Article 1. The present Law makes exceptional provisions of the City Planning Law concerning the Special City Planning.
The said Special City Planning in this Law means the city planning of the cities (including the section of Tokyo Metropolis where wards exist. This applies to all Articles that follow Article 2 except Article 18), towns and villages which were damaged by the War.
The cities, towns and villages in the preceding paragraph shall be designated by the Competent Minister.
The works of the Special City Planning shall not be carried out by the Administrative Government Office.
Article 2. The Residential Land descrided in this Law means the land other than those which are designated for the public use by the Imperial Ordinance.
The Right of Lease described in this Law means the Right of Lease prescribed in the Leased Land Law and the Leased Land means the Residential Land entitled to the Right of Lease.
Article 3. The Competent Minister, if deemed necessary for the special city planning, may designated Semi-Agricultural zones within or extending outside the sections of the cities, towns and villages described in paragraph 3 of Article 1.
In case the Competent Minister designates the Semi-Agricultural Zone extending outside the sections of the cities, towns and villages described in paragraph 3 of Article 1, the Minister shall consult the authorities of the cities, towns or villages concerned.
The restrictions concerning buildings, engineering works or the exercise of rights within the zone designated in accordance with paragraph shall be prescribed by the Imperial Ordinance in case those restrictions are necessary for special city planning.
Article 4. In case public corporations bear expenses to carry out the works of the Special City Planning by the Administrative Organs in accordance with the provisions of Article 6 of the City Planning Law, the national treasury shall subsidize the corporations fully or partially according to the regulations of the Imperial Ordinance.
Article 5. In case the Administrative Organs carry out the works of land readjustment as the plans of the Special City Planning, the land (except scenic spots, historical sites and old cemeteries) described in Paragraph 1, Article 43 of the Arable Land Readjustment Law (the Law which has been applied to in the provision of Paragraph 2, Article 12 of the City Planning Law. The same applies to the following Articles.) may be included into the area of land readjustment without approval, permission or consent, prescribed in the proviso of the same Paragraph in spite of the provisions of the said Paragraph.
Regarding the land readjustment of the preceding paragraph the Executive Authorities may definitely settle the land readjustment, even before the works in all the fixed areas are completed, in spite of the provisions of Article 31 of the Arable Land Readjustment Law.
Article 6. In carrying out the land readjustment in accordance with the provisions of Paragraph 1 of the preceding Article, the Executive Authorities may, in accordance with regulations of the Imperial Ordinance, purchase land within readjustment area with the consent of landowners (and holders of other rights, such as Superficies, right of lease or permanent tenant-right, if any), without delivering any substitute lot.
In case the Executive Authorities pecuniarily liquidate the lot without delivering any substitute lot, the Authorities may liquidate by money such rights as mentioned in the preceding paragraph.
Article 7. In case the Executive Authorities deem it necessary in order to make proper the size of construction sites in carrying out the readjustment of the land according to Paragraph 1 of Article 5, they may, after consulations with the Committee for Land Readjustment, deliver increased lost to the small-sized ones, or may pecuniarily liquidate them without actually delivering any substitute lost for them.
In case it becomes necessary in order to deliver increased lots to the small-sized ones in accordance with the provision of the preceding paragraph, decreased lots may be delivered for large sized lots.
In case the Authorities deliver increased or decreased substitute lots, as the case may be, in accordance with the provisions of the two preceding paragraphs, superficies, rights of lease or permanent tenant-rights pertaining to those substitute lots may be, totally or partially, pecuniarilly liquidated, or in those cases where pecuniary liquidation is applied without delivering any substitute lots in accordance with the provisions of Paragraph 1, those rights mentioned above pertaining to the former lots may be treated as the same.
Article 8. In case the Exceutive Authorities deem it necessary in order to make proper the size of the leased lots, in carrying out the plan of land readjustment in accordance with Paragraph 1 of Article 5, they may, after consultations with the Committee for Land Readjustment, increase the lot to the right of Lease of the small-sized leased lot and designated the lot or part of it which is the object of right or may pecuniarily liquidate the former right.
The Authorities, if deemed necessary for settling an increased right according to the provision of the preceding paragraph may reduce or liquidate pecuniarily the other rights such as Superficies, Rights of Lease, Permanent Tenant-rights or Servitudes, as far as the rights are settled on the land of the same owner.
In case the Authorities settle increased or decreased right in accordance with the provisions of the two preceding paragraphs they shall pecuniarily liquidate the former right.
Article 9. The meaning of small-sized lot and large-sized lot described in Article 7, and of the small-sized leased lot described in the preceding Article, and other necessary matters described in the two preceding Articles shall be fixed by the Imperial Ordinance.
