Land Expropriation Law
法令番号: 法律第219号
公布年月日: 昭和26年6月9日
法令の形式: 法律

審議経過

I hereby promulgate the Land Expropriation Law.
Signed:HIROHITO, Seal of the Emperor
This ninth day of the sixth month of the twenty-sixth year of Showa (June 9, 1951)
Prime Minister　YOSHIDA Shigeru
Law No.219
Land Expropriation Law
Contents
Chapter I General Provisions(Articles 1-10)
Chapter II Preparation for Project(Articles 11-15)
Chapter III Recognition of Project(Articles 16-30)
Chapter IV Procedures of Expropriation or Use
Section 1 Public Notice of Details of Land and, Negotiation(Articles 31-41)
Section 2 Arbitration of Expropriation Committee(Articles 42-50)
Chapter V Expropriation Committee
Section 1 Organization and Powers(Articles 51-59)
Section 2 Meeting and Deliberation(Articles 60-67)
Chapter VI Compensation for Loss
Section 1 Compensation for Loss Caused by Expropriation or Use(Articles 68-90)
Section 2 Compensation for Loss Caused by Surveying, Termination of Project, etc.(Articles 91-94)
Chapter VII Effect of Expropriation or Use(Articles 95-107)
Chapter VIII Special Procedures concerning Expropriation or Use
Section 1 Conciliation of Expropriation Committee(Articles 108-115)
Section 2 Confirmation of Agreement(Articles 116-121)
Section 3 Use of Land for Project Requiring Urgent Execution(Articles 122-124)
Chapter IX Fee and Bearing of Expenses(Articles 125-128)
Chapter X Appeal and Suit(Articles 129-134)
Chapter XI Miscellaneous Provisions(Articles 135-140)
Chapter XII Penal Provisions(Articles 141-146)
Supplementary Provision
CHAPTER I General Provisions
(Purpose of this Law)
Article 1.　The purpose of this Law is to provide for the necessary conditions, procedures, and effects concerning the expropriation or use of land, etc. needed for the projects which give benefit to the public, and for the compensation for loss resulting therefrom, etc., insure adjustment of the promotion of public benefit with the private property, and thereby to make contribution to the proper and reasonable utilization of the national land.
(Expropriation or Use of Land)
Article 2.　In cases where some land is needed for a project which gives benefit to the public, if making use of the land for the project is proper and reasonable in the light of the utilization of land, it may be expropriated or used in accordance with the provisions of this Law.
(Project which may Expropriate or Use Land)
Article 3.　The project for public benefit which can expropriate or use land shall be a project related to a category coming under one of the following items:
(1)　Roads and accessories to roads under the Road Law (Law No.58 of 1919), general motor vehicle roads or exclusive motor vehicle roads to be furnished for use of general motor vehicle transportation business under the Road Transportation Law (Law No.183 of 1951), or parking spaces to be furnished for use of general public;
(2)　Rivers to which the River Law (Law No.71 of 1896) applies or applies mutatis mutandis, other rivers connected with the public interest, or levees, revetments, dams, water channels, reservoirs and other facilities to be established on the said rivers for purposes of flood control or water utilization;
(3)　Sand prevention installations under the Sand Control Law (Law No.29 of 1897) or facilities for sand prevention to which the said Law applies mutatis mutandis;
(4)　Facilities to be furnished for use of canals under the Canal Law (Law No.16 of 1913);
(5)　Roads for agricultural use, irrigation channels, drainage channels, beach protection walls, ponds for irrigation or for the prevention of hazardous effects on farm products, or wind-breaks or other facilities similar thereto to be established by the State, a local public body or a land improvement district (including a federation of land improvement districts;hereinafter the same);
(6)　Soil dressing project or water-supply or water-drainage machinery or installations related to utilization of underground water resources to be established in connection with the execution of land improvement project to be carried out by the State a local public body or a land improvement district in accordance with the Land Improvement Law (Law No.195 of 1949);
(7)　Facilities to be used by Japanese National Railways for carrying out the business enumerated in the items of Article 3 paragraph 1 of the Japanese National Railways Law (Law No.256 of 1948) or facilities to be used by the Japan Monopoly Corporation for carrying out the business enumerated in the items of Article 27 of the Japan Monopoly Corporation Law (Law No.255 of 1948);
(8)　Facilities to be furnished for use of local railways under the provision of Article 1 paragraph 1 or 2 of the Local Railway Law (Law No.52 of 1919), cableways under the provisions of paragraph 3 of the same Article, which transport passengers or freight in response to general demand, or tramways under the Tramway Law (Law No.76 of 1921) or trolley buses to which the said Law applies mutatis mutandis;
(9)　Facilities to be furnished for use of general bus motor carrier business or general route freight motor carrier business under the Road Transportation Law;
(10)　Port facilities under the Port and Harbor Law (Law No.218 of 19503 or fishing port facilities under the Fishing Port Law (Law No.137 of 1950);
(11)　Navigation aids under the Navigation Aids Law (Law No.99 of 1949) or hydrographic survey markers under the Law for Hydrographic Activities (Law No.102 of 1950);
(12)　Air-safety facilities (including air-fields) to be established by the State;
(13)　Facilities to be used for the observation or reporting of atmospheric phenomena, sea phenomena, land phenomena or floods and other phenomena similar thereto;
(14)　Apparatus for measuring the direction of wireless or the quality of electric waves to be established by the State for surveillance of electric waves;
(15)　Electric communication installations to be established by the State or local public bodies;
(16)　Broadcasting installations to be established for the broadcasting enterprise to be carried on in accordance with the Broadcast Law (Law No.132 of 1950);
(17)　Electric facilities or gas facilities to be furnished for use of public utilities enterprise under the Public Utilities Order (Cabinet Order No.343 of 1950);
(18)　Facilities furnished for use of water-works under the Water-Works Act (Law No.9 of 1890) or sewerages under the Sewerage Law (Law No.32 of 1900);
(19)　Facilities furnished for use of fire-service established by a city, town or village under the Fire Service Law (Law No.186 of 1948);
(20)　Facilities to be used for flood-defence activities by To, Do, Fu or prefecture or by flood defence supervising body under the Flood Defence Law (Law No.193 of 1949);
(21)　Schools prescribed in Article 1 of the School Education Law (Law No.26 of 1947), or other facilities for education or scientific researches similar thereto;
(22)　Citizens'public halls or museums under the Social Education Law (Law No.207 of 1949)(excluding facilities and institutions similar to citizens'public halls under the provisions of Article 42 of the same Law) or libraries under the Library Law (Law No.118 of 1950)(excluding facilities and institutions similar to libraries under Article 29 of the same Law);
(23)　Facilities to be furnished for use of social welfare works under the Social Welfare Works Law (Law No.45 of 1951) or vocational training projects under the Employment Security Law (Law No.141 of 1947):
(24)　Hospitals, sanatoriums, dispensaries or maternity houses, health centers under the Health Center Law (Law No.101 of 1947) or public medical facilities under the Medical Service Law (Law No.205 of 1948) to be established by the State, local public bodies or associations thereof, or health insurance associations or federations thereof, national health insurance associations or federations thereof, national public service mutual aid associations or federations of such associations or quarantine stations;
(25)　Crematory under the Law regarding Graveyard, Burial and Others (Law No.48 of 1948);
(26)　Slaughter-houses under the Slaughter-house Law (Law No.32 of 1906) or dead animals processing plants under the Law relating to Processing Plant of Dead Animals and Others (Law No.140 of 1948);
(27)　Public sewers, public lavatories, garbage burning plants or other facilities relating to disposal of impurities under the Law for Disposal of Impurities (Law No.31 of 1900);
(28)　Central wholesale markets under the Central Wholesale Market Law (Law No.32 of 1923);
(29)　National park projects under the National Park Law (Law No.36 of 1931);
(30)　Operation of a group of more than fifty housing units by the State or local public bodies for the purpose of renting or selling to a person who needs a housing unit for his own residence in a residential zone under the provisions of Article 48 paragraph 1 of the Building Standard Law (Law No.201 of 1950);
(31)　Facilities to be established by the State or a local public body, such as office buildings, factories, research institutes, experiment stations and others to be directly used for carrying out its business or project:
(32)　Facilities to be established by the State or a local public body, such as parks, green area, open spaces, playgrounds, graveyards, markets and other facilities to be furnished for use of the public;
(33)　Passages, bridges, railways, tramways, cableways, electric cables, water channels, ponds, wells, soil and stone dumps, depositories of materials, stations or lodgings for staffs whose continuous stationing is required as a matter of duty and other facilities indispensable for the project mentioned in any one of the preceding items.
(Restriction of Land, etc. which may be Expropriated or Used)
Article 4.　The land, etc. which have been furnished for use of the project which may expropriate or use land, etc. in accordance with the provisions of this Law or of any other law, cannot be expropriated or used unless there exists a special need therefor.
(Expropriation or Use of Rights)
Article 5.　In cases where, in order to furnish some land for a project prescribed in one of the items of Article 3, it is necessary and proper to extinguish or restrict any rights on the land which come under the following items, such rights may be expropriated or used under the provisions of this Law:
(1)　Superficies, emphyteusis, servitude, quarrying right, pledge, mortgage, rights on loan-for-use or on lease and rights to land other than ownership;
(2)　Mining right;
(3)　Right for utilization of hot spring.
2　In cases where, in order to furnish the standing trees and buildings on some land, and other articles affixed to the land together with the land for use in a project prescribed in any one of the items of Article 3, it is necessary and proper to extinguish or restrict any rights to these articles other than ownership, such rights may be expropriated or used under the provisions of this Law.
3　In cases where, in order to furnish some land, site or water of a river, sea water and other kind of water for use in a project prescribed in any one of the items of Article 3, it is necessary and proper to extinguish or restrict such fishery right, common-of-piscary right and other rights to utilize river site or water of the river, of the sea or of other kind as are related to these, such rights may be expropriated or used under the provisions of this Law.
(Expropriation or Use of Standing Tree, Building, etc.)
Article 6.　In cases where it is necessary and proper of furnish the standing trees and buildings on some land, and other articles affixed to the land together with the land for use in a project prescribed in any one of the items of Article 3, these things may be expropriated or used under the provisions of this Law.
(Expropriation of Soil, Stone, Sand and Gravel)
Article 7.　In cases where it is necessary and proper to furnish soil, stone, sand and gravel appertaining to the land for use in a project prescribed in any one of the items of Article 3, such things may be expropriated under the provisions of this Law.
(Definition)
Article 8.　"Project initiator" as used in this Law shall mean the person who conducts a project prescribed in any one of the items of Article 3 which necessitates the expropriation or use of land, such rights as enumerated in Article 5, such standing trees, buildings and other articles affixed to land as mentioned in Article 6, or the expropriation of such soil, stone, sand and gravel as prescribed in Article 7.
2　"Owner of land" as used in this Law shall mean the owner of such land as related to expropriation or use.
3　"Party concerned" as used in this Law shall mean:in case of expropriating or using land in accordance with the provisions of Article 2, the person who at that time holds on the land involved superficies, emphyteusis, servitude, quarrying right, pledge, mortgage, rights on loan-for-use or on lease or other rights excluding ownership and the person who holds ownership or other rights to articles on the land;in case of expropriating or using the rights enumerated in Article 5 under the provisions of the same Article, the person who holds pledge, mortgage, rights on loan-for-use or on lease and other rights in connection with the rights involved;in case of expropriating or using the standing trees, buildings and other articles affixed to the land mentioned in Article 6 under the provisions of the same Article, the person who holds any rights other than the ownership to such articles;in case of expropriating soil, stone, sand and gravel in accordance with the provisions of Article 7, the person who holds any rights other than proprietary right to the land to which the soil, stone, sand and gravel belong, and the person who holds proprietary right or other rights to articles on the land. However, any person who has newly obtained a right after the public notice of the details of land (the public notice of the details of rights in case of expropriating the rights enumerated in Article 5, or the public notice of the details of articles in case of expropriating or using the standing trees, buildings and other articles affixed to the land enumerated in Article 6, or the public notice of the details of soil, stone, sand and gravel in case of expropriating the soil, stone, sand and gravel prescribed in Article 7) under the provisions of Article 33 (including the case where this applies mutatis mutandis under Article 138 paragraph 1) shall not be included in the parties concerned, unless he has taken over the existing right.
(Succession of Rights and Obligations of Project Initiator)
Article 9.　In case a project has been succeeded as a result of amalgamation, etc., the rights and obligations held by the previous project initiator under the provisions of this Law shall be transferred to the successor of such project.
(Succession of Proceedings)
Article 10.　In case there has been a change in the project initiator, owner of land or party concerned, proceedings and other acts taken and done by the previous project initiator, owner of land or party concerned under the provisions of this Law or of orders issued thereunder shall also have effect against the person who has newly become the project initiator, owner of land or party concerned.
CHAPTER II Preparation for Project
(Right of Entrance for Preparation for Project)
Article 11.　In case there is a need of entering and making survey or investigation of some land occupied by any other person for the preparation for a project mentioned in any one of the items of Article 3, the project initiator shall submit a written application for permission of entry to the governor of To, Do, Fu or prefecture having jurisdiction over the area, describing the kind of the project, as well as the area of the land to be entered and the period. However, in case the project initiator is the State, it shall only be required that the head of the administrative organ or of its local branch office having competence on the execution of the project involved notifies in advance governor of To, Do, Fu or prefecture of the kind of the project, as well as the area of the land to be entered and the period and there shall be no need to obtain the permission.
2　The governor of To, Do, Fu or prefecture shall permit the entry except in case where the project on which the application for permission of entry has been made under the provisions of the main clause of the preceding paragraph does not come under the category of business mentioned in any one of the items of Article 3 and where the area of land intended to be entered and the period exceed the extent required for preparation for such project.
3　The project initiator who has beed permitted by the governor of To, Do, Fu or prefecture under the provisions of the preceding paragraph or the project initiator who has notified the governor of To, Do, Fu or prefecture under the provisions of the proviso to paragraph 1 may enter himself or may make a person ordered or delegated by him enter the land.
4　The governor of To, Do, Fu or prefecture shall, when he has given permission under the provisions of paragraph 2 or when he has received notification under the provisions of the proviso to paragraph 1, immediately notify the occupant of the land of the name of the project initiator, the kind of the project, the area of land which the project initiator intends to enter and the period, or give a public notice of these matters.
