation” under the Land Expropriation Act should be “Full Compensation”, which means the objective value of the acquired property (fair market value) should be provided for compensation.


Under the Land Expropriation Act, compensation for loss should be full compensation, that is, the property value of an aggrieved person does not change before and after condemnation, and the amount should be sufficient enough to acquire alternative land nearby which is equivalent to the land taken.

[Sup. Ct., October 18,1973, 27 Minshu 9, 1210 [1973]]

SUPREME COURT


Principle of Individual Payment

Compensation for losses shall be made to each individual involved.

However, this shall not apply to the case it is difficult to individually

estimate the compensation amounts.

Method of Compensation

Compensation for losses shall ,in principle, be made with money.

In the case the holder of right requests that the loss be compensated with

the offer of land or building etc. as the substitute of compensation money,

efforts shall be made to make such offer in kind as far as possible, provided

that the request is considered to be reasonable and cannot be met

otherwise.

In order to provide comprehensive requisites for compensation and its calculation ,and ,thereby , to ensure smooth implementation of the public project and appropriate compensation for loss, the Cabinet decided on “The Guideline of Standard for Compensation for Loss Caused by Acquisition of Land for Public Use” in 1962.

As under this guidelines, each ministry and agency enacted or amended the

standards of compensation for loss immediately.The Liaison Conference for Measures on Acquisition of Land by public

works enterprises and organs – generally called “ the Yotairen” made internal detailed standards－“the Standard of compensation for loss Caused by Acquisition of Land for Public Use” －in 1962.

① Guideline by Cabinet decision

② Yotairen Standards


System of Purchase by agreement (Acquisition by negotiation)

Guideline & standards

Outline of Compensation for Loss by Land Acquisition

[1] Compensation for Rights

Compensation for Land

Compensation for Ordinary Loss Caused by Land Acquisition

Compensation for Removal of Building

Compensation for Business Loss

etc.

Land Acquisition

[2]



Price of Land

On the basis of the Normal Transaction Price

Price of land shall be calculated on the basis of the following materials , and

shall be determined after over all comparison and evaluation

a) Comparison with normal transaction price in the market

b) Public Notice of Land Prices by national government & Standard Land

Prices by local governments

c) Appraisal Prices by Real Estate Appraiser

d) Others

※Public notice of land prices

It is to show the general public sound prices for standard land as of January 1 every year

under the Public Notice of Land Prices Law.


Land

Building

Ownership

Ownership

Land

Building Ownership

Land Expropriation

Removal of Building

(In principle)

Compensation

Compensation

Japan

Many Other Countries

Expropriation

Ownership of real estate －Distinctiveness of Japan


REFERENCE

Ownership of Land

Lease of Land

Lessee =Owner of Building

Lessor = Owner of Land

Lessee =Tenant of Building

/Residents

Lessor =Owner of Building

Ownership of Building

Mortgage

Mortgage

(Bank)

(Bank)

Lease of Building

[ Example ] rights on Land & rights on Building


※In Japan, land is regarded as a separate asset from buildings.

※There is a property holding system called “land lease”: the ownership of a building only, excluding the land.

A land lease is only granted under a provision that the building is owned by a different party from the actual landowner.

REFERENCE


Compensation for Remaining Land


Remaining Land :

the rest of the land acquired for a public project

Acquired for

public use

◆If the remaining land is so narrow as to cause the decline in price or the value of

use due to difficulty in usage , compensation shall be made to cover such loss ,

or ,depending on the situation, the remaining land is acquired.

.

COMPENSATION FOR ORDINARY LOSSCaused by Land Acquisition

EX. Compensation for removal expenses

Compensation for business loss

for which any landowner who is deprived of rights to land can claim compensation, under usual circumstances, for unavoidable economic loss caused by condemnation, but he or she cannot claim for loss under special circumstances.