Article 10. In carrying out the plan of land readjustment in accordance with the provisions of Paragraph 1 of Article 5, the matters concerning the delivering of substitute lots and the matters concerning the rate of compensation prescribed in Article 16 shall be determined after consultations with Committee for Land Readjustment.
Article 11. The Committee for Land Readjustment shall be established for every readjustment area and supervised by Administrative Organs.
The Committee for Land Readjustment shall be composed of the Chairman and other members.
The Chairman shall be elected by mutual votes from among the members of the Committee andthe members of the Committee shall be elected by the landowners and lease-holders respectively within each of readjustment areas.
The landowners and lease-holders except those who shall be prescribed by the Imperial Ordinance shall be enfranchised and eligible for the election of the member of the Committee for Land Readjustment areas.
Article 12. Any necessary matters, except those prescribed in this Law in connection with the Committee for Land Readjustment shall be prescribed in the Ordinance.
Article 13. If it is necessary for carrying out the plan of land readjustment in accordance with the provision of paragraph 1 of Article 5 the Executive Authorities may designate the Expected Substitute Lot.
On designating the expected substitute lot in accordance with the provisions of the preceding paragraph the Authorities shall inform both the owners of the former lot and the owners of the expected substitute lot to that effect. Moreover they shall inform to that effect holders, total or partial, of superficies, right of lease, permanent tenant-rights or pledge of those lands concerned and any other persons prescribed in the Ordinance.(The above-mentioned right-holders and persons prescribed in the Ordinance shall be called the persons concerned in the following articles).
Atricle 14. The owners of the former lots and the persons concerned may use, totally or partially, dating from the next day after they have been informed of the fact mentioned in Paragraph 2 of the preceding Article till the day of the enforcement of land readjustment, prescribed in Paragraph 1 and 2 of Article 7 or Paragraph 1 of Article 30 of the Arable Land Readjustment Law, the expected substitute lot in the same way as they have used the former lot as right but they are not allowed to use the former lot.
The extent of the expected substitute lots within which the persons concerned with the former lots may use in accordance with the provisions of the preceding paragraph shall be informed to those persons concerned together with the information prescribed in Paragraph 2 of the preceding article.
In the case of Paragraph 1, if there exist buildings and other structures in the expected substitute lots or if there are any special reasons, the Executive Authorities may fix newly the date when the use of the expected substitute lot is to be allowed.In this case information to that effect shall be given to the landowners of the former lot and of the expected substitute one and to the persons concerned.
The landowners of the expected substitute lot and the persons concerned may not use the expected substitute lot from the following day of the day when they receive the information prescribed in Paragraph 2 of the preceding article, or from the day of use prescribed in preceding paragraph till the day of enforcement of land readjustment prescribed in Paragraph 1, or Paragraph 2 of Article 7 or Paragraph 1 of Article 30 of the Arable Land Readjustment Law.
In this case when there is a loss to the owners of the expected substitute lot and to the persons concerned because they are not allowed to use their lots. The loss shall be compensated within the limit of estimated loss due to ordinary circumstances.
As is described in Paragraph 3, if there is a loss to the owners of the former lot and the persons concerned because the date of the use of the substitute lot is fixed newly, the loss shall be compensated within the limit of estimated loss due to ordinary circumstances.
Article 15. In carrying out the land readjustment prescribed in Paragraph 1 of Article 5, the Authorities, if deemed necessary, may order the owners of buildings and other structures within the readjustment area to remove the said buildings and structures or order the occupants of those buildings and structures to leave. The notification to that effect shall be made to them at least three months in advance.
When the Authorities in accordance with the preceding paragraph order the owners to remove their buildings or sturctures, they shall designate the expected substitute lots for them.
In case the owners and occupants suffer loss due to the removal or evacuation prescribed in Paragraph 1, the loss, except when there are special provisions prescribed by the Imperial Ordinance, shall be compensated within the limit of estimated loss due to ordinary circumstances.
Article 16. In case the total area of lots within the readjustment area, after the readjustment is effected in accordance with the provisions of Paragraph 1 of Article 6, decreases over 15% as compared with that before the readjustment, the landowners and the persons concerned shall be compensated for such decreased part as exceeds 15% of the former lot, according to the provisions of the Imperial Ordinance.
In carrying out the land readjustment of the preceding paragraph the Authorities may, with the designation of the competent Minister, divide the readjustment area into several districts, and apply the provisions of the preceding paragraph to each district.
Article 17. The amount of compensation in accordance with the provisions of Paragraph 4 and Paragraph 5 of Article 14, Paragraph 3 of Article 15, and the preceding article shall be determined by the Compensation Investigation Committee.