(Notification of Entry)
Article 12.　The person who intends to enter the land occupied by another person under the provisions of paragraph 3 of the preceding Article shall notify the head of the city, town or village of the day and time and the place not later than five days before the time of the intended entry.
2　Upon receiving the notification under the provisions of the preceding paragraph, the head of city, town or village shall immediately notify it to the occupant of the land or give a public notice to that effect.
3　In case a person intends under the provisions of paragraph 3 of the preceding Article to enter a building lot or such a land as is enclosed with a fence, railing, etc. he shall inform the occupant to that effect in advance at the time of the entry.
4　The building lot or the land enclosed with a fence, railing. etc. shall not be entered before sunrise or after sunset.
(Non-rejection of Entrance)
Article 13.　The occupant of the land shall not refuse or obstruct an entrance under the provisions of Article 11 paragraph 3, unless there is a justifiable reason.
(Felling and Removing of Obstacles)
Article 14.　In entering and making survey or investigation of the land occupied by another person in order to make preparations for a project mentioned in one of the items of Article 3, in cases where the project initiator or a person ordered or delegated by him intends to fell or remove some obstructing plant or fence, railing, etc.(hereinafter referred to as "obstacle" ), if he is unable to obtain the consent of the proprietor and occupant, he may fell or remove such obstacle with permission of the mayor of city town or village having jurisdiction over the area where the obstacle is located. In this case, the mayor of city, town or village shall give the proprietor and occupant of the obstacle an opportunity to express their opinions before he gives the permission.
2　A person intending to fell or remove an obstacle in accordance with the provisions of the preceding paragraph shall notify the proprietor and occupant not later than three days before the time of the intended felling or removing.
3　In cases where the obstacle is in the forest, wilderness or other land similar thereto, if it is difficult to obtain a prior consent of the proprietor and occupant and the felling or removing does not seriously impair the existing state of the obstacle, the project initiator or a person ordered or delegated by him may, notwithstanding the provisions of the preceding two paragraphs, immediately fell or remove such obstacle with the permission of the mayor of city, town or village having jurisdiction over the area where such obstacle is located. In this case, after the obstacle has been felled or removed, he shall notify the proprietor and occupant to that effect without delay.
(Carrying of Identification Card, etc.)
Article 15.　A person intending to enter some land occupied by another person in accordance with the provisions of Article 11 paragraph 3 shall carry an identification card showing his status and a permit of the governor of To, Do, Fu or prefecture (except in case the project initiator is the State).
2　A person intending to fell or remove an obstacle in accordance with the provisions of the preceding Article shall carry an identification card showing his status and a permit of the mayor of city, town or village.
3　When demanded by the proprietor, occupant or any other party interested of the land or obstacle, the identification card or permit under the provisions of the preceding two paragraphs shall be shown to him.
4　The forms of the identification card and permit prescribed in paragraphs 1 and 2 shall be provided for by Ministry of Construction Ordinance.
CHAPTER III Recognition of Project
(Recognition of Project)
Article 16.　The project initiator shall, when he intends to expropriate or use the land for the project, obtain a recognition of project in accordance with the provisions of this Chapter.
(Organ for Disposition concerning Recognition of Project)
Article 17.　In case a project falls under any one of the categories mentioned in the following items, the Minister of Construction shall make disposition concerning the recognition of project:
(1)　Project of which the State or To, Do, Fu or prefecture is the project initiator;
(2)　Project the land for the execution of which (hereinafter referred to as the "project site" ) extends over the area of two or more prefectures.
2　In case a project does not fall under any one of the categories mentioned in the items of the preceding paragraph, the governor having jurisdiction over the project site shall make disposition concerning the recognition of the project.
(Written Application for Project Recognition)
Article 18.　The project initiator shall, in case he intends to obtain the recognition of project under the provisions of Article 16, submit a written application for project recognition stating the below mentioned items in compliance with the forms prescribed by Ministry of Construction Ordinance, to the Minister of Construction in the case of paragraph 1 of the preceding Article or of Article 27 paragraph 1, or to the governor of To, Do, Fu or prefecture in the case of paragraph 2 of the preceding Article:
(1)　Name of the project initiator;
(2)　Kind of the project;
(3)　Project site;
(4)　Reason for applying for project recognition.
2　The written application referred to in the preceding paragraph shall be accompanied with papers listed below in compliance with the forms prescribed by Ministry of Construction Ordinance:
(1)　Written program of the project;
(2)　Drawings showing the project site and project plan;
(3)　In case there is involved in the project site a land prescribed by Article 4, the statement drawings and opinion of administrator of the land involved concerning such land;
(4)　In case a restriction is provided for by law or ordinance with respect to utilization of the land in the project site, opinion of the administrative organ having powers on the execution of the law or ordinance;
(5)　In case a disposition by the administrative organ such as licensing, permitting, approving, etc. is needed concerning the execution of the project, papers certifying that such disposition has been made, or opinion of the administrative organ concerned.
(Remedying of Defects in Written Application for Project Recognition and its Rejection)
Article 19.　In case a written application for project recognition or accompanying papers thereof under the provisions of the preceding Article have some defects concerning the formalities prescribed in the same Article or by Ministry of Construction Ordinance issued thereunder, the Minister of Construction or governor of To, Do, Fu or prefecture shall, by fixing a reasonable length of time, require that such defects be remedied. The same shall apply to the case where a fee under the provisions of Article 125 is not paid.
2　In case the project initiator fails to remedy the defects within the course of the fixed period in spite of the demand under the provisions of the preceding paragraph for remedying such defects, the Minister of Construction or governor of To, Do, Fu or prefecture shall reject the written application for project recognition.
(Necessary Conditions for Recognition of Project)
Article 20.　The Minister of Construction or governor of To, Do. Fu or prefecture may make recognition of the project when the project for which the application has been made fulfils all of the conditions enumerated below:
(1)　That the project involves one of the categories enumerated in the items of Article 3;
(2)　That the project initiator has sufficient intent and ability for executing the project for which the application has been made;
(3)　That the project plan is one which contributes to proper and reasonable utilization of land;
(4)　That the project is one for which it is necessary for public benefit to expropriate or use the land.
(Hearing of Opinion of Administrative Organ Concerned)
Article 21.　In case the Minister of Construction or governor of To, Do, Fu or prefecture intends to make disposition concerning project recognition, if he deems it necessary, he shall ask the opinion of the head of the administrative organ or its local branch office having relation with the execution of the project.
2　The head of the administrative organ or its local branch office having relation with the execution of the project may express his opinion to the Minister of Construction or to the governor of To, Do, Fu or prefecture as to the disposition concerning project recognition.
(Hearing of Opinion of Person Having Expert Knowledge and Experience)
Article 22.　In case the Minister of Construction or governor of To, Do, Fu or prefecture intends to make disposition concerning project recognition, if he deems it necessary, he may hear the opinions of persons having expert knowledge and experience, concerning the project plan of the project for which application has been made.
(Public Hearing)
Article 23.　In case the Minister of Construction or governor of To, Do, Fu or prefecture intends to make disposition concerning project recognition, if he deems it necessary, he shall ask the opinion of the general public by holding a public hearing.
2　In case it is intended to hold a public hearing under the provisions of the preceding paragraph, public notice shall be given to make known to the public the name of project initiator, kind of project and project site and also the date and place of the public hearing.
3　Necessary matters concerning procedures of the public hearing shall be provided for by Ministry of Construction Ordinance.
(Sending and Public Inspection of Written Application for Project Recognition)
Article 24.　In case the Minister of Construction or governor of To, Do, Fu or prefecture intends to make a disposition concerning project recognition, he shall, except in cases where it is obvious that the project for which the application has been made does not conform to the necessary conditions prescribed in Article 20, send a duplicate copy of the written application for project recognition and of such part of the attached papers thereto as having relation with the city, town or village to the head of the appropriate city, town or village where the project site is located. In this case, the sending by the Minister of Construction shall be made through the governor of To, Do, Fu or prefecture excercising jurisdiction over the project site.
2　When the mayor of city, town or village receives papers referred to in the preceding paragraph, he shall immediately give a public notice of the name of project initiator, the kind of project and the project site, and shall furnish the said papers open to the public inspection for two weeks from the day of the public notice.
(Submission of Written Opinion of Interested Parties)
Article 25.　When public notice under the provisions of paragraph 2 of the preceding Article has been given, a person having an interest in the project recognition may, in the course of the period of public inspection prescribed in the same paragraph, submit a written opinion to the governor of To, Do, Fu or prefecture
2　The governor of To, Do, Fu or prefecture shall, in case he receives a written opinion under the provisions of the preceding paragraph regarding the project of which the Minister of Construction intends to make disposition concerning recognition, send immediately such written opinion to the Minister of Construction;and if no such written opinion is submitted in the course of the period prescribed in paragraph 2 of the preceding Article, he shall make report to the Minister of Construction to that effect.
(Notification of Project Recognition)
Article 26.　When the Minister of Construction or governor of To, Do, Fu or prefecture has made project recognition in accordance with the provisions of Article 20, he shall notify in writing the project initiator to that effect without delay and shall also make a notification of the name of project initiator, kind of project and project site in the Official Gazette in case he is the Minister of Construction, or by such method as the governor of To, Do, Fu or prefecture may prescribe in case he is the governor of To, Do, Fu or prefecture.
2　When the governor of To, Do, Fu or prefecture has given a notification under the provisions of the preceding paragraph, he shall immediately report it to the Minister of Construction, and if demanded by the Minister of Construction, he shall send him copies of the papers concerning the project recognition.
3　When the Minister of Construction has given a notification under the provisions of paragraph 1, he shall immediately notify the governor of To, Do, Fu or prefecture concerned to that effect, and send him duplicate copies of paper listed in Article 18 paragraph 2 items (1) to (4) inclusive.
4　The recognition of project shall have its effect as from the day of the notification under the provisions of paragraph 1.
(Special Instances of Organ for Making Disposition concerning Recognition of Project)
Article 27.　The project initiator may, in any one of the following cases, apply to the Minister of Construction for recognition of the project. In this case, the project initiator shall notify the governor of To, Do, Fu or prefecture to that effect:
(1)　Where the governor of To, Do, Fu or prefecture has rejected recognition of the project;
(2)　Where the governor of To, Do, Fu or prefecture fails to make disposition concerning the recognition of the project even after expiration of three months from the day of receipt of the written application for project recognition under the provisions of Article 18.
2　In case the Minister of Construction receives the application prescribed in the provisions of item (1) of the preceding paragraph, he shall, upon hearing in advance the opinion of the Land Coordination Commission, make disposition himself concerning project recognition.
3　When the Minister of Construction receives the application under the provisions of item (2) of paragraph 1, he may, hearing in advance the opinion of the governor of To, Do, Fu or prefecture, order such governor of To, Do, Fu or prefecture to make disposition concerning project recognition fixing a reasonable period.
4　The Minister of Construction may, when the governor of To, Do, Fu or prefecture has failed to make disposition in the course of the period fixed under the provisions of the preceding paragraph, or if he deems it not proper to order to make disposition under the provisions of the same paragraph, make disposition himself concerning the project recognition, notifying in advance the governor of To, Do, Fu or prefecture and the project initiator that he is to make disposition himself concerning the project recognition.
5　After receiving the notification of the Minister of Construction under the provisions of the preceding paragraph, the governor of To, Do, Fu or prefecture shall not make disposition concerning the recognition of project of the case concerned.
6　In case the Minister of Construction makes disposition himself concerning project recognition in accordance with the provisions of paragraph 2 or 4, if there are any papers necessary for making disposition concerning the project recognition such as the records of public hearing already held and written opinions of interested parties, the governor of To, Do, Fu or prefecture shall immediately send such papers to the Minister of Construction.
7　In case the Minister of Construction makes disposition himself concerning project recognition in accordance with the provisions of paragraph 2 or 4, the Minister of Construction may omit procedures and other acts already executed by the governor of To, Do, Fu or prefecture for making disposition concerning the project recognition.
(Rejection and Re-examination of Project Recognition)
Article 28.　When the Minister of Construction or governor of To, Do, Fu or prefecture has rejected recognition of a project, he shall notify in writing the project initiator to that effect without delay.
2　When the Minister of Construction has rejected recognition of a project (except in the case where he has rejected it in the disposition made under the provisions of paragraph 2 of the preceding Article), the project initiator may, within two weeks from the day of receipt of the notification, apply to the Minister of Construction for re-examination of the project recognition in compliance with the forms prescribed by Ministry of Construction Ordinance.
3　When the Minister of Construction receives an application for re-examination of the project recognition under the provisions of the preceding paragraph, he shall, upon examining it and hearing the opinion of the Land Coordination Commission, reject recognition of the project if he deems that the application for re-examination has no reason, or make recognition of the project if he deems that it has due reason.
(Lapse of Project Recognition)
Article 29.　In cases where the project initiator fails to apply for public notice of details of land under the provisions of Article 31 within three years from the day of notification of the project recognition under the provisions of Article 26 paragraph 1, the project recognition shall lose its effect for the future as from the day following the day when the period expires.
(Termination or Alteration of Project)
Article 30.　In cases where the necessity of expropriating or using land disappears as the project initiator has terminated or altered the project wholly or partly after the notification of project recognition under the provisions of Article 26 paragraph 1 has been made, the project initiator shall report to that effect without delay to the governor of To, Do, Fu or prefecture who exercises jurisdiction over the project site. In this case, if it is after the public notice of the details of land under the provisions of Article 33, the owner of land and the parties concerned shall also be notified to that effect without delay.
2　The governor of To, Do, Fu or prefecture shall, when he receives a report under the provisions of the first part of the preceding paragraph, make a notification to the effect that the whole or a part of the project has been terminated or altered, by ways and means fixed by the governor of To, Do, Fu or prefecture, and shall immediately report to the Minister of Construction to that effect.
3　Even when no report under the provisions of the first part of paragraph 1 is made, if the governor of To, Do, Fu or prefecture comes to know that it has become unnecessary for the project initiator to expropriate or use the land because he has terminated or altered the whole or a part of the project, he shall, upon hearing in advance the circumstances of the project initiator, give the notification and the report prescribed in the preceding paragraph.
4　The project recognition shall lose its effect for the future as from the day of notification under the provisions of the preceding two paragraphs.
CHAPTER IV Procedures of Expropriation or Use
Section 1 Public Notice of Details of Land, and Negotiation
(Application for Public Notice of Details of Land)
Article 31.　In case the project initiator intends to expropriate or use some land, he shall, after notification of the recognition of project under the provisions of Article 26 paragraph 1 is given, apply within the period provided for in Article 29 to the governor of To, Do, Fu or prefecture for the public notice of the details of land.
2　Even after the public notice of the details of land has lost its effect in accordance with the provisions of Article 39, another application under the provisions of the preceding paragraph may be made for the public notice of the details of land.
(Written Application for Public Notice of Details of Land)
Article 32.　In case the project initiator intends to make the application under the provisions of the preceding Article, he shall submit a written application having the matters enumerated below stated therein to the governor of To, Do, Fu or prefecture having jurisdiction over the project site:
(1)　Copy of the notification of the recognition of project under the provisions of Article 26 paragraph 1;
(2)　Location, lot number and classification of the land to be expropriated or used;
(3)　Names and addresses of the owner of the land and parties concerned.
2　As regards those of the matters mentioned in item (3) of the preceding paragraph which the project initiator is unable to know without fault on his part, it shall be unnecessary to enter them in the written application under the provisions of the same paragraph.
(Public Notice and Notification of Details of Land)
Article 33.　When the application under the provisions of Article 31 has been made, the governor of To, Do, Fu or prefecture shall without delay give public notice of the matters mentioned in paragraph 1 item (2) of the preceding Article by ways and means fixed by the governor of To, Do, Fu or prefecture, and in the meanwhile notify it to the owner of land and the parties concerned mentioned in item (3) of the said paragraph.
(Preservation of Land)
Article 34.　After the public notice of the details of land under the provisions of the preceding Article has been given, no one shall, without obtaining the permission of the governor of To, Do, Fu or prefecture, make such change of the shape or quality of the land of which the public notice was given as will evidently put impediment on the project.
2　The governor of To, Do, Fu or prefecture shall, only in case where the agreement of the project initiator has been obtained with respect to a change of the shape or quality of the land or the governor himself deems that a change of the shape or quality of the land is necessary for disaster prevention or for some other proper reason, give the permission under the provisions of the preceding paragraph.
(Right of Investigating Land and Other Articles)
Article 35.　After the public notice of the details of land under the provisions of Article 33 has been given, the project initiator, or a person ordered or person delegated by him may enter and survey the land or structures thereon or investigate the land and other articles on the land or in the structures for making preparation of the project or for drawing up of such statement of land and statement of articles as prescribed in Article 36 paragraph 1.
2　A person who intends to enter the land or structures thereon in accordance with the provisions of the preceding paragraph shall notify the occupant of the land or the structure of the date and place not later than three days before the day on which he intends to enter.
3　The provisions of Article 12 paragraphs 3 and 4, Article 13 and Article 15 paragraphs 1, 3 and 4 shall apply mutatis mutandis to the case of paragraph 1. In this case, "paragraph 3 of the preceding Article" in Article 12 paragraph 3 and "Article 11 paragraph 3" in Article 13 and Article 15 paragraph 1 shall read "Article 35 paragraph 1" ; "railing, etc." in Article 12 paragraphs 3 and 4 shall read "railing, etc. or the structure" ; "land" in paragraph 3 of the same Article, Article 13 and Article 15 paragraph 1 or "the land or obstacle" in paragraph 3 of the same Article shall read "the land or the structure" ;and "identification card showing his status and a permit of the governor of To, Do, Fu or prefecture (except in the case where the project initiator is the State)" in Article 15 paragraph 1, "identification card or permit" in paragraph 3 of the same Article, or "identification card and permit" in paragraph 4 of the same Article shall read "identification card" .
(Drawing Up of Statement of Land and Statement of Articles)
Article 36.　After the public notice of the details of land under the provisions of Article 33 has been given, the project initiator shall draw up a statement of land and a statement of articles and affix his signature and seal thereon.
2　In drawing up a statement of land and the statement of articles under the provisions of the preceding paragraph, the project initiator snall have the attendance of the owner of land and the parties concerned (except those whom the project initiator cannot know without fault on his part;hereinafter the same in this Section) and make them affix their signature and seal on the statement of land and the statement of articles.
3　In the case of the preceding paragraph, any person among the owner of land and the parties concerned who has the objection that what is stated in the statement of land and the statement of articles is not true may add the particulars of the objection in the statements, affixing his signature and seal on them.
4　In the case of paragraph 2, if any person among the owner of land and the parties concerned has refused to affix his signature and seal or is unable to affix his signature and seal tinder the provisions of the same paragraph, the project initiator shall ask the mayor of city, town or village to make attendance and to affix his seal and signature. In this case, the mayor of city, town or village may cause one of the officials of the city, town or village concerned to make attendance and affix his signature and seal.
5　In the case of the preceding paragraph, if the mayor of city, town or village refuses to affix his signature and seal, the governor of To, Do, Fu or prefecture shall, upon the request of the project initiator, nominate an attendant witness from among the officials of the To, Do, Fu or prefecture concerned and make him affix his signature and seal.
6　The attendant witnesses under the provisions of the preceding two paragraphs shall not be the project initiator nor persons who are in such relation with the project initiator as fall under any one of items (2) to (4) inclusive of Article 61 paragraph 1.
(Matters to Be Entered in Statement of Land and Statement of Articles)
Article 37.　The statement of land prescribed in paragraph 1 of the preceding Article shall contain the items enumerated below concerning the land to be expropriated or used, and be accompanied with a measured ground plan:
(1)　Location, lot number, classification and area of the land, and name and address of the owner of land;
(2)　Area of the land to be expropriated or used;
(3)　Names and addresses of the persons holding rights to the land, and kinds and substance of the rights;
(4)　Date on which the statement was drawn up;
(5)　Other necessary matters.
2　The statement of articles prescribed in paragraph 1 of the preceding Article shall contain the items enumerated below concerning the articles on the land to be expropriated or used:
(1)　Location, lot number and classification of the land on which the articles are located;
(2)　Kinds and numbers or quantity of the articles, and names and addresses of the owners thereof;
(3)　Names and addresses of the persons holding rights of the articles, and kinds and substance of the rights;
(4)　Date on which the statement was drawn up;
(5)　Other necessary matters.
3　In case the article is a building, the kind, structure, floor area, etc. of the building shall be entered in addition to the items enumerated in the preceding paragraph, and a measured ground plan shall be attached.
4　The forms of the statement of land and the statement of articles shall be provided for by Ministry of Construction Ordinance.
(Effect of Statement of Land and Statement of Articles)
Article 38.　Except in cases where the person who added his objection in accordance with the provisions of Article 36 paragraph 3 explains the particulars thereof, no one of the project initiator, the owner of land and the parties concerned shall not interpose an objection as to whether the items stated in the statement of land and the statement of articles drawn up under the provisions of the preceding two Articles are true or not. However, if it is proved that the matters stated in the statement are contrary to the truth, the same shall not apply.
(Lapse of Public Notice of Details of Land)
Article 39.　In case the project initiator fails to make application for arbitration under the provisions of Article 41 in the course of one year from the day on which the public notice of the details of land under the provisions of Article 33 was given, the public notice of the details of land shall lose its effect for the future as from the day following the day on which the period expries.
(Negotiation)
Article 40.　After the public notice of the details of land under the provisions of Article 33 has been made, the project initiator shall negotiate with the owner of land the parties concerned for the purpose of acquiring or extinguishing the rights to the land.
(Rupture, Impossibility, etc. of Negotiation)
Article 41.　In cases where the negotiation under the provisions of the preceding Article fails to come to an agreement, where it is impossible to make such negotiation, or where execution of the project is impeded due to the rejection of the confirmation of agreement under the provisions of Article 119, the project initiator may, only in the course of one year from the day on which the public notice of the details of land under the provisions of Article 33 was given, apply to the Expropriation Committee of To, Do, Fu or prefecture in which the land is located for its arbitration concerning the expropriation or use.
Section 2 Arbitration of Expropriation Committee
(Written Application for Arbitration)
Article 42.　In case the project initiator intends to apply for the arbitration of the Expropriation Committee in accordance with the provisions of the preceding Article, he shall submit a written application for arbitration in accordance with the form as may be provided for by Ministry of Construction Ordinance accompanied with the papers enumerated below to the Expropriation Committee:
(1)　Project plan, and drawings showing the project site and the project plan;
(2)　Papers having the items enumerated below stated therein, classified by the city, town or village;
(a)　Location, lot number and classification of the land to be expropriated or used,
(b)　Area of the land to be expropriated or used, and kind and number or quantity of the articles existing on the land (in the case where the land or articles are to be partitioned, the area of the whole land or the number or quantity of all the articles, etc., shall be included),
(c)　In case of intending to use the land, method and period of the use,
(d)　Names and addresses of the owner of land and the parties concerned,
(e)　Estimate of the compensation for loss and break-down thereof,
(f)　Time of the expropriation or time of the use,
(3)　Statement of land and statement of articles under the provisions of Article 36 or copies thereof;
(4)　Written explanation of the process of negotiation with the owner of land and the parties concerned.
2　The provisions of Article 32 paragraph 2 shall apply mutatis mutandis to the entering of the items mentioned in item (2)(d) of the preceding paragraph.
(Remedying of Defects of Written Application for Arbitration)
Article 43.　The provisions of Article 19 shall apply mutatis mutandis to the remedying of defects of the written application for arbitration and accompanying papers thereof under the provisions of the preceding Article. In this case, "the preceding Article" shall read "Article 42" , "the written application for recognition of project" shall read "the written application for arbitration" , and "the Minister of Construction or the governor of To, Do, Fu or prefecture" shall read "the Expropriation Committee" .
(Forwarding and Furnishing for Inspection of Written Application for Arbitration)
Article 44.　In case the Expropriation Committee receives a written application for arbitration and accompanying papers thereof under the provisions of Article 42 paragraph 1, it shall, except in case of rejecting the written application for arbitration in accordance with the provisions of Article 19 paragraph 2 which applies mutatis mutandis under the preceding Article, forward to the many of city, town or village concerned the copy of such part as is related to each city, town or village concerned, and also notify the owner of land and the parties concerned stated in the accompanying papers of the fact that application for arbitration has been made.
2　The mayor of city, town or village shall, when he has received the papers referred to in the preceding paragraph, immediately give a public notice to the effect that application for arbitration has been made and concerning the items mentioned in Article 42 paragraph 1 item (2)(a), and shall furnish the said papers for inspection of the public for two weeks from the day of the public notice.
3　When the mayor of city, town or village has given the public notice under the provisions of the preceding paragraph, he shall report without delay the day of the public notice to the Expropriation Committee.
(Submission of Written Opinion of Owner of Land and Parties Concerned)
Article 45.　When the public notice under the provisions of paragraph 2 of the preceding Article has been given, the owner of land and the parties concerned may, in the course of the period for perusal referred to in the same Article, submit a written opinion to the Expropriation Committee. However, even if the written opinion is submitted after the lapse of the period of perusal, the Expropriation Committee may receive it if it is deemed reasonable.
2　When the public notice under the provisions of paragraph 2 of the preceding Article has been given, any person who has attached, provisionally attached or provisionally disposed of the land of which the notice was given or of his right related with such land and other person whose right is in danger of being infringed by the decision of the compensation for loss (hereinafter collectively referred to as "quasi-parties concerned" ) may, within the scope where their rights are affected, submit to the Expropriation Committee a written opinion in relation to the compensation for loss by the time when the deliberation of the Expropriation Committee is finished.
(Starting of Procedures of Deliberation)
Article 46.　The Expropriation Committee shall start deliberation without delay after the lapse of the period of perusal prescribed in Article 44 paragraph 2.
2　In case of starting the deliberation, the Expropriation Committee shall inform in advance the project initiator, the owner of land and the parties concerned mentioned in the accompanying papers of the written application for arbitration under the provisions of Article 42 paragraph 1, and the person who has submitted the written opinion in accordance with the provisions of the preceding Article of the date and place of deliberation.
(Arbitration of Rejection)
Article 47.　In case the application of the project initiator comes under either of the items enumerated below or is in violation of the provisions of this Law, the Expropriation Committee shall reject the application by its arbitration:
(1)　In case the project of which the application was made is different from the kind of project notified in accordance with the provisions of Article 26 paragraph 1;
(2)　In case the project plan of which the application was made is conspicuously different from the plan stated in the written project plan attached under the provisions of Article 18 paragraph 2 item (1) to the application for the recognition of the project.
(Arbitration of Expropriation or Use)
Article 48.　The Expropriation Committee shall, except in case of rejecting the application under the provisions of the preceding Article, make arbitration upon the matters enumerated below:
(1)　Area of the land to be expropriated, or area of the land to be used and method and period of the use thereof;
(2)　Compensation for the loss;
(3)　Time of the expropriation or use;
(4)　Other matters provided for by this Law.
2　With respect to the items mentioned in item (1) of the preceding paragraph, the Expropriation Committee shall make arbitration within the scope set forth by the project initiator in the accompanying papers of the written application for arbitration under the provisions of Article 42 paragraph 1 and within the limit necessary for the project. However, in case the demand under the provisions of Article 76 paragraph 1 or Article 81 paragraph 1 has been made, it may make arbitration within the scope of the demand.
3　With respect to the items mentioned in paragraph 1 item (2), the Expropriation Committee shall not make arbitration over and beyond the scope set forth by the project initiator, the owner of land, the parties concerned and the quasi-parties concerned in the accompanying papers of the written application for arbitration under the provisions of Article 42 paragraph 1 and in the written opinion under the provisions of Article 45 or Article 63 paragraph 2 and in the written opinion submitted under the provisions of Article 65 paragraph 1 items (1).
(Advance Decision of Part of Matters for Arbitration)
Article 49.　In case the Expropriation Committee deems that it is necessary for proceeding smoothly with the deliberation and also that it is proper time to judge the items mentioned in paragraph 1 item (1) of the preceding Article separately from the items mentioned in items (2) to (4) inclusive of the same paragraph, it may in advance fix by its decision the items mentioned in item (1) of the same paragraph in the course of the deliberation.
2　The provisions of the main clause of paragraph 2 of the preceding Article shall apply mutatis mutandis to the decision referred to in the preceding paragraph.
3　When the decision under the provisions of paragraph 1 has been made, the project initiator, owner of land and parties concerned shall not, at the deliberation of the Expropriation Committee, state their opinion or, submit a written opinion regarding the matters of which the decision has been made notwithstanding the provisions of Article 63. However, the same shall not apply to the demand under the provisions of Article 76 paragraph 1 or Article 81 paragraph 1.