Compensation for Ordinary Loss ;


2.Expropriation(Compulsory Purchase)

①Compensation for Land or Rights on land

at the time of Notification of Project Recognition

(※Revision Rate Corresponding to

the changes of prices)

②Compensation for Ordinary Loss

at the time of Determination for Vacation

1.Purchase by Agreement

at the time of Concluding the Contract


Time of Calculating Compensation

Fixed Price

Determination for Acquisition of Right

Notification of Project Recognition

Planning

Market Price Speculation or Expectation

Amount of Compensation

Price Increase

Price Decrease

Land to be Expropriated

The revision rate corresponding to the changes of prices(Land Expropriation Law§71)

The fair price calculated by considering the transaction prices of the similar lands in the neighborhood

Amount of Compensation for Land in the Land Expropriation

Land Expropriation Law

belong to Project Authority


Ⅲ EXPROPRIATION

Land Expropriation Act(Act No.219 of 1951)

Under Article 29, Paragraph 3 of the constitution, the Land Expropriation Act was enacted in 1951 as a general statute concerning compulsory acquisition of land for public purpose.

（Compulsory purchase, Compulsory acquisition, Expropriation, or Eminent Domain）


System of Expropriation

Land Ownership

Building

Rights on Land

Private OwnerProject Authority

Outline of Land Expropriation

Compensation Acquisition of Ownership

※Extinction of Rights

Land Expropriation Procedure

registration


Delivery of Land


LAND LAND

Legal Scheme of Expropriation in “the Land Expropriation Act” of Japan

Project Authority

Project Recognition Authority（Minister of LIT/ Governor of Prefecture）

Expropriation committee

of Prefecture

Owner /Relevant Persons

who have rights on the land

※With regard to city planning projects, the Land Expropriation Act §20 ( the Project Recognition )shall not be adapted , but the

approval or recognition of City planning projects by City Planning Act shall be substituted for it.

Determination for

ExpropriationDelivery of Land Loss Compensation

(Exercising their authority independently )

Examination

Determination

Compensation for Losses

Date of Right Acquisition

Time Limit of Land Delivery etc.

［Actor of Expropriation］

Pro

ject R

eco

gn

ition

Pro

ce

ss

Exp

rop

riatio

n C

om

mitte

e P

roce

ss


Acquisition of Right

Legal Scheme of Expropriation in “ Law on Expropriation ” of Cambodia

The state is the only party that carries out expropriation

Government

Expropriation CommitteeComplaint Resolution Committee

Owner of immovable property

and/or rightful owner

Ministry/Institution

Project Implementer

Approval of the Declaration of Expropriation Project

Survey of Lights of Owners and/or Rightful Owners

Recording Description of Rights & Related Problems

Public Consultation with Authorities

Declaration of Expropriation ProjectDecision on Expropriation

(Ownership & Real Right to be Expropriated Compensation

Deadline for Moving from Location)Request of Taking Measures for Leaving the Location ( to

Competent Institutions or Authorities )

Co

mp

lain

t to

De

cis

ion

of E

xp

rop

ria

tio

n C

om

mitte

e

Decision on Complaint to

Expropriation Committee ‘s Decision

led by representatives of Ministry

of Land Management, Urban

Planning and Construction

led by a representative of Ministry of Economy and Finance

State Enterprise or Public Establishment, Contractor or Investor.


REFERENCE

Organization for Expropriation Procedure

Minister of LIT・Project of which Project Authority is State or Prefecture

・Project on Important Harbor, Railway, Public Airfield etc. which will affect the interests of an area beyond the area of one prefecture etc.

Prefectural Governor Other Projects


Expropriation Committees of Prefectures

・7 members( appointed by Prefectural Governor)・Committees shall exercise their authority independently


Project RecognitionProject Recognition Authority

47 committees


OUTLINE Of EXPROPRIATION PROCESS (Land Expropriation Act)

Explanatory Meeting for The Project

Application for Project Recognition (Project Authority)

Public Notice & Inspection of Written Application

Public Hearing

Public Notice of Project Recognition （ Project Recognition Authority ）

Drawing up of Statement of Land & Articles (Project Authority)

Application for Determination

Examination by Expropriation Committee

Determination for Right Acquisition & Determination for Vacation(Expropriation Committee )

Payment of Compensation (Project Authority)

Acquisition of Right (Project Authority)

Delivery of Land or Article

Administrative Compulsory Execution Process

Application for Substitute Execution by Administration (Project Authority)

Substitute Execution by Administration ( Governor)

Project RecognitionProcess

Expropriation CommitteeProcess

for Public Use

forJust Compensation

※Exception of City Planning Projects


NO

Land Expropriation Act

Project AuthorityOwner of Land Relevant Persons who have rights on the land


Payment or Deposit Compensation Money

Delivery of Land /Removal of Articles

Substitute Execution by Administration

Project Recognition Authority（Minister of LIT/ Governor）

Owner of Land Relevant Persons


Application for Determination

Determination for Right AcquisitionDetermination for Vacation

Reconciliation

Governor

Determination of Rejection

Owners of Land etc.