When the amount of compensation is determined in accordance with the preceding paragraph, the Prefectural Governor shall communicate that amount to the persons who shall be entitled to the compensation.
Article 18. The Compensation Investigation Committee shall be established in Tokyo Metropolis, Hokkaido, Prefectures, or in the cities which shall be designated by the Competent Minister. The Committee shall be under the supervision of Prefectural Governor.
The Compensation Investigating Committee shall be empowered to exercise the rights, prescribed in the preceding article regarding land within the area of Tokyo Metropolis, Hokkaido or Prefectures (except the area of cities which shall be designated by the Competent Minister, if any) or cities concerned.
The Compensation Investigating Committee shall be composed of the Chairman and other members.
The Prefectural Governor (or the Mayor of the city designated by the Competent Minister in accordance with the provisions of Paragraph 1. This applies to the articles that follow) shall be the Chairman of the Committee.
The members of the Committee shall be appointed or chosen by the Prefectural Governor from among the first-grade or second-grade officials of the Departments concerned, from among the members of Tokyo Metropolitan Assembly and of Prefectural and Municipal Assembly, and from among persons of learning and experience.
The Prefectural Governor may, if necessary, choose temporary members of the Committee out of members of city, ward, town or village assembly.
Temporary members shall not be admitted to participate in the business of the Committee which is not related to the city, ward, town, or village concerned.
The expenses for the Compensation Investigation Committee shall be defrayed by the public corporations concerned.
Article 19. Any other necessary matters with regard to the Compensation Investigation Committee which are not provided in this Law shall be prescribed by the Imperial Ordinance.
Article 20. When the Executive Authorities are under obligation to pay clearing money or compensation money due to the provisions for Article 6, Paragraph 1 or Paragraph 3 of Article 7, Article 8, or the proviso of Paragraph 1, Article 30 of the Arable Land Readjustment Law, or Article 16, in connection with the rights of land within the area of readjustment to a person who ought to pay cleaning money to the Authorities, the Authorities may counterbalance the latter's obligation with the clearing money or compensation money.But in case the Authorities are enforced to deposit the compensation money or clearing money according to the provisions of Article 25 of the Arable Land Readjustment Law, the Authorities may counterbalance the clearing money the Authorities are inpowered to levy, as far as the clearing money is due to the rights settled on the same land.
Article 21. The clearing money to be levied in connection with the land readjustment by the provisions of Paragraph 1. Article 5 may be paid on the instalment plan with interest as prescribed the Imperial Ordinance.
The interest described in the preceding paragraph shall be regarded as a part of the clearing money.
Article 22. In case there is any surplus clearing money in the land readjustment which shall be carried out in accordance with the provisions of paragraph 1 of Article 5, the surplus shall be reverted to the public corporations concerned.
Article 23. In case the person who was to be levied or to receive clearing money due to his rights of land in carrying out the land readjustment in accordance with Paragraph 1 of Article 5, has transfered to another his right settled on the land, he shall report together with the transferee the fact of transfer without delay to the Executive Authorities of the Land Readjustment with joint signature.
Without the report described in the preceding paragraph the transfer shall not be effective against the Executive Authorities of the Land Readjustment so far as the levying or delivering of the clearing money is concerned.
In case the Executive Authorities have received the report of division or transfer of the rights settled on the land of which the clearing money is to be imposed or delivered, they shall inform, without delay, the persons concerned of the sum of clearing money to be imposed or delivered.
Article 24. When the rights settled on the land, of which the clearing money is to be imposed or delivered, be lapsed, the provisions of the preceding article shall be applied mutatis mutandis.
Article 25. In case the person who is to be compensated in accordance with the provisions of Paragraph 4 and Paragraph 5 of Article 14, or Paragraph 3 of Article 15 or Article 16 is dissatisfied with the amount of the compensation money determined, he may bring suit to anordinary court within a period of three months after the receiving of the information.He shall not be permitted to make a petition to the Authorities or to take the matter to a court of administrative litigation.
Article 26. The provisions from Article 23 to Article 25 of the City Planning Law shall be applied mutatis mutandis to the dispositions based upon this Law or the Ordinances which shall be issued pursuant to this Law.
Article 27. The provisions of Article 25 of the Arable Land Readjustment Law shall be applied mutatis mutandis to the money which shall be paid by virtue of the provisions of Article 6, Paragraph 1 and Paragraph 3 of Article 7, Article 8, Paragraph 4 and Paragraph 5 of Article 14, Paragraph 3 of Article 15 and Article 16.
Article 28. The necessary regulations for carrying out the business of land readjustment in accordance with the provisions of Paragraph 1 of Article 5 may be provided by the Imperial Ordinance in case where the application of the provisions of the Arable Land Readjustment Law is not possible.