(Abolition of Old Law)
Article 1. The Land Expropriation Law (Law No.29 of 1900;hereinafter referred to as the "old Law" ) shall be abolished.
(Transitional Provisions)
Article 2. The application for the recognition of project made under the provisions of Article 13 of the old Law before the enforcement of the Land Appropriation Law (Law No.219 of 1951;hereinafter referred to as the "new Law" ) shall be regarded as having been made to the Minister of Construction or the governor of To, Do, Fu or prefecture in accordance with the provisions of Article 18 of the new Law and following the classification prescribed in Article 17 of the new Law.
2 With respect to the application regarded as having been made to the governor of To, Do, Fu or prefecture under the provisions of the preceding paragraph, the Minister of Construction shall forward the papers concerned without delay to the governor of To, Do, Fu or prefecture concerned. In this case, the day on which the governor of To, Do, Fu or prefecture receives the papers concerned shall be regarded as the day on which he receives the application for recognition of the project, as to the application of the provisions of Article 27 paragraph 1 item (2) of the new Law.
3 In the case of the preceding two paragraphs, the Minister of Construction or the governor of To, Do, Fu or prefecture may, if he deems it necessary, order the project initiator to submit the papers mentioned in Article 18 paragraph 2 item (4) or (5).
Article 3. In case the applications for arbitration and attached papers thereto are being opened to public inspection at the time when the new Law comes into force in accordance with the provisions of Article 24 paragraph 2 of the old Law, the period of inspection of the papers shall be two weeks from the day of the public notice, notwithstanding the provisions of the said paragraph.
2 In case the period of public inspection of papers under the provisions of Article 24 paragraph 2 of the old Law has expired but two weeks have not elapsed yet from the first day of the public inspection, the period in which the owner of land and the parties concerned may submit a written opinion shall be two weeks from the first day of the period of public inspection, notwithstanding the provisions of Article 45 paragraph 1 of the new Law.
Article 4. The application for decision of loss compensation made under the provisions of Article 59 of the old Law before the enforcement of the new Law shall be regarded as the application made under the provisions of Article 94 paragraph 2 of the new Law. In this case, the governor of To, Do, Fu or prefecture shall without delay forward the papers concerned to the Expropriation Committee.
Article 5. Unless provided for in the preceding three Articles, the disposition, procedures and other actions performed under the provisions of the old Law before the enforcement of the new Law shall, as to the application of the new Law, be regarded as having been made under the provisions of the new Law, in case the new Law prescribes what corresponds to these provisions.
Article 6. With respect to the land expropriated under the provisions of the old Law, if the whole or a part of it has become unnecessary within twenty years from the time of the expropriation due to termination or change of the project or some other cause (except in the case where it is at that time being used for a project recognized by the competent Minister in accordance with the provisions of Article 66 paragraph 3 of the old Law), the person who was the owner of the land at the time of the expropriation or his general successor may, notwithstanding the provisions of the main clause of Article 106 paragraph 1 of the new Law, purchase the land within twenty years after the time of the expropriation, offering to the project initiator the sum equivalent to the compensation money which the project initiator paid for the part of land which has become unnecessary or for the rights other than the proprietary right of such part of land.
Article 7. With respect to the law suit against the decision made by the governor of To, Do, Fu or prefecture in accordance with the provisions of Article 59 of the old Law, the provisions of Article 82 paragraph 3 of the old Law shall be followed even after enforcement of the new Law.
Article 8. Actions necessary for appointment of the members and substitute members of the Expropriation Committee under the provisions of Article 52 paragraph 3 of the new Law may be performed even before the enforcement of the new Law.
2 The term of office of the members initially appointed after the enforcement of the new Law shall, notwithstanding the provisions of Article 53 paragraph 1 of the new Law, be one year for two of them, two years for two others, and three years for the other three, which shall be decided at the meeting of the Expropriation Committee initially convened.