(The case of expropriation of land )

Application for Project Recognition

Project Authority

Project Recognition

Examination

Project RecognitionProcess

Expropriation CommitteeProcess

Administrative Execution Process

within 1 year


Competent Projects for expropriation

The Land Expropriation Act（ §3 ） enumerates projects that may expropriate

land . Road construction , river improvement, water supply , railway ,

construction , waste disposal facilities etc. are examples.

① Competent project s for expropriation by Land Expropriation Act §3

②Competent project s for expropriation by other lows

City planning projects of the City Planning Act shall be deemed to be

projects of the Land Expropriation Act § 3 by the City Planning Act

69.

※City planning projects: projects for the improvement of a city

planning facility and urban development projects having obtained

permission or approval under City Planning Act §59.

With regard to city planning projects, the Land Expropriation Act

§20 ( the Project Recognition by minister or governor )shall not be

adapted , but the approval or recognition of City planning projects by

City Planning Act §59 shall be substituted for it.


2015/2/18 公共用地補償機構 JOLAC

Original Data Source: MLIT

※ City Planning Projects are included

252

227

194

142

224

175

193 193

211

193

180

199209

161

174180

153

113 112

139

178

203

146134

124

171

152149

19 1622

6

1911 8 6

13 916 13

8 10

5144 46

3729

57

8

2636

2717

3545

34

0

50

100

150

200

250

300

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Apprication

Determination

Reconciliation

Withdrawal

“Determination for Right Acquisition” by Expropriation Committee( Land Expropriation Act)

33


Rule of “Application at the appropriate time”

on the Expropriation Procedure

◆After Setting up Piles for Site Width : 3 years

◆Land Acquisition Rate : 80%

or

Application for Project Recognition

Preparation for Expropriation Procedure

in principle

2015/2/18公共用地補償機構 JOLAC

35

Expropriation committee

of Prefecture

Project Recognition Authority

Project Recognition


Project Authority

Owner /Relevant Persons

Filing a Lawsuit

Judicial Court

◆Vs. State or Prefecture（Project Recognition

Authority）◆Vs. Prefecture(Expropriation Committee)

◆Vs. Project Authority / Vs. Owner /Relevant

Persons (a suit concerning the Determination

on compensation for loss)

Lawsuit on Land Expropriation

Ⅳ. RECENT TRENDS & PROBLEMS


１．Acceleration of Expropriation Procedure

※Recovery & Reconstruction from the Great East Japan Earthquake（２０１１．３．１１）

3. Life Rebuilding Measures

2.Countermeasures to Missing Person Problem

●Management of Absentee Property

●Adjudication of Disappearance

Administrator of Absentee Property

●Expropriation Procedure

Article 11. The people shall not be prevented from enjoying any of the fundamental

human rights. These fundamental human rights guaranteed to the people by this

Constitution shall be conferred upon the people of this and future generations as

eternal and inviolate rights.

The Constitution of Japan

Constitution November 3, 1946

Article 12. The freedoms and rights guaranteed to the people by this Constitution

shall be maintained by the constant endeavor of the people, who shall refrain from

any abuse of these freedoms and rights and shall always be responsible for utilizing

them for the public welfare.

Article 16. Every person shall have the right of peaceful petition for the redress of

damage, for the removal of public officials, for the enactment, repeal or amendment

of laws, ordinances or regulations and for other matters; nor shall any person be in

any way discriminated against for sponsoring such a petition.

(Extraction)


APPENDIX 1

Article 31. No person shall be deprived of life or liberty, nor shall any other

criminal penalty be imposed, except according to procedure established by

law.

Article 17. Every person may sue for redress as provided by law from the State or

a public entity, in case he has suffered damage through illegal act of any public

official.

Article 29. The right to own or to hold property is inviolable.