(Reconciliation)
Article 50.　The Expropriation Committee may, at any time in the course of the deliberation, advise the project initiator, owner of land and parties concerned to be reconciled.
2　In cases where reconciliation has been made between the project initiator and all the owners of land and parties concerned with respect to the whole or a part of the land to be expropriated or used, and regarding all the items enumerated in the items of Article 48 paragraph 1, if the details of the reconciliation are in conformity with the provisions of Chapter VII, the Expropriation Committee may, upon application of the project initiator, owner of land and parties concerned, draw up a document of reconciliation.
3　In the document of reconciliation referred to in the preceding paragraph, all the items enumerated in the items of Article 48 paragraph 1 shall be stated, and the chairman of the Committee, the members who participated in drawing up the document of reconciliation, the project initiator, owner of land and parties concerned shall affix their signatures and seals thereon.
4　The original of the document of reconciliation shall have the seal of the Committee affixed thereon and shall be delivered to the project initiator, owner of land and parties concerned.
5　When the document of reconciliation under the provisions of paragraph 3 has been drawn up, it shall be regarded that the arbitration of the expropriation or use under the provisions of Article 49 paragraph 1 has been made, so far as the application of this Law is concerned. In this case, the project initiator, owner of land and parties concerned shall not contest the conclusion of reconciliation and the details thereof.
CHAPTER V Expropriation Committee
Section 1 Organization and Powers
(Establishment)
Article 51.　Expropriation Committees shall be established under the jurisdiction of the respective governors of To, Do, Fu or prefecture to exercise the powers based on this Law.
2　The Expropriation Committees shall exercise their authority independently.
(Organization and Members)
Article 52.　The Expropriation Committee shall consist of seven members.
2　The Expropriation Committee shall have two or more substitute members, determining the order of their assumption of office.
3　The members and substitute members shall be appointed by the governor of To, Do, Fu or prefecture after obtaining the consent of the assembly of To, Do, Fu or prefecture from among persons who have superior experience and knowledge in law, economics or administration and are able to give fair judgement on matters concerning public welfare.
4　In cases where the term of office of members and substitute members expires or a vacancy occurs in the membership, if it is impossible to obtain the consent of the assembly of To, Do, Fu or prefecture because it is out of session or has been dissolved, the governor of To, Do, Fu or prefecture may, regardless of the provisions of the preceding paragraph, appoint members and substitute members, without obtaining the consent of the assembly of To, Do, Fu or prefecture.
5　In the case of the preceding paragraphs, an ex post facto approval shall be asked of the assembly at its first session held after the appointment of the members. In this case, if the approval of the assembly is not obtained, the governor of To, Do, Fu or prefecture shall discharge the members and substitute members.
6　The members and substitute members shall be of part-time service.
(Term of Office of Members)
Article 53.　The term of office of the members and the substitute members shall be three years.
2　In case vacancies occur in the membership, they shall be filled up by the substitute members in the order of their assumption of office.
3　The term of office of the members mentioned in the preceding paragraph shall be the remainder of the term of office of their predecessors.
4　The member and substitute member may be re-appointed.
(Disqualifications for Membership)
Article 54.　Persons who come under any one of the following items shall be ineligible for membership:
(1)　Incompetent or quasi-incompetent persons or bankrupts who have not yet been reinstated in the lost privilege;
(2)　Persons sentenced to the term of imprisonment without hard labor or graver penalty and have not yet compeleted the execution of the penalty or not yet been remitted thereof.
(Guarantee of Post)
Article 55.　The member and substitute member shall not be discharged against his will during the term of his office except in case of falling under one of the following items:
(1)　Where the Expropriation Committee by its resolution presumes that he is unable to execute his duty on account of mental or physical difficulty;
(2)　Where the Expropriation Committee by its resolution presumes that he has violated his official duty or that he has done some other evil deed unsuitable for the Committee member.
2　In case a member or substitute member falls under any one of the items of the preceding paragraph, the governor of To, Do, Fu or prefecture shall discharge him.
3　In case a member or a substitute member has fallen under any one of the items of the preceding Article, he shall lose his post naturally.
(Chairman)
Article 56.　The Expropriation Committee shall have a Chairman.
2　The Chairman shall be elected by mutual vote of the members.
3　The Chairman shall represent the Expropriation Committee and supervise the proceedings and other business of the Committee.
4　In case the Chairman is prevented from discharging his duties, a member elected in advance by mutual vote shall act for him.
(Allowances)
Article 57.　The members and substitute members shall obtain the allowances fixed by by-law of To, Do, Fu or prefecture.
(General Affairs of Expropriation Committee)
Article 58.　The general affairs of the Expropriation Committee shall be managed in a bureau or division of the To, Do, Fu or prefecture concerned designated by the governor of To, Do, Fu or prefecture.
(Management of Expropriation Committee)
Article 59.　In addition to the matters provided for by this Law or by-law based thereon, matters necessary for the meeting and other management of the Expropriation Committee shall be determined by the Expropriation Committee.
Section 2 Meeting and Deliberation
(Meeting and Decision)
Article 60.　The meeting of the Expropriation Committee shall be called by the Chairman.
2　The Expropriation Committee shall not hold a meeting, make deliberation nor make resolution unless the Chairman and three or more of the members are present.
3　The proceedings of the Expropriation Committee shall be decided by the majority of the members present, and, in case of a tie, the decision shall be made by the Chairman.
4　In cases where the Expropriation Committee makes the resolution under the provisions of the items of Article 55 paragraph 1, agreement of all the members except the person in question shall be necessay, notwithstanding the provisions of the preceding paragraph.
(Exclusion of Members)
Article 61.　A person who comes under any one of the following items shall not participate as member in the meeting or the deliberation of the Expropriation Committee nor take part in the resolution:
(1)　Project initiator, owner of land or party concerned;
(2)　Spouse, relative within fourth degree, inmate relative, agent or assistant of the project initiator, owner of land, or party concerned;
(3)　Head, vice-governor or deputy mayor of the local public body which is the project initiator, owner of land or party concerned;
(4)　In case an unlimited partnership, limited partnership, joint-stock company, limited company or other juridical person is the project initiator, owner of land or party concerned:member of the unlimited partnership, general partner of the limited partnership, manager (RIJI) or inspector (KANJI) of the joint-stock company or of the limited company, or other person who is in a similar position of the juridical person concerned.
2　In cases where it is impossible to hold the meeting, to make deliberation or to make resolution on account of the want of quorum of members because one of the members comes under the provisions of the preceding paragraph, the vacancy shall be filled up temporarily by substitute members in the order of their assumption of office when designated by the Chairman.
(Opening of Deliberation)
Article 62.　The deliberation of the Expropriation Committee shall be opened to the public. However, it may not be opened to the public in case there is a fear of spoiling justice of the deliberation or if the Expropriation Committee deems it necessary for the public interest.
(Right of Expressing Opinions, etc.)
Article 63.　With regard to the matters mentioned in the accompanying papers of the written application for arbitration submitted in accordance with the provisions of Article 42 paragraph 1 or in the written opinion submitted or received in accordance with the provisions of Article 45 paragraph 1, the project initiator, owner of land and parties concerned may submit a written opinion or state their opinion orally at the deliberation of the Expropriation Committee only in cases where he explains the said matters, except when they have been ordered to submit a written opinion under the provisions of Article 65 paragraph 1 item (1) and in the case prescribed in paragraph 2.
2　With respect to the compensation for loss, the project initiator, owner of land and parties concerned may newly submit a written opinion or state their opinion orally at the deliberation of the Expropriation Committee.
3　In order to give proof to the substance of the matters stated by means of the accompanying papers to the written application for arbitration under the provisions of Article 42 paragraph 1 or by means of the written opinion under the provisions of Article 45 paragraph 1 or to the substance of the opinion stated by means of the written opinion or oral statement in accordance with the provisions of the preceding two paragraphs, the project initiator, owner of land and parties concerned may ask the Expropriation Committee that they submit materials or that the Expropriation Committee question the necessary witness, order the appraiser to give his opinion or investigate the land or articles at the site.
4　The project initiator, owner of land, and parties concerned may declare at the deliberation that they themselves question the witness or appraiser ordered to appear by the Expropriation Committee by means of the disposition under the provisions of Article 65 paragraph 1.
(Chairman's Right of Direction at Deliberation)
Article 64.　The proceedings of deliberation of the Expropriation Committee shall be directed by the Chairman.
2　In case the opinion, statement, question or other act given by the project initiator, owner of land or parties concerned overlaps the opinion or statement already given or wanders away to subjects which have no connection with the case under deliberation or is deemed to be improper, the Chairman may impose restrictions on it.
3　The Chairman may order any person who disturbs the progress of the fair deliberation of the Expropriation Committee out of the hall.
(Powers, etc. for Deliberation or Investigation)
Article 65.　The Expropriation Committee may, if it deems that the statement under the provisions of Article 63 paragraph 3 is proper or that it is necessary for the deliberation or investigation, make the dispositions enumerated in the following items:
(1)　To question the project initiator, owner of land, parties concerned or witness by ordering him to appear, or to order him to submit a written opinion or other materials;
(2)　To make the appraiser give his opinion by ordering him to appear;
(3)　To make a member of the Expropriation Committee or an official in charge of the general affairs of the Expropriation Committee investigate the land or articles at the site.
2　When a member or an official in charge of its general affairs investigates the land or articles at the site in accordance with the provision of item (3) of the preceding paragraph, he shall carry an identification card showing his status, and show it when demanded by the owner, occupant or other interested party of the land or articles.
3　The form of the identification card referred to in the preceding paragraph shall be provided for by Ministry of Construction Ordinance.
4　The appraiser prescribed in paragraph 1 item (2) shall not be a person coming under any one of the items of Article 61 paragraph 1.
5　The appraiser or witness prescribed in paragraph 1 shall obtain the travel expenses and allowances as may be provided for by by-law.
(Meeting, etc. for Arbitration and Decision)
Article 66.　The meeting for arbitration and decision of the Expropriation Committee shall not be opened to the public.
2　The arbitration and decision shall be made in writing. The written award of arbitration and of decision shall be accompanied with the reason and the date of conclusion thereof, and the Chairman and the members who have taken part in the meeting shall affix their signature and seal.
3　The original of the written award of arbitration and of decision shall have the seal of the Expropriation Committee affixed thereto and be delivered to the project initiator, owner of land and party concerned.
(Joint Deliberation and Arbitration)
Article 67.　In cases where an application for arbitration under the provisions of Article 41, has been made, if the land to be expropriated or used extends over the area of two or more To, Do, Fu or prefecture, and so that Expropriation Committees concerned deem it is not proper that the respective Expropriation Committees make arbitration, or if it is proposed by the project initiator and the Expropriation Committees deem it proper, the Expropriation Committee concerned may, upon consultation, make the deliberation and arbitration jointly.
2　In cases where the Expropriation Committees concerned make the joint deliberation or arbitration in accordance with the provisions of the preceding paragraph, the person who takes the chair shall be elected by mutual vote of the chairmen of the Expropriation Committees concerned, and the meeting and deliberation shall be given with the attendance of three or more members of each Expropriation Committee concerned
3　The arbitration jointly made by the Expropriation Committees concerned in accordance with the provisions of paragraph 1 shall be regarded, so far as the application of this Law is concerned, as the arbitration made by the respective Expropriation Committees on the whole of the land to be expropriated or used of which the application for the arbitration was made.
4　With regard to the procedure of the joint deliberation or arbitration of the Expropriation Committees, the provisions of Articles 45 to 50 inclusive and of this Section shall apply mutatis mutandis excluding those prescribed in the preceding two paragraphs. However, concerning the written opinion to be submitted under these provisions to the Expropriation Committee by the project initiator, owner of land, party concerned or quasi-party concerned, he shall only have to submit it to the Expropriation Committee concerned.
CHAPTER VI Compensation for Loss
Section 1 Compensation for Loss Caused by Expropriation or Use
(Person to Compensate Loss)
Article 68.　Losses upon the owner of land and the parties concerned caused by expropriation or use of the land shall be compensated by the project initiator.
(Principle of Individual Payment)
Article 69.　The compensation for losses shall be made individually to the owner of land and the parties concerned. However, the same shall not apply in case it is difficult to individually estimate the compensation amounts.
(Method of Compensation for Loss)
Article 70.　The compensation for losses shall be made with money. However, the same shall not apply in case there is an arbitration with respect to the ways and means of compensations, such as the offering of substitute land or others given by the Expropriation Committee in accordance with the provisions of Articles 82 to 86 inclusive.
(Time for Computation of Compensation)
Article 71.　Losses shall be compensated computing the amount on the basis of the value at the time of the arbitration for expropriation or use by the Expropriation Committee.
(Compensation for Loss Caused by Expropriation of Land)
Article 72.　Compensation for the land to be expropriated shall be made at a fair value taking into consideration the market price, etc. of similar land in the vicinity thereof.
(Compensation for Loss Caused by Use of Land)
Article 73.　Compensation for the land to be used shall be made at a fair value taking into consideration the rent, etc. of similar land in the vicinity thereof. In this case, if the method of use changes the shape and quality of the land and makes it difficult to restore the land concerned to its original state, the losses caused thereby shall be compensated in addition.
(Compensation for Remainder of Land)
Article 74.　In cases where a block of land belonging to one and the same owner of land is partly expropriated or used, if it results in decrease of the value of the remainder of land or in other losses concerning the remainder of land, such losses shall be compensated.
(Compensation for Construction Expenses)
Article 75.　In case, by expropriation or use of a part of a block of land belonging to one and the same owner of land, it becomes necessary to newly build, rebuild, extend or repair the passage, ditch, fence, railing or other structures on the remainder of land, or to heap up or cut away soil, the expenses required therefor shall be compensated.
(Right of Demand for Expropriation of Remainder of Land)
Article 76.　In case it becomes extremely difficult to utilize the remainder of land for the original purpose by the expropriation of a part of a block of land belonging to one and the same owner of land, the owner of land may demand the expropriation of the whole land.
2　The party concerned who has a right upon the remainder of land demanded for expropriation in accordance with the provisions of the preceding paragraph or upon the article thereon may make a demand to the Expropriation Committee for the continuation as before of the right unless. it particularly hinders the execution of business by the project initiator and also unless it infringes the right of other parties concerned.
(Removal Compensation for Expenses)
Article 77.　In case there are any articles on the land to be expropriated or used, they shall be removed by compensating the removal expenses. In this case, if the articles are to be separated and it becomes extremely difficult to use them for the original purposes unless they are moved en bloc, the owner of the articles may demand the removal expenses of all the articles.
(Right of Demand for Expropriation in case Removal is Difficult)
Article 78.　In the case of the preceding Article, if it is extremely difficult to remove the articles or it becomes extremely difficult to use the articles for the original purposes due to their removal, the owner of the articles may demand the expropriation thereof.
(Right of Demand for Expropriation in case Removal Expenses are Very High)
Article 79.　In the case of Article 77, if the removal expenses exceed the price required for obtaining articles equivalent to the ones required to be removed, the project initiator may demand the expropriation of the articles.
(Compensation for Articles)
Article 80.　In the case of the expropriation of articles under the provisions of the preceding two Articles, compensation for the articles to be expropriated shall be made at a fair value, taking into consideration the market price, etc. of similar articles in the vicinity thereof.
(Demand for Expropriation in lieu of Use of Land)
Article 81.　In the case of using land, the owner of the land may, if the period of the use of the land exceeds three years, if the shape or quality of the land is changed by the use of the land, or if there are any buildings belonging to the owner of land on the land to be used, demand the expropriation of such land. However, the same shall not apply in case the use is concerned with serial space or underground and causes no hindrance to the ordinary use of the land.
2　The party concerned who has a right upon the land demanded for expropriation in accordance with the provisions of the preceding paragraph may make a demand to the Expropriation Committee for the continuation as before of the right.
3　In case a demand under the provisions of the preceding paragraph has been made, the Expropriation Committee shall make arbitration pertaining to the following items in the arbitration based on the provisions of Article 48 paragraph 1:
(1)　Right to be continued;
(2)　Method and period of the restriction of the exercise of the right mentioned in the preceding item within the scope set forth by the project initiator in the accompanying papers of the written application for arbitration for use under the provisions of Article 42 paragraph 1, and within the limit necessary for the project;
(3)　Compensation for the loss to the party concerned caused by the restriction of the right under the provisions of the preceding item.
(Compensation by means of Substitute Land)
Article 82.　The owner of land or parties concerned (except those who have the right of pledge or mortgage;hereinafter the same in this Article and Article 83) may request the Expropriation Committee that the loss be compensated with some land or a right other than ownership of some land as the substitute of a part or the whole of the compensation money for the land to be expropriated or the right thereto other than the right of ownership (hereinafter collectively referred to as "substitute land" ).
2　In case the owner of land or parties concerned have made the request as prescribed in the preceding paragraph designating some specific land belonging to the project initiator, the Expropriation Committee may give an award of arbitration that the compensation for loss be settled by means of the substitute land if the Committee deems that the request is reasonable and the offering of the substitute land will not hinder the execution of the project or the business by the project initiator.
3　In case the owner of land or parties concerned have made the request as prescribed in paragraph 1 designating no land, or designating land not belonging to the project initiator, the Expropriation Committee may recommend to the project initiator the offering of substitute land if the Committee deems that the request is reasonable.
4　In case the owner of land or parties concerned have agreed on the substitute land offered by the project initiator in accordance with the recommendation under the provisions of the preceding paragraph, the Expropriation Committee may make an arbitration on the compensation for loss by means of the substitute land.
5　In case the recommendation in accordance with paragraph 3 has been given, the project initiator who is the State or a local public body may apply to the Expropriation Committee for the good offices for transfer of the land if there is any adequate land as substitute land belonging to the State or local public body other than the land used or decided to be used for official or public uses.
6　In case an application has been made under the provisions of the preceding paragraph, if the Expropriation Committee deems the application to be reasonable, it may recommend to the State or local public body to transfer the land deemed adequate as substitute land.
7　The substitute land to be offered by the project initiator shall be equivalent to the original land or the rights thereof other than the right of ownership, by taking into consideration collectively the classification, area, quality, water utilization, the substance of the right, etc. of the land.
(Development of Arable Land)
Article 83.　In making the request under paragraph 1 of the preceding Article, the owner of land or party concerned may, if the purpose of the land to be expropriated is farming, make to the Expropriation Committee, in addition to that request, another request that the project initiator develop the substitute land into arable land within the extent of being substitute for the compensation money for the land to be expropriated or the right thereon other than the right of ownership, in conformity with the aim of the provisions of paragraph 7 of the same Article.
2　The Expropriation Committee may. if it deems the request under the provisions of the preceding paragraph to be reasonable, may give an award of arbitration that the loss be compensated by development of arable land in addition to the compensation for loss by means of substitute land, fixing the contents of the work and the time when the work is to be completed.
3　In the case of the preceding paragraph, the Expropriation Committee may, if it deems it necessary, give an award of arbitration at the same time that the project initiator shall offer a security for the development of arable land, except in the case where the project initiator is the State.
4　The security prescribed in the preceding paragraph shall be furnished by depositing the money or valuable securities which the Expropriation Committee deems adequate.
5　In case the project initiator does not complete the work by the time when it is to be completed, the owner of land or parties concerned shall obtain the whole or a part of the security prescribed in the preceding paragrapn with the confirmation of the Expropriation Committee. In this case, the project initiator shall be exempted from the obligation of compensating for loss by means of development of arable land, with the confirmation of the Expropriation Committee.
6　The project initiator may, when he has completed the work, recover the security under the provisions of paragraph 4 with confirmation of the Expropriation Committee.
7　The procedures concerning the acquisition and recovery of the security prescribed in the preceding two paragraphs shall be provided for by Ministry of Construction Ordinance.
(Compensation by means of Execution of Work by Proxy)
Article 84.　In the case as mentioned in Article 75, the project initiator, owner of land or party concerned may make a request to the Expropriation Committee that the project initiator execute the work concerned in lieu of the payment of the whole or a part of the compensation money.
2　The Expropriation Committee may, if it deems the request under the preceding paragraph to be reasonable, give an award of arbitration that the compensation for loss be settled by means of execution of the work by proxy, fixing the contents of the work and the time when the work is to be completed.
3　The provisions of paragraphs 3 to 7 inclusive of the preceding Article shall apply mutatis mutandis to the case mentioned in the preceding paragraph. In this case, "development of arable land" mentioned in paragraphs 3 and 5 of the same Article shall read "execution of the work by proxy."
(Compensation by means of Removal by Proxy)
Article 85.　In the case as prescribed in Article 77, the project initiator or owner of articles may make a request to the Expropriation Committee that the project initiator himself remove the articles in lieu of the payment of the removal expenses.
2　The Expropriation Committee may, if it deems the request under the preceding paragraph to be reasonable, make an award of arbitration that the compensation for loss be settled by means of removal by proxy.
(Development into Building Lot)
Article 86.　In case a removal of building is intended under the provisions of Article 77 if the land to which the building is to be removed is land other than building lot, the owner of land or party concerned shall, in lieu of a part of the compensation for loss under the provisions of Articles 72 to 74 inclusive and Article 88, make a request to the Expropriation Committee for development into building lot by the project initiator.
2　The Expropriation Committee may, if it deems the request under the provisions of the preceding paragraph to be reasonable, give an award of arbitration that the compensation for loss be settled by development into building lot.
(Method of Demand and the Request)
Article 87.　The demands under the provisions of Articles 76 to 79 inclusive and Article 81 paragraphs 1 and 2 and the requests under the provisions of Article 82 paragraph 1, Article 83 paragraph 1, Article 84 paragraph 1, Article 85 paragraph 1, and paragraph 1 of the preceding Article inclusive, shall be made by means of a written opinion under the provisions of Article 45 paragraph 1 or Article 63 paragraph 2 or a written opinion to be submitted based on the provisions of Article 65 paragraph 1 item (1).
(Compensation for Ordinary Losses)
Article 88.　In addition to the compensation for loss prescribed in Articles 72 to 75 inclusive, Article 77 and Article 80, compensation for eviction, loss in business or loss of rent caused by removal of the building and other ordinary losses caused by the expropriation or use of land to the owner of land or parties concerned shall be compensated.
(Restriction on Compensation for Loss)
Article 89.　Owner of land or party concerned may, if he changes the shape or quality of the land, or builds, rebuilds, extends or repairs on a large scale any structures, or adds to or increases articles on the land after a public notice of the details of land under the provisions of Article 33 has been made, unless he has obtained a prior approval of the governor of To, Do, Fu or prefecture on such matters, not demand compensation for losses concerning them.
2　In case the governor of To, Do, Fu or prefecture deems that the change of shape or quality of the land, or the construction, reconstruction, extension or major repair of structures, or the addition or increase of articles is made solely aiming at an increase of the compensation, he shall not give the approval prescribed in the preceding paragraph.
3　In case the owner of land or party concerned has obtained a permission on the change of shape or quality of the land in accordance with the provisions of Article 34 paragraph 1, it shall be regarded that the approval under the provisions of paragraph 1 has been given.
(Prohibition of Offset with Benefit from Project)
Article 90.　In case a block of land belonging to one and the same owner of land is partly expropriated or used, even though the execution of the project by expropriating or using the land may bring forth an increase in the value of the remainder of land or other benefits to the remainder of land, such benefit shall not be made to offset the loss caused by the expropriation or use.
Section 2 Compensation for Loss Caused by Surveying, Termination of Project, etc.
(Compensation for Loss Caused by Surveying, Investigation, etc.)
Article 91.　In cases where any loss has been caused by entering some land and making survey, making investigation, or felling or removing obstacles in accordance with the provisions of Article 2 paragraph 3, Article 14 or Article 35 paragraph 1, the project initiator shall compensate for such loss to the person who has sustained the loss.
2　The compensation for loss under the provisions of the preceding paragraph shall not be demanded after the expiration of one year from the day on which such loss is found.
(Compensation for Loss by Termination, Alteration, etc. of Project)
Article 92.　After the public notice of the details of land under the provisions of Article 33, if the owner of land or party concerned sustains a loss by the termination or alteration of the whole or a part of the project, by the lapse of the recognition of the project under the provisions of Article 29, or by the lapse of the award of arbitration under the provisions of Article 100, the project initiator shall compensate for such loss.
2　The provisions of paragraph 2 of the preceding Article shall apply mutatis mutandis to the case mentioned in the preceding paragraph.
(Compensation for Loss concerning Land Other than Land Expropriated or Used)
Article 93.　In case it is deemed necessary as a result of expropriating or using (including the case of using in accordance with the provisions of Article 122 paragraph 1 or Article 123 paragraph 1) land for furnishing that land for use of the project, to construct, reconstruct, extend or repair the passage, ditch, fence, railing or other structures, or to heap up or cut away soil in connection with land other than the land concerned and the remaining land of such persons, the project initiator shall, at the demand of the person who is necessitated to execute such works (hereinafter in this Article referred to as "the person sustaining the loss" ), compensate the whole or a part of the expenses required therefor. In this case, the project initiator or the person sustaining the loss may request that the project initiator execute the work in lieu of the payment of the whole or a part of the compensation money.
2　The compensation for loss under the provisions of the preceding paragraph cannot be demanded after the expiration of one year from the day of completion of the work concerning the project.
(Procedures of Arbitration for Compensation Prescribed in Preceding Three Articles)
Article 94.　The compensation for loss prescribed in the preceding three Articles shall be decided by mutual agreement between the project initiator and the person who has sustained the loss (including the person who has been necessitated to execute such works as prescribed in paragraph 1 of the preceding Article;hereinafter the same in this Article).
2　When a mutual agreement under the provisions of the preceding paragraph fails to be reached, the project initiator or a person who has sustained the loss may apply for arbitration by the Expropriation Committee.
3　A person who intends to apply for arbitration under the provisions of the preceding paragraph shall submit to the Expropriation Committee a written application for arbitration in compliance with the form provided for by Ministry of Construction Ordinance stating the matters enumerated below:
(1)　Name and address of applicant for arbitration;
(2)　Name and address of the other party;
(3)　Kind of project;
(4)　Fact of loss;
(5)　Estimated amount of compensation for loss and break-down thereof;
(6)　Process of the negotiation.
4　The provisions of Article 19 shall apply mutatis mutandis with respect to the remedying of the defects in the written application for arbitration under the provisions of the preceding paragraph. In this case, "the preceding paragraph" shall read "Article 94 paragraph 3" , "a written application for project recognition" shall read "written application for arbitration," and "the Minister of Construction or the governor of To, Do, Fu or prefecture" shall read "the Expropriation Committee" .
5　When the Expropriation Committee receives a written application for arbitration under the provisions of paragraph 3, it shall, except in case it rejects the written application for arbitration in accordance with the provisions of Article 19 paragraph 2 which applies mutatis mutandis under the preceding paragraph, open the deliberation, after it has informed the applicant for arbitration under the provisions of paragraph 3 and the other party mentioned in the written application for arbitration, of the time and place of the deliberation in advance.
6　The provisions of Article 50 and Chapter V Section 2 (except Article 63 paragraph 1 and Article 67) shall apply mutatis mutandis to the case where the Expropriation Committee opens the deliberation in accordance with the provisions of the preceding paragraph. In this case, "the project initiator, owner of land and party concerned" in Article 50, Article 61 paragraph 1, Article 63 paragraphs 2 to 4 inclusive, Article 64 paragraph 2 and Article 66 paragraph 3, and "the project initiator and all the owners of land and parties concerned with respect to the whole or a part of the land to be expropriated or used and" in Article 50 paragraph 2 shall read "the applicant for arbitration and the other party" , "all the matters enumerated in the items of Article 48 paragraph 1" in paragraphs 2 and 3 of the same Article shall read "the compensation for loss and the time to make the compensation" , "the arbitration of the expropriation or use under the provisions of Article 48 paragraph 1" in paragraph 5 of the same Article shall read "the arbitration under the provisions of Article 94 paragraph 8" , "the accompanying papers to the written application for arbitration under the provisions of Article 42 paragraph 1 or by means of the written opinion under the provisions of Article 45 paragraph 1 or to the substance of the opinion stated by means of the written opinion or oral statement in accordance with the provisions of the preceding two paragraphs" in Article 63 paragraph 3 shall read "written application for arbitration under the provisions of Article 94 paragraph 3 or oral statement in accordance with the provisions of the preceding paragraph" , "the project initiator, owner of land, the party concerned" in Article 65 paragraph 1 item (1) shall read "the applicant for arbitration or the other party" , "arbitration and decision" in Article 66 paragraphs 1 and 2 shall read "arbitration" , and "the written award of arbitration and of decision" in paragraphs 2 and 3 of the same Article shall read "the written award of arbitration" .
7　The Expropriation Committee shall, when an application for arbitration under the provisions of paragraph 2 is in contravention of the provisions of this Law, reject the application by means of an award of arbitration.
8　The Expropriation Committee shall make arbitration on the compensation for loss and time to compensate it except in cases where it rejects the application in accordance with the provisions of the preceding paragraph. In this case, the Expropriation Committee shall not make arbitration beyond the scope stated by the applicant for arbitration and the other party in the written application for arbitration, in the written opinion under the provisions of Article 63 paragraph 2 which applies mutatis mutandis under paragraph 6 or in the written opinion submitted in accordance with the provisions of Article 65 paragraph 1 item (1) which applies mutatis mutandis under paragraph 6.
9　A person who is dissatisfied with an arbitration under the provisions of the preceding paragraph shall, notwithstanding the provisions of Article 133 paragraph 1, sue at the court of justice having jurisdiction over the land to which the loss occurred, within thirty days from the day of receipt of the original of the written award of arbitration.
10　If no suit is brought under the provision of the preceding paragraph, the award of arbitration made under the provision of paragraph 8 shall, with regard to the compulsory execution, be regarded as a title of debt under the provision of Article 559 item (3) of the Civil Procedure Code (Law No.29 of 1890).
11　The original having executive power concerning a title of debt under the provision of the preceding paragraph shall be granted by the Chairman of the Expropriation Committee.
12　The judgement concerning an objection pertaining to giving of an award under the provisions of the preceding paragraph and the judgement concerning regiving of an award shall be made at the local court Having jurisdiction over the locality of the Expropriation Committee.
CHAPTER VII Effect of Expropriation or Use
(Payment, Deposit, etc. of Compensation Money)
Article 95.　The project initiator shall, by the time of the expropriation or use, make payment of the compensation money determined by arbitration under the provisions of Article 48 paragraph 1, transfer and delivery of substitute land, removal by proxy of article under the provisions of Article 85 paragraph 2 or development into building lot under the provisions of Article 86 paragraph 2.
2　The project initiator may, in the cases enumerated below, regardless of the provisions of the preceding paragraph, deposit the compensation money by the time of expropriation or use:
(1)　In cases where the person who is to receive the compensation money refuses to receive it and in other cases where it is impossible for him to receive the compensation money;
(2)　In cases where the project initiator fails without fault on his part to know the person who is to receive the compensation money;
(3)　In cases where the project initiator is dissatisfied with the award of arbitration made by the Expropriation Committee concerning the amount of compensation money;
(4)　In cases where the project initiator has been prohibited to pay the compensation money because of attachment or provisional attachment.
3　In the case referred to in item (3) of the preceding paragraph, if demanded by the person who is to receive the compensation money, the project initiator shall pay the amount of money on his own estimation and shall deposit the difference with the arbitrated amount of compensation money.
4　The project initiator may, regardless of the provisions of paragraph 1, deposit the substitute land by the time of expropriation or use in the cases enumerated below:
(1)　In cases where the person who is to receive the substitute land refuses to receive it and in other cases where it is impossible for him to have such substitute land transferred or delivered to him.
(2)　In cases where the project initiator has been prohibited to transfer or deliver the substitute land due to attachment or provisional attachment.
5　The project initiator shall, by the time of the completion of the work fixed by the arbitration, develop the land into arable land under the provisions of Article 83 paragraph 2 as arbitrated under the provisions of Article 48 paragraph 1 or execute the work by proxy under the provisions of Article 84 paragraph 2.
(Deposit of Mortgage)
Article 96.　The deposit of money or valuable securities under the provisions of Article 83 paragraph 4 (including the case where it applies mutatis mutandis under Article 84 paragraph 3;hereinafter the same in Articles 97 and 100) concerning arbitration under the provisions of Article 48 paragraph 1 shall be made by the time of the expropriation or use.
(Method of Deposit)
Article 97.　Deposit of money or valuable securities under the provisions of Article 83 paragraph 4 and of Article 95 paragraphs 2 and 3 shall be made to the deposit office having jurisdiction over the land of which expropriation or use is intended.
2　The provisions of Article 495 paragraph 2 of the Civil Code (Law No.89 of 1896) and Articles 81 and 82 of the Law of Procedure in Non-Contentions Cases (Law No.14 of 1898) shall apply mutatis mutandis to the deposit of substitute land under the provisions of Article 95 paragraph 4.
3　The project initiator shall, when he has made a deposit provided for by the provisions of the preceding two paragraphs, inform without delay the person who is to acquire the compensation money, substitute land or mortgage to that effect.
(Delivery of Land or Article or Removal of Article)
Article 98.　The owner of land, party concerned and other persons having a right upon the land to be expropriated or used or upon an article on such land shall deliver the land or article to the project initiator or remove the article by the time of the expropriation or use.
(Delivery of Land or Article or Removal by Proxy of Article and Execution by Proxy)
Article 99.　In the case of any one of the following items with respect to the case referred to in the preceding Article, the mayor of city, town or village shall, upon request by the project initiator, deliver the land or article or remove the article in place of a person who is to deliver the land or article or to remove the article:
(1)　In cases where the person who is to deliver the land or article or to remove the article cannot perform his duty by reason not to be attributed to his responsibility;
(2)　In case the project initiator without fault on his part cannot know the person who is to deliver the land or article or to remove the article.
2　In the case as mentioned in the preceding Article, when a person who is to deliver the land or article or to remove the article fails to perform the obligation, when he performs it only unsatisfactorily or when, although he performs, it is not probable that he completes it by the time of expropriation or use, the governor of To, Do, Fu or prefecture may, upon request by the project initiator. in accordance with the provisions of the Law for Administrative Execution by Proxy (Law No.43 of 1948), execute himself the performance supposed to be executed by the obligor or make a third person execute it. The same shall apply to the case where the person who is to remove the article refuses to accept the rendering of removal by proxy under the provisions of Article 85 paragraph 2 concerning the arbitration under the provisions of Article 48 paragraph 1.
3　In the case of the former part of the preceding paragraph, the governor of To, Do, Fu or prefecture may, informing in advance the obligor and project initiator of the expenses required for the execution by proxy, receive in place of the obligor the compensation money to be paid by the project initiator to the obligor, within the limit of the amount of the expenses.
4　In case the project initiator paid the whole or a part of the compensation money to the governor of To, Do, Fu or prefecture in accordance with the provisions of the preceding paragraph, he shall be regarded, as to the application of this Law, as having paid the compensation money to the owner of land or the party concerned to the limit of the amount of money which the project initiator paid to the governor of To, Do, Fu or prefecture.
5　In the case of the latter part of paragraph 2, the expenses required for the removal of the article shall be collected from the project initiator notwithstanding the provisions of Article 2 of the Law for Administrative Execution by Proxy. When the project initiator has paid the expenses, he shall be considered to have made compensation by execution by proxy of the removal
(Lapse of Arbitration of Expropriation or Use)
Article 100.　In case the project initiator fails, by the time of the expropriation or use, to make payment or deposit of the compensation money of which arbitration was made under the provisions of Article 48 paragraph 1, transfer and delivery or deposit of the substitute land, rendering of removal by proxy of article under the provisions of Article 85 paragraph 2, development into a building lot under the provisons of Article 86 paragraph 2 or deposit of money or valuable securities under the provisions of Article 83 paragraph 4, an award of arbitration of the Expropriation Committee under the provisions of Article 48 paragraph 1 shall loss its effect.
(Acquisition, Extinction and Restriction of Rights)
Article 101.　In case some land or article is expropriated, the project initiator shall, at the time of such expropriation, acquire the proprietary right of the land or article, and other rights concerning such land or article shall be extinguished. However, this shall not apply to a right approved to continue to exist by an award of arbitration under the provisions of Article 76 paragraph 2.
2　In case some land is used, the project initiator shall, at the time of the use, acquire the right to use the land;and the other rights pertaining to the land concerned shall not be exercised during the time of such use. However, this shall not apply to a right which does not prevent the land from being used in such a way as approved in the award of arbitration.
(Effect of Arbitration under the Provisions of Article 81 Paragraph 3)
Article 102.　Notwithstanding the provisions of the main clause of paragraph 1 of the preceding Article, a right approved to continue to exist in the award of arbitration requested under the provisions of Article 81 paragraph 3 shall not be extinguished.
2　If a method and period of restriction is determined over the exercising of a right approved to continue to exist in the award of arbitration under the provisions of Article 81 paragraph 3, an award of arbitration shall be regarded as having been given concerning the use of such right, so far as the application of this Law concerns.
(Risk Bearing)
Article 103.　In case the land or article to be expropriated or used is lost or destroyed after the arbitration for the expropriation or use is made, by a cause not attributable to the responsibility of the owner of land or parties concerned, the loss caused by such disappearance or destruction shall be borne by the project initiator.
(Real Right Granted by Way of Security and Compensation Money or Substitute Land)
Article 104.　In case a subject-matter of preferential right, pledge or mortgage is expropriated or used, such right may be exercised even over the compensation money or substitute land to be received by debtor as a result of expropriation or use of such subject-matter, provided that attachment shall be made prior to the payment or delivery thereof.
(Obligation of Returning or Restoring to Original State)
Article 105.　In the case of using the land, when the term expires or when the use becomes unnecessary due to termination of or alteration in the project or by some other causes, the project initiator shall return the land without delay to the owner of land or his successor.
2　In the case as mentioned in the preceding paragraph, when requested by the owner of land, the project initiator shall restore the land to its original state. However, this shall not apply in case compensation was made concerning the land in accordance with the provisions of the latter part of Article 73.
(Purchase Right)
Article 106.　In case the whole or a part of the land expropriated by the project initiator becomes unnecessary within fifteen years after the time of the expropriation due to termination or alteration of the project or by some other causes, or in case the whole of the land expropriated has not been furnished for use of the project even after five years have elapsed from the time of the expropriation, the person who was the owner of the land at the time of the expropriation or his general successor (hereinafter collectively referred to as the "purchase right holder" ) may, by the time whichever is later, either five years from the time when the land becomes unnecessary or fifteen years from the time of the expropriation, purchase the land by offering to the project initiator the amount equivalent to the compensation money paid by the project initiator for the part of land which has become unnecessary or for the land which has not been furnished for use of the project and for rights other than proprietary right concerning such land. However, the remainder of land expropriated under the provisions of Article 76 paragraph 1 shall not be purchased unless such part of the land expropriated together with the remainder of land as is adjoining to the remainder of land has become unnecessary.
2　The provisions of the preceding paragraph shall not apply to the case where the owner of land has, under the provisions of Article 82, been compensated for the loss by means of substitute land concerning the whole or a part of the expropriated land.
3　In the case referred to in paragraph 1, if the value of land has outstandingly risen as compared with that at the time of the expropriation, the project initiator may claim by suit an increase of the amount referred to in the same paragraph.
4　Purchase right under the provisions of paragraph 1 may, when registered of expropriation in accordance with the provisions of the Immovable Property Registration Law (Law No.24 of 1899), be set up against a third person.
(Extinction of Purchase Right)
Article 107.　In case there is some land which has become unnecessary or has not been furnished for use of the project as prescribed in paragraph 1 of the preceding Article, the project initiator shall inform the purchase right holder to that effect without delay. However, if the project initiator cannot find the purchase right holder without fault on on his part, he shall make a public notice for three times with intervals of at least one month concerning the items to be informed on a newspaper of the region where the land is located.
2　After six months elapse from the day of his receipt of the information or from the day of the third public notice under the provisions of the preceding paragraph, the purchase right holder can not exercise the purchase right, notwithstanding the provisions of paragraph 1 of the preceding Article.
CHAPTER VIII Special Procedures concerning Expropriation or Use
Section 1 Conciliation of Expropriation Committee
(Filing of Request for Conciliation)
Article 108.　After negotiation is commenced under the provisions of Article 40 or application for arbitration is made under the provisions of Article 41, the project initiator may, at any time before an agreement in the negotiation is reached or an award of arbitration under the provisions of Article 48 paragraph 1 given, file a request for conciliation in the Expropriation Committee for the purpose of acquiring or extinguishing the right upon the whole or a part of the land with the consent obtained from all the owners of land and the parties concerned.
2　The project initiator shall, when he intends to file a request for conciliation in the Expropriation Committee in accordance with the provisions of the preceding paragraph, submit to the Expropriation Committee papers in which the reason for filing the request for conciliation is stated and papers which certify that the owner of land and the parties concerned have given consent to the filing of the request for conciliation.
(Conciliators)
Article 109.　When a filing of request for conciliation under the provisions of the preceding Article has been made, the Expropriation Committee shall make the conciliators conduct conciliation.
2　The conciliators shall consist of three members.
3　The conciliators shall be appointed from among the members of the Expropriation Committee by the chairman of the Expropriation Committee.
4　Notwithstanding the provisions of the preceding paragraph, the chairman may, when he deems it necessary, appoint as two of the conciliators, one person each from among the persons mentioned below who are not members of the Expropriation Committee:
(1)　Persons recommended by the project initiator;
(2)　Persons recommended by the owner of land and by the parties concerned.
5　A person nominated by the chairman of the Expropriation Committee from among the conciliators appointed from among the members of the Expropriation Committee shall be the chairman at the meetings of the conciliators.
6　The meetings of the conciliators shall be convened by the chairman, and the proceedings, except in the case of drawing up a conciliation plan, shall be decided by the majority of the conciliators. In case of a tie, the chairman shall decide.
7　Conciliators shall be of part-time service.
(Not Open to the Public)
Article 110.　The proceedings of conciliation shall not be opend to the public.
(Hearing of Opinions)
Article 111.　The conciliators shall, determining the date, request the appearance of the, project initiator, the owner of land, the parties concerned or witnesses and shall hear their opinions.
(Drawing Up of Conciliation Plan, and Recommendation)
Article 112.　The conciliators shall, at such a time as may be deemed proper, draw up a conciliation plan upon consent of all the conciliators, show, it to the project initiator, the owner of land and the parties concerned, and shall, fixing a time-limit which they deem proper, recommend the acceptance of the same.
(Acceptance of Conciliation Plan)
Article 113.　The project initiator, the owner of land and the parties concerned shall, in case they accept the conciliation plan under the provisions of the preceding Article, draw up a written conciliation, and shall, affixing their signature and seal, submit the same to the conciliators.
(Rejection and Withdrawal of Request for Conciliation)
Article 114.　When the conciliation fails to be successfully concluded even after the lapse of a reasonable period from the day on which the request for conciliation was filed under the provisions of Article 108, or when there is no probability of conciliation being successfully concluded, the conciliators may reject the request for conciliation.
2　When the conciliation fails to be successfully concluded even after the lapse of two months from the day on which the request for conciliation was filed under the provisions of Article 108, the project initiator may withdraw the request for conciliation.
3　In the case where recommendation for acceptance of a conciliation plan is made under the provisions of Article 112, if the project initiator, the owner of land and the parties concerned fail to accept the same within the period fixed by the conciliators in accordance with the provisions of the said Article, the request for conciliation shall be regarded as having been withdrawn.
(Effect of Conciliation)
Article 115.　When a written conciliation under the provisions of Article 113 was received by the conciliators, an agreement under the provisions of Article 40 shall be regarded as having been reached, so far as application of this Law is concerned.
Section 2 Confirmation of Agreement
(Application for Confirmation of Agreement)
Article 116.　When an agreement under the provisions of Article 40 has been reached between the project initiator and all the owners of land and parties concerned regarding the whole or a part of the land, the project initiator may, only within the period of one year from the day on which the public notice of the details of land under the provisions of Article 33 is made, make application for the confirmation of agreement to the Expropriation Committee of To, Do, Fu or prefecture in which the land concerned is located, after obtaining the consent of the owners of the land and the parties concerned.
2　The project initiator, when he intends to make the application under the provisions of the preceding paragraph, shall, following the form fixed by Ministry of Construction Ordinance, submit to the Expropriation Committee a written application for confirmation with the items enumerated below stated therein, together with papers certifying that the consent of the owner of land and the parties concerned was obtained:
(1)　Location, lot number, classification and area of the land on which the agreement has been reached;
(2)　Names and addresses of the owner of land and the parties concerned of the land as mentioned in the preceding item;
(3)　Substance of the right he is acquiring or extinguishing through the agreement;
(4)　Time of acquiring or extinguishing the right;
(5)　Counter value.
(Remedying of Defects in Written Application for Confirmation)
Article 117.　The provisions of Article 119 shall apply mutatis mutandis to the correction of defects in the written application for confirmation prescribed in paragraph 2 of the preceding Article. In this case, "the preceding article" shall read "Article 116 paragraph 2" , "written application, for project recognition" shall read "written application for confirmation" , and "the Minister of Construction or the governor of To, Do, Fu or prefecture" shall read "the Expropriation Committee" .
(Confirmation of Agreement)
Article 118.　The Expropriation Committee shall, upon receipt of a written application for confirmation prescribed in Article 116 paragraph 2, excepting the case where the written application for confirmation is rejected in accordance with the provisions of Article 19 paragraph 2 which applies mutatis mutandis under the preceding Article, forward to the mayor of city, town or village concerned respectively a duplicate copy of such part as is related to each city, town or village concerned.
2　The mayor of city, town or village shall, upon receipt of the papers prescribed in the preceding paragraph, immediately make a public notice to the effect that the application for confirmation has been submitted and shall furnish the papers open to the public inspection for two weeks on and after the day of public notice.
3　The mayor of city, town or village shall, upon making public notice under the provisions of the preceding paragraph, report without delay the date of the public notice to the Expropriation Committee.
4　When the public notice is made under the provisions of paragraph 2, the interested parties may make objections in writing concerning the conclusion and substance of the negotiation to the Expropriation Committee within the period of public inspection prescribed in the said paragraph.
5　In cases where an application for confirmation of agreement under the provision of Article 116 is not in violation of laws and orders and no objection is made under the provisions of the preceding paragraph, or in cases where an objection is made but it is clear that the making of the objection is in violation of the provisions of the said paragraph or is not justifiable and the substance of the agreement is in conformity with the stipulations of Chapter VII, the Expropriation Committee shall confirm the matters enumerated in the items of Article 116 paragraph 2.
(Rejection of Confirmation)
Article 119.　In cases where an application for confirmation of agreement under the provisions of Article 116 is made, if the application does not comply with the provisions of paragraph 5 of the preceding Article, the Expropriation Committee shall reject confirmation. However, in cases where the objection made concerns only a part of the land for which the application has been made and does not affect the remaining part of the land, the Expropriation Committee shall make confirmation so far as the part which is not affected concerned.
(Method of Confirmation Disposition and Service of Written Confirmation)
Article 120.　The provisions of Article 66 shall apply mutatis mutandis to the confirmation under the provisions of Article 118 paragraph 5 or the proviso to the preceding Article, or to the rejection of confirmation under the provisions of the main clause of the preceding Article. In this case, "arbitration and decision" shall read "confirmation or rejection of confirmation" , "written award of arbitration and of decision" shall read "written confirmation and written rejection of confirmation" and "the project initiator, owner of land and party concerned" shall read "the project initiator, owner of land, party concerned and interested parties who made an objection under the provisions of Article 118 paragraph 4" .
(Effects of Confirmation)
Article 121.　In case the confirmation under the provisions of Article 118 paragraph 5 or the proviso to Article 119 has been made, arbitration under the provisions of Article 48 paragraph 1 of expropriation or use shall be regarded as having been awarded so far as the application of this Law is concerned. In this case, the project initiator, owner of land and party concerned may not dispute on the reaching of agreement and the substance thereof.
Section 3 Use of Land for Project Requiring Urgent Execution
(Use of Land at the Time of Emergency)
Article 122.　In the case of emergency or calamity if there is a necessity of executing especially urgently a project prescribed in one of the items of Article 3 in order to conserve the public safety, the project initiator may use the land of other person immediately, obtaining permission of the mayor of city, town or village on the kind of project, the area of land intended for use and the method and period of use. However, in case the project initiator is the State, the head of the appropriate administrative organ or of its local branch office having competency on execution of the project, and in case the project initiator is To, Do, Fu or prefecture, the governor of To, Do, Fu or prefecture shall only be required to notify the mayor of city, town or village of the kind of project, the area of land intended for use and the method and period of use, and shall not be required to obtain permission.
2　The area and the method and period of use of the land to be used under the provisions of the preceding paragraph shall not be beyond the scope deemed necessary and unavoidable for the conservation of public safety.
3　The mayor of city, town or village shall, when he has given permission under the provisions of the main clause of paragraph 1 or when he has been notified unber the provisions of the proviso to the same paragraph, notify immediately the owner and occupant of the land of the name of project initiator, the kind of project, the area of land intended for use and the method and period of use.
4　The period of use under the provisions of paragraph 1 may not exceed six months from the day when permission was given (in the case of the proviso to the same paragraph, the day when the mayor of city, town or village was notified).
(Use of Land for Project Requiring Urgent Exection)
Article 123.　In cases where there is a necessity of executing urgently a project as applied for arbitration under the provisions of Article 41, if the execution of the project is delayed because of delay in arbitrating under the provisions of Article 48 paragraph 1, as a result of which it becomes difficult to prevent disasters or there is danger otherwise of greatly impeding public benefit, the Expropriation Committee may, at the request of the project initiator, permit an immediate use of the land, fixing the area of land and method of use and making the project initiator offer a mortgage.
2　The period of use under the provisions of the preceding paragraph shall be six months. Renewal of period of permission of use may not be made.
3　The Expropriation Committee shall, when it has made a permission under the provisions of paragraph 1, notify immediately the owner and occupant of the land of the name of project initiator, the kind of project, the area of land intended for use and the method and period of use.
4　In the case referred to in paragraph 1, when demanded by the owner of land and party concerned, the project initiator shall pay the loss compensation amount on his own estimation.
5　After the permission of use under the provisions of paragraph 1 is made, if the arbitration under the provisions of Article 48 paragraph 1 is made, the permission of use under the provisions of paragraph 1 shall lose its effect at the time stipulated in paragraph 1 item (3) of the same Article, or if arbitration for rejection is made under the provisions of Article 47, it shall lose its effect at the time of the arbitration, notwithstanding the provisions of paragraph 2.
6　The provisions of Article 83 paragraphs 4 to 7 inclusive shall apply mutatis mutandis with respect to the mortgage to be offered under the provisions of paragraph 1 and the acquisition and regaining thereof. In this case, "the preceding paragraph" in paragraph 4 of the same Article shall read "Article 123 paragraph 1" , "completed the work" in paragraphs 5 and 6 of the same Article shall read "paid the compensation money" , and "to be completed" in paragraph 5 of the same Article shall read "to be paid" , "loss compensation by means of the development into arable land" in paragraph 5 of the same Article shall read "loss compensation" .
(Compensation for Loss Caused by Use Mentioned in Preceding Two Articles)
Article 124.　When the project initiator obtains the permission for use of land in accordance with the provisions of Article 122 paragraph 1, when the term of use under the provisions of paragraph 2 of the preceding Article expires or when the permission for use loses the effect thereof under the provisions of paragraph 5 of the same Article, he shall compensate in accordance with the provisions of Chapter VI Section 1 (excluding Articles 71, 78, 79 and 81) the loss caused by the using of land. In this case, the computation concerning the loss compensation shall be made according to the value at the time of the use.
2　The provisions of Article 94 (excepting paragraph 6) shall apply mutatis mutandis to the case of the preceding paragraph. In this case, "the preceding three Articles" in paragraph 1 of the said Article shall read "Article 124 paragraph 1" , and "paragraph 6" in paragraph 8 of the same Article shall read "paragraph 6 which applies under Article 124 paragraph 3" .
3　The provisions of Article 94 paragraph 6 shall apply mutatis mutandis to the case of deliberation of the Expropriation Committee under the provisions of Article 94 paragraph 5 which applies mutatis mutandis under the preceding paragraph. In this case, "Article 94" shall read "Article 94 which applies mutatis mutandis under Article 124 paragraph 2" .
CHAPTER IX Fee and Bearing of Expenses
(Fee)
Article 125.　A person who falls under one of the items as enumerated below shall pay a fee as provided for by Cabinet Order within the limit not exceeding ten thousand yen, in the case as mentioned in item (1), to the State if the person who is to make the project recognition is the Minister of Construction, and to To, Do, Fu or prefecture, if he is the governor of To, Do, Fu or prefecture, and in the case as mentioned in items (2) to (5) inclusive to To, Do, Fu or prefecture. However, this shall not apply to the case where such person is the State or To, Do, Fu or prefecture (except the cases as may be provided for by Cabinet Order):
(1)　Person who applies for project recognition under the provisions of Article 18:
(2)　Person who applies for arbitration of expropriation or use or of loss compensation under the provisions of Article 41 or Article 94 paragraph 2 (including the case where the Article applies mutatis mutandis under Article 124 paragraph 2);
(3)　Person who asks for conciliation by the Expropriation Committee under the persons of Article 108 (except the one who is in course of application for arbitration);
(4)　Person who applies under the provisions of Article 116 for confirmation of agreement by the Expropriation Committee;
(5)　Person who asks under the provisions of other laws for an arbitration by the Expropriation Committee.
(Bearing of Travel Expenses and Allowances of Appraiser, etc.)
Article 126.　The travel expenses and allowances of appraiser and witness under the provisions of Article 65 paragraph 5 (including the case where this applies mutatis mutandis under Article 94 paragraph 6 or under Article 94 paragraph 6 which applies mutatis mutandis under Article 124 paragraph 3) shall be borne by the project initiator.
(Bearing, Collection, etc. of Proceeding Expenses, Obligation Performing Expenses and Other Expenses)
Article 127.　The expenses required by the project initiator, the owner of land and the parties concerned for taking such proceedings or other actions or for performing such obligations as prescribed by this Law or orders issued thereunder shall be borne by the respective persons.
Article 128.　The expenses required for delivering the land or article or for removing the article in accordance with the provisions of Article 99 paragraph 1 shall be collected by the mayor of city, town or village from the person who is to deliver the land or article or to remove the article in accordance with the provisions of Article 98.
2　The provisions of Article 99 paragraphs 3 and 4 shall apply mutatis mutandis to the case where the mayor of city, town or village collects the expenses in accordance with the provisions of the preceding paragraph. In this case, "the first part of the preceding paragraph" and "the expenses required for the execution of proxy" in paragraph 3 of the said Article shall read "Article 128 paragraph 1" and "the expenses required by the mayor of city, town or village for delivery of the land or article or for removal of the article in accordance with the provisions of paragraph 1" respectively, and "the governor of To, Do, Fu or prefecture" in the same paragraph and paragraph 4 of the same Article shall read "the mayor of city, town or village" .
3　In case the mayor of city, town or village cannot collect the expenses referred to in paragraph 1 in accordance with the provisions of Article 99 paragraph 3 which applies mutatis mutandis under the preceding paragraph or in case he deems it improper to collect it, he shall make the person prescribed in paragraph 1 pay it, notifying him in advance of the amount of money to be paid, and the term and place of such payment.
4　In case the person who was notified in accordance with provisions of the preceding paragraph fails to make complete payment of the amount which he is to pay under the provisions of the same paragraph even after expiration of the term of which he was informed under the provisions of the same paragraph, the mayor of city, town or village shall press him for payment with a demand-note fixing the term of payment.
5　In case the person pressed under the provisions of the preceding paragraph fails to pay by the fixed date the amount of money which he is to pay under the provisions of paragraph 3, the mayor of city, town or village may collect it following the instance of disposition for recovering the national tax in arrears. The preferential right of the collection of money in this case shall be of the same precedence as the collection of money of the city, town or village other than the local tax.
CHAPTER X Appeal and Suit
(Appeal)
Article 129.　In case a person who has an interest in the recognition of a project made by the governor of To, Do, Fu or prefecture is dissatisfied with the recognition of the work, he may appeal to the Minister of Construction, in the course of two weeks from the day on which the notification of the recognition of the project under the provisions of Article 26 paragraph 1 was made.
2　Any person who is dissatisfied with the award of arbitration of the Expropriation Committee may appeal to the Minister of Construction, in the course of two weeks from the day on which the original of the written award of arbitration was delivered. However no appeal may be made with respect to the compensation for loss (except the arbitration concerning the demand prescribed in the provisions of Article 76 paragraph 1, Article 78 and Article 81 paragraph 1).
(Arbitration of Appeal)
Article 130.　In case an appeal under the provisions of paragraph 1 of the preceding Article is made, if the recognition of project is deemed to be in violation of the provisions of laws and orders or to be improper, the Minister of Construction may give an award of arbitration that the whole or a part of the recognition of project be cancelled or altered.
2　In case an appeal under the provisions of paragraph 2 of the preceding Article is made, if the award of arbitration of the Expropriation Committee is deemed to be in violation of the provisions of laws and orders or to be improper, the Minister of Construction may give an award of arbitration that the whole or a part of the original award of arbitration be cancelled or altered.
3　In the case where the Minister of Construction has cancelled the recognition of project or the original award of arbitration in accordance with the provisions of the preceding two paragraphs, if he deems it necessary, he may return the case to the governor of To, Do, Fu or prefecture or to the Expropriation Committee.
4　When the case is returned in accordance with the provisions of the preceding paragraph, the governor of To, Do, Fu or prefecture shall again make disposition concerning the project recognition, and the Expropriation Committee shall again make examination and arbitration. In this case, the proceedings and other acts already done for purposes of the project recognition or the arbitration may be omitted, excepting those which were the reasons for the cancellation of the project recognition or of the original award of arbitration on the ground that they were in violation of the provisions of laws and orders.
5　The Minister of Construction shall, if he deems that an appeal is not justifiable, reject the appeal by means of arbitration.
6　In cases where an appeal is instituted under the provisions of the preceding Article, even though there is an illegality regarding proceedings and other acts before the recognition of project by the governor of To, Do, Fu or prefecture or the award of arbitration by the Expropriation Committee is made, if it is only a slight illegality and there is no fear of affecting the recognition of project or the arbitration, the Minister of Construction may reject the appeal by means of arbitration.
Article 131.　When the Minister of Construction makes arbitration under the provisions of paragraph 1, 2, 5 or 6 of the preceding Article on an appeal under the provisions of Article 129, he shall hear beforehand the opinion of the Land Coordination Commission.
(Suit)
Article 132.　A suit requesting cancellation or change of an illegal arbitration made by the Minister of Construction shall be instituted in the course of two weeks from the day on which the original of the written award of arbitration was delivered.
Article 133.　A suit concerning compensation for loss, out of awards of arbitration by the Expropriation Committee, shall be instituted in the course of three months from the day on which the original of the written award of arbitration was delivered.
2　In case the person who starts a suit under the provisions of the preceding paragraph is the project initiator, the defendant shall be the owner of land or the party concerned;in case he is the owner of land or the party concerned, the defendant shall be the initiator.
Article 134.　Institution of suit under the provisions of the preceding Article shall not suspend the progress of project and the expropriation or use of the land.
CHAPTER XI Miscellaneous Provisions
(Methods of Period Calculation, Information and Service of Papers)
Article 135.　The method of calculation of period under the provisions of this Law shall, except the method of calculation of period within which an appeal and suit must be made, be in accordance with the Civil Code. However, the days from December 29 to 31 shall be regarded as other holidays under the provisions of Article 142 of the said Law, and in case a written application, written opinion, request for conciliation or request for protest has been served by mail, the days needed for mailing shall not be included in the calculation.
2　Matters necessary for the method of the information and of service of papers shall be provided for by Cabinet Order.
(Proxy)
Article 136.　The project initiator, owner of land and party concerned may, concerning the procedures and other acts provided for by this Law such as the application for project recognition, application for arbitration, presentation of written opinion, etc., make an attorney or other suitable person his proxy.
2　The proxy referred to in the preceding paragraph shall certify his powers in writing.
(Obligation for Keeping Secret)
Article 137.　The members and substitute members of the Expropriation Committee as well as the members of conciliators shall not let out the secrets which they have come to know on their duties. The same shall apply even after their retiring from the positions.
(Provisions of Mutatis Mutandis Application concerning Expropriation or Use of Rights, Articles, Soil, Stone, Sand and Gravel)
Article 138.　The provisions of Article 10, Chapter III, Chapter IV, Chapter V Section 2, Chapter VI (excepting Articles 76 and 81), Chapter VII (excepting Articles 102,106 and 107), Chapters VIII to X inclusive and Article 136 shall apply mutatis mutandis to the cases where the rights as referred to in Article 5 or the standing trees, buildings and other articles fixed to land as referred to in Article 6 are expropriated or used, or to the cases where the soil, stone, sand and gravel as referred to in Article 7 are expropriated. However, in the cases listed in the following items, the provisions mentioned in each item concerned among the provisions of Chapters VI and VII shall not apply mutatis mutandis:
(1)　In case the pledge or mortgage prescribed in Article 5 paragraph 1 item (1), the rights prescribed in item (2) or (3) of the said paragraph or paragraph 2 or 3 of the said Article, or the standing trees, buildings and other articles affixed to land as prescribed in Article 6 are expropriated of used:　Articles 82 and 83;
(2)　In case soil, stone, sand and gravel as prescribed in Article 7 are expropriated:　Articles 73, 82, 83, 98, 99,101 and 105.
2　"The owner of land" in the provisions of this Law which apply mutatis mutandis under the preceding paragraph shall read: "the holder of the right" in case of expropriating or using such rights enumerated in Article 5, "the holder of the articles" in case of expropriating or using such standing trees, buildings or other articles affixed to the land as mentioned in Article 6, and "the owner of the land to which the soil, stone, sand and gravel appertain" in case of expropriating the soil, stone, sand and gravel as prescribed in Article 7;and in any one of the following cases, the alteration in reading of the provisions of this Law applicable mutatis mutandis under the preceding paragraph as provided for in the respective items shall be as prescribed in each appropriate item:
(1)　In the case of expropriating or using the rights mentioned in Article 5:　"Change of shape or quantity" in Article 34 paragraph 1 or "change of shape or quantity of the land" in paragraph 2 of the same Article shall read "change of shape or quantity of the land, river site or water which is the object of the rights or has some connection with the rights" in the case of expropriation or using the rights mentioned in Article 5 paragraph 1 or 3, and "destruction or removal of standing tree, building and other articles affixed to land which are the object of the rights" in the case of expropriating or using the rights concerning the standing tree, building and other articles affixed to land mentioned in paragraph 2 of the same Article; "the land" in Article 37 paragraph 1 (excepting items (1) and (2)) shall read "the right" ; "the land" in item (1) of the same paragraph shall read "the land, river site, water, standing tree, building and other articles affixed to land which are object of the rights or have some connection with the rights" ; "area of land" in item (2) of the same paragraph shall read "kinds and substance of rights" ; "acquiring or extinguishing" in Article 40 and in Article 116 paragraph 2 items (3) and (4) shall read "extinguishing or restricting" ;the project initiator shall, at the time of such expropriation, acquire the proprietary right of the land or article "in Article 101 paragraph 1 shall read" at the time of such expropriation, the right shall be extinguished and the project initiator shall acquire the proprietary right of the article ";" the project initiator shall, at the time of such use, acquire the right of using the land "in paragraph 2 of the same Article shall read" such right shall be restricted at the time of such use "," lost or destroyed "in Article 103 shall read" extinguished or changed ";and" disappearance or destruction "shall read" extinction or change";
(2)　In the case of expropriating or using the standing trees, buildings and other articles fixed to the land mentioned in Article 6:　"changing of the shape or quality" in Article 34 shall read "destroying or taking away" ;and the terms in Article 37 paragraph 1 items (1) to (3) inclusive shall be replaced by those in paragraph 2 items (1) to (3) inclusive of the same Article.
(3)　In the case of expropriating the soil, stone, sand and gravel belonging to the land mentioned in Article 7:　"change of the shape or quality" in Article 34 shall read "change of the shape or quality of the land to which the soil, stone, sand and gravel belong" ; "the land" in Article 37 paragraph 1 (except items (1) and (2)) shall read "the soil, stone, sand and gravel belonging to the land" ; "the land" in item (1) of the same paragraph shall read "the land to which the soil, stone, sand and grave belong" ;and "Area of the land" in item (2) of the same paragraph shall read "Kind and quantity of soil, stone, sand and gravel" .
3　Other than those provided for in the preceding paragraph, technical amendment in reading necessary in the provisions of this Law which apply mutatis mutandis under the paragraph 1 shall be provided for by Cabinet Order.
(Special Case of Effect in Expropriating Soil, Stone, Sand and Gravel)
Article 139.　In case the project initiator expropriates soil, stone, sand and gravel in accordance with the provisions of Article 7, at the time of the expropriation he shall have the right to collect the soil, stone, sand and gravel, and the other rights concerning the land to which the soil, stone, sand and gravel belong shall not be exercised to the extent of hindering the collection.
2　In the case of the preceding paragraph, the owner of land to which the soil, stone, sand and gravel belong, the parties concerned and the persons who have rights pertaining to the land concerned shall deliver the land to the project initiator by the time of the expropriation.
(Regulations concerning Special Public Body)
Article 140.　The provisions concerning the city, town or village or the mayor of city, town or village among the provisions of this Law (excluding Article 3) shall apply to the special ward or the head thereof in the areas of To where there are established special wards and to the ward or the head thereof of a city under the provisions of Article 155 paragraph 2 of the Local Autonomy Law (Law No.67 of 1947).
2　In case an association of towns and villages collectively handles all the affairs of the towns and villages or the affairs to be handled in the town or village offices, the provisions concerning the town or village or the head thereof among the provisions of this Law shall apply to the association concerned or to the manager thereof.
CHAPTER XII Penal Provisions
Article 141.　In case any person has come to fall under any one of the following items, he shall be punished with penal servitude not exceeding one year or with a fine not exceeding \30,000:
(1)　In case the appraiser ordered to appear before the Expropriation Committee under the provisions of Article 65 paragraph 1 item (2)(including the case where this applies mutatis mutandis under Article 94 paragraph 6 (including the case where this applies mutatis mutandis under Article 138 paragraph 1), Article 94 paragraph 6 applicable mutatis mutandis under Article 124 paragraph 3 (including the case where this applies mutatis mutandis under Article 138 paragraph 1) or Article 138 paragraph 1;hereinafter the same in Article 146 item (1)) has made a false appraisal;
(2)　In case a person obligated to keep secrets under the provisions of Article 137 has divulged the secret which he came to know while exercising his duty.
Article 142.　A person who violates the provisions of Article 34 paragraph 1 (including the case where this applies mutatis mutandis under Article 138 paragraph 1 (only in the case of expropriating and using such standing trees, buildings and other articles as mentioned in Article 6 or in the case of expropriating such soil, stone, sand and gravel as prescribed in Article 7)) shall be punished with penal servitude not exceeding six months or with a fine not exceeding \20,000:
Article 143.　A person coming under any one of the following items shall be punished with a fine not exceeding \30,000:
(1)　Project initiator who entered or let other person enter the land without obtaining permission of the governor of To, Do, Fu or prefecture in the case provided for in Article 11 paragraph 1;
(2)　Person who, in contravention of the provisions of Article 13 (including the case where this applies mutatis mutandis under Article 35 paragraph 3 or under Article 35 paragraph 3 which is applicable under Article 138 paragraph 1);refused or hindered the entering under the provisions of Article 11 paragraph 3;
(3)　Person who felled or removed obstacles without obtaining permission of mayor of city, town or village in the case provided for in Article 14 paragraph 1;
(4)　Person who failed to deliver the land or article or to remove the article in contravention of the provisions of Article 98 (including the case where this applies mutatis mutandis under Article 138 paragraph 1);
(5)　Person who failed to deliver the land in contravention of the provisions of Article 139 paragraph 2.
Article 144.　A person who refused, hindered or evaded the actual survey under the provisions of Article 65 paragraph 1 item (3)(including the case where this applies mutatis mutandis under Article 94 paragraph 6 (including the case where this applies mutatis mutandis under Article 138 paragraph 1), under Article 94 paragraph 6 which is applicable mutatis mutandis under Article 124 paragraph 3 (including the case where this applies mutatis mutandis under Article 133 paragraph 1), or under Article 138 paragraph 1) shall be punished with a fine not exceeding \10,000.
Article 145.　When a representative of a juridical person or an agent, an employee or any other worker of a juridical person or natural person has committed the violation of the provisions of the preceding three Articles in connection with the business of the juridical person or the natural person, the juridical person or the natural person shall be punished with a fine under the respective Articles, in addition to the punishment of the offender. However, this shall not apply to the cases where there are proofs that sufficient caution and supervision over the representatives, employees and other workers of the juridical person or the natural person have been exercised to prevent such acts of violation in the business.
Article 146.　In case a person comes under any one of the following items, he shall be punished with a non-criminal fine not exceeding \10,000:
(1)　In case the appraiser ordered to appear in accordance with the provisions of Article 65 paragraph 1 item (2) fails to appear without proper reason or fails to appraise;
(2)　In case the person ordered to appear in accordance with the provisions of Article 65 paragraph 1 item (1)(including the case where this applies mutatis mutandis under Article 94 paragraph 6 (including the case where this applies mutatis mutandis under Article 138 paragraph 1), under Article 94 paragraph 6 which is applicable mutatis mutandis under Article 124 paragraph 3 (including the case where this applies mutatis mutandis under Article 138 paragraph 1), or under Article 138 paragraph 1;hereinafter the same in item (3)) fails to appear without proper reason or to make statement or makes a false statement;
(3)　In case the person ordered to submit materials in accordance with the provisions of Article 65 paragraph 1 item (1) fails to submit the material without proper reason or has submitted false materials.
Supplementary Provision:
The enforcement date of this Law shall be fixed by Cabinet Order within the period of not more than one year reckoning from the day of its promulgation.
Prime Minister　YOSHIDA Shigeru
Attorney-General　OHASHI Takeo
Minister for Foreign Affairs　YOSHIDA Shigeru
Minister of Finance　IKEDA Hayato
Minister of Education　AMANO Teiyu
Minister of Welfare　KUROKAWA Takeo
Minister of Agriculture and Forestry　HIROKAWA Kozen
Minister of International Trade and Industry　YOKOO Shigemi
Minister of Transportation　YAMAZAKI Takeshi
Minister of Postal Services　TAMURA Bunkichi
Minister of Telecommunications　TAMURA Bunkichi
Minister of Labor　HORI Shigeru
Minister of Construction, pro tempore　Minister of State　SUTO Hideo
President of Economic Stabilization Board　YOSHIDA Shigeru