3 The meeting of the Expropriation Committee to be initially convened shall be convened by the governor of To, Do, Fu or prefecture, notwithstanding the provisions of Article 60 paragraph 1 of the new Law.
(Application of Penal Provisions)
Article 9. As for the application of penal provisions to an act done before enforcement of the new Law, the precedents under the former provisions shall apply, even after the enforcement of the new Law.
(Transitional Provisions concerning Land Improvement District)
Article 10. So far as the application of the provisions of Article 3 item (5) or (6) of the new Law is concerned, the cultivated field adjustment associations, the leagues of cultivated field adjustment associations, the Hokkaido Land Development and Conservation Association, the ordinary water utilization associations, and the federations of ordinary water utilization associations shall be regarded as land improvement districts.
(Transitory Provisions concerning Limited Jonit-stock Partnership)
Article 11. During the time for which limited joint-stock partnerships are permitted to continue to exist in accordance which the provisions of Article 46 paragraph 3 of the Enforcement Law for the Law for Partial Amendment of the Commercial Law (Law No.210 of 1951), "an unlimited partnership, limited partnership, joint-stock company, limited company" in Article 61 paragraph 1 item (4) of the new Law shall read "an unlimited partnership, limited partnership, joint-stock company, limited jointstock partnership" , and "member of the unlimited partnership, general partner of the limited partnership, director or auditor of the jointstock company or of the limited company" , as "member of the unlimited partnership, general partner of the limited partnership or of the limited joint-stock company, director or auditor of the joint-stock company or of the limited company" .
(Partial Amendment to the City Planning Law)
Article 12. The City Planning Law (Law No.36 of 1919) shall be partially amended as follows:
In Article 19, "the recognition of project in accordance with the Land Condemnation Law by the approval of the city planning in accordance with the provision of Article 3" shall be amended as "the recognition of project made by the Minister of Construction in accordance with the provision of Article 20 of the Land Expropriation Law by the approval of the city planning project in accordance with the provision of Article 3" .
In Article 20 paragraph 1, "Article 22 paragraph 1 of the Land Condemnation Law" shall be amended as "Article 40 of the Land Expropriation Law" ;and in paragraph 2 of the same Article, "the Condemnation Examination Council" , as "the Expropriation Committee" .
(Partial Amendment to the Law for the Improvement of Areas of Unsatisfactory Housings)
Article 13. The Law for the Improvement of Areas of Unsatisfactory Housings (Law No.14 of 1927) shall be partially amended as follows:
In Article 16. "the recognition of project in accordance with the provision of Article 12 of the Land Condemnation Law" shall be amended as "the recognition of project made by the Minister of Construction in accordance with the provision of Article 20 of the Land Expropriation Law" , and "the public notice in accordance with the provision of Article 14 of the Land Condemnation Law" as "the public notice in accordance with the provision of Article 26 paragraph 1 of the Land Expropriation Law" .
In Article 17 paragraph 2, "the Condemnation Examination Council" shall be amended as "the Expropriation Committee" .
In Article 19, "the Condemnation Examination Council" shall be amended as "the Expropriation Committee" , and "Article 82 paragraphs 1 and 2" , as "Article 133" .
(Partial Amendment to the Ministry of Construction Establishment Law)
Article 14. The Ministry of Construction Establishment Law (Law No.113 of 1948) shall be partially amended as follows:
In the Table of Article 10 paragraph 1,
"Condemnation Examination Council |
To exercise the powers based on the Land Condemnation Law (Law No.29 of 1900)" |
shall be deleted.
(Partial Amendment to the Japan Monopoly Corporation Law)
Article 15. The Japan Monopoly Corporation Law (Law No.255 of 1948) shall be partially amended as follows:
In Article 49, "the Land Condemnation Law (Law No.29 of 1900)" shall be amended as "the Land Expropriation Law (Law No.219 of 1951)."
(Partial Amendment to the Japanese National Railways Law)
Article 16. The Japanese National Railways Law (Law No.256 of 1948) shall be partially amended as follows:
In Article 63, "the Land Condemnation Law (Law No.29 of 1900)" shall be amended as "the Land Expropriation Law (Law No.219 of 1951)" .
(Partial Amendment to the Surveying Law)
Article 17. The Surveying Law (Law No.188 of 1949) shall be partially amended as follows:
In Article 19 paragraph 2, "the Eminent Domain Law (Law No 29 of 1900)" shall be amended as "the Land Expropriation Law (Law No.219 of 1951" ;and in paragraph 3 of the same Article, "the regulations contained in Article 14 of the Eminent Domain Law (Law No.29 of 1900) concerning publicity has been complied with." , as "the notification under the provision of Article 26 paragraph 1 of the Land Expropriation Law has been made" .
In Article 20 paragraph 2, "decision of the Condemnation Committee" shall be amended as "the arbitration of the Expropriation Committee under the provision of Article 94 paragraph 2 of the Land Expropriation Law" .
(Partial Amendment to the Land Improvement Law)
Article 18. The Land Improvement Law (Law No.195 of 1949) shall be partially amended as follows:
In Article 94 paragraph 1 item (2), "in accordance with the provisions of Article 120;" shall be amended as "by the State in accordance with the said Law for a project prescribed in Article 3 item (5), (6) or (33) of the Land Expropriation Law (Law No.219 of 1951) which is to be carried out as a State-operated land improvement project;" .
Article 120 shall be amended as follows:
(Partial Amendment to the Broadcast Law)
Article 19. The Broadcast Law (Law No.132 of 1950) shall be partially amended as follows:
Article 49 shall be amended as follows:
(Partial Amendment to the Afforestation Temporary Measures Law)
Article 20. The Afforestation Temporary Measures Law (Law No.150 of 1950) shall be amended as follows:
In Article 6 item (3), "Land Expropriation Law (Law No.29 of 1900)" shall be amended as "the Land Expropriation Law (Law No.219 of 1951)" .
(Partial Amendment to the Building Standard Law)
Article 21. The Building Standard Law (Law No.201 of 1950) shall be amended as follows:
In Article 11 paragraph 3, "the ruling of the Expropriation Council under the Eminent Domain Law (Law No.29 of 1900)" shall be amended as "the arbitration of the Expropriation Committee under the provision of Article 94 paragraph 2 of the Land Expropriation Law (Law No.219 of 1951)" , and paragraph 4 of the same Article shall be deleted.
(Partial Amendment to the Fishing Port Law)
Article 22. The Fishing Port Law (Law No.137 of 1950) shall be partially amended as follows:
In the heading of Article 24, "Use and Expropriation of Land, Waters, etc." shall be amended as "Use of Land, Waters, etc." , paragraph 1 of the same Article shall be deleted;in paragraph 4 of the same Article, "paragraph 2" shall be amended as "paragraph 1" , paragraph 2 of the same Article shall be made paragraph 1 of the same Article, and the numbering of its succeeding paragraphs shall be moved up by one.
In Article 36 paragraph 3, "Article 24 paragraph 4" shall be amended as "Article 24 paragraph 3" .
In Article 45 item (2), "Article 24 paragraph 2" shall be amended as "Article 24 paragraph 1 (including the case where this applies mutatis mutandis under Article 36 paragraph 1)" .
(Partial Amendment to the Mining Law)
Article 23. The Mining Law (Law No.289 of 1950) shall be partially amended as follows:
In Article 107 paragraph 1, "the Land Expropriation Law (Law No.29 of 1900)" shall be amended as "the Land Expropriation Law (Law No.219 of 1951)" ;in paragraph 2 of the same Article, "being permitted or made public under the provisions of Article 12 or Article 14 of the Land Expropriation Law." , as "being permitted under the provision of Article 20 or made public under the provision of Article 26 paragraph 1 of the Land Expropriation Law;" and the following one paragraph shall be added to the same Article:
3 The Chief of Bureau of