Property rights shall be defined by law, in conformity with the public welfare.

Private property may be taken for public use upon just compensation therefor.


Civil Code of Japan

Act No. 89 of April 27, 1896

(Fundamental Principles)

Article 1 Private rights must conform to the public welfare.

(2) The exercise of rights and performance of duties must be done in good faith.

(3) No abuse of rights is permitted.

(Custom Inconsistent with Default Rules)

Article 92 In cases there is any custom which is inconsistent with a provision in any law or regulation

not related to public policy, if it is found that any party to a juristic act has the intention to abide by such

custom, such custom shall prevail.

(Extraction)

(Public Policy)

Article 90 A juristic act with any purpose which is against public

policy is void.

(Manifestation of Intention Inconsistent with Default Rules)

Article 91 If any party to a juristic act manifests any intention which is inconsistent with a

provision in any laws and regulations not related to public policy, such intention shall prevail.

□ [ Principle ]


APPENDIX 2

(Requirements of Perfection of Changes in Real Rights concerning Immovable properties)

Article 177 Acquisitions of, losses of and changes in real rights concerning immovable

properties may not be asserted against third parties, unless the same are registered pursuant to

the applicable provisions of the Real Estate Registration Act (Act No. 123 of 2004) and other

laws regarding registration.

(Real Estate and Movables)

Article 86 Land and any fixtures thereto are regarded as real estate.

(2) Any Thing which is not real estate is regarded as movable.

□ [ Real Estate ]

(Content of Ownership)

Article 206 An owner has the rights to freely use, obtain profit from and dispose of the Thing

owned, subject to the restrictions prescribed by laws and regulations.

□ [ Real Right ] §175－

（□ Possessory Right §180－）

□ Ownership§206－

(Use of property in co-ownership )

Article 249 Each co-owner may use the entire property in co-ownership in proportion to his/her

share.


(Content of Superficies)

Article 265 A superficiary shall have the right to use the land of others in order to own structures,

or trees or bamboo, on that land.

(Content of Servitudes)

Article 280 A person entitled to a servitude shall have the right to make lands of others

available for the benefit of their own lands in accordance with purposes prescribed in the acts

establishing the servitudes; provided, however, that those rights should not violate the

provisions (limited to those that relate to public policy) under Section 1 of Chapter III (Extent of

Ownership).

□ Superficies §265－

□ Servitude§280－

(Content of Mortgages)

Article 369 A Mortgagee shall have the right to receive the performance of his/her claim prior

to other obligees out of the immovable properties that the obligor or a third party provided to

secure the obligation without transferring possession.

□ Mortgage §369－

□ Security Interest ]


□ Claim §399－

□ Contract §521－

□ Sale §555－

(Sale)

Article 555 A sale shall become effective when one of the parties promises to transfer a certain real

rights to the other party and the other party promises to pay the purchase money for it.

□ Lease §601－

(Leases)

Article 601 A lease shall become effective when one of the parties promises to make a certain

Thing available for the using and taking the profits by the other party and the other party promises to

pay rent for the same.

(Damages due to Default)

Article 415 If an obligor fails to perform consistent with the purpose of its obligation, the obligee shall

be entitled to demand damages arising from such failure. The same shall apply in cases it has become

impossible to perform due to reasons attributable to the obligor.

(Scope of Damages)

Article 416 The purpose of the demand for the damages for failure to perform an obligation shall be

to demand the compensation for damages which would ordinarily arise from such failure.

(2) The obligee may also demand the compensation for damages which arise from any special

circumstances if the party did foresee, or should have foreseen, such circumstances.



(Adjudication of Disappearance)

Article 30 (1) If it is not clear whether the absentee is dead or alive for 7 years, the family court

may make the adjudication of disappearance at the request of any interested person.

(2) The procedure of the preceding paragraph shall likewise apply with respect to any person who

was engaged in any war zone, was aboard any vessel which later sank, or was otherwise exposed

to any danger which could be the cause of death, if it is not clear whether such person is dead or

alive for one year after the end of the war, after the sinking of the vessel, or after the termination of

such other danger, as the case may be.

(Effect of Adjudication of Disappearance)

Article 31 Any person who has become the subject of the adjudication of disappearance pursuant

to the provision of paragraph 1 of the preceding Article is deemed to have died upon elapse of the

period set forth in such paragraph, and a person who is the subject of the adjudication of

disappearance pursuant to the provision of paragraph 2 of the same Article is deemed to have

died upon the termination of such danger.

(Administration of Absentee Property)

Article 25 (1) In cases any person who has left his/her domicile or residence (hereinafter referred

to as "absentee") did not appoint an administrator of his/her property (hereinafter in this Section

referred to simply as "administrator"), the family court may, at the request of any interested person

or a public prosecutor, issue an order for necessary actions for the administration of such property.

The same shall apply in cases the authority of the administrator ceases to exist during the absence

of the absentee.

□ Management of Absentee Property

□ Adjudication of Disappearance


(Deposit)

Article 494 If an obligee refuses, or is unable, to accept the performance, the person who can make

the performance (hereinafter in this Division referred to as the "performer") may be relieved from

his/her obligation by depositing the subject-matter of the performance with an official depository. The

same shall apply in cases the performer is unable to ascertain the obligee without any negligence on

the part of the performer.

(Method of Deposit)

Article 495 (1) The deposit pursuant to the provision of the preceding Article must be made with

the official depository having jurisdiction over the district where the relevant obligation must be

performed.

□ Deposit

(Enforcement of Performance)

Article 414 If an obligor voluntarily fails to perform any obligation, the obligee may request the

enforcement of specific performance from the court; provided, however, that, this shall not apply to the

cases where the nature of the obligation does not permit such enforcement.

(2) In cases the nature of the obligation does not permit the enforcement of the specific performance, if it

is an obligation for an act, the obligee may request the court to cause a third party to perform such act at

the expense of the obligor; provided, however, that with respect to any obligation for any juristic act, the

manifestation of intention of the obligor may be achieved by a judgment.

(4) The provisions of the preceding three paragraphs shall not preclude demanding damages.

□ Enforcement of Performance

(Damages in Torts)

Article 709 A person who has intentionally or negligently infringed any right of others, or legally

protected interest of others, shall be liable to compensate any damages resulting in consequence.

(Compensation for Damages Other than Property)

Article 710 Persons liable for damages under the provisions of the preceding Article must also

compensate for damages other than those to property, regardless of whether the body, liberty or

reputation of others have been infringed, or property rights of others have been infringed.

□ Tort



Provisions on Life Rebuilding Measures

“On Enforcement of The Guideline of Standard for Compensation for Loss Caused by Acquisition of Land for Public Use”(1962 Cabinet agreement)

If necessary ,Project Authority shall make an effort to take the followingmeasures for Life Rebuilding

・Mediation of acquisition of land or building・Introduction or the guidance of the occupation

□

□ The Guideline of Standard for Compensation for Loss Caused by Acquisition of Land for Public Use(1962 Cabinet Decision)

◆§45 (Compensation for Remaining Residents)

If there is reason to believe that use of the land subject to the

acquisition or use of land and others for the project isolates persons

from their own community, causing a significant loss to them

beyond an acceptable level , compensation shall be made to the

persons , upon their request, at an amount considered reasonable

according to conditions peculiar to each person.

APPENDIX 3


□ Revision of “Land Expropriation Act”in2001

In 2001, Article 139-2 (Life Rebuilding Measures ) is added by the Partial revision of Land Expropriation Act (Act No.103 of 2001).Under some requirements by this Article, Project Authority shall

make an effort to mediate the following measures for Life Rebuilding to the person who comes to lose base of life by offering land for project .

– Acquisition of Land ,Acquisition of Building,Introduction , Guidance or Training of Occupation .

◆ §46(Compensation for Unemployed Persons)

If there is a reason to believe that the use of the land subject to the

acquisition or use of land and others causes a persons employed by the

holder of title, right or interest in the land and others to lose his job, and

that the person cannot earn income until he finds other job, compensation

shall be made to the person, upon his request, at an amount that is

considered reasonable within the limit equivalent to the previous wage, for

the period which is normally required for job finding.

Documents

Land Acquisition for Public Use in JapanCabinet Order on Details of Land Expropriation Act Article88-2 Etc. [ Compulsory Acquisition ] [ Purchase by agreement] Cabinet Decision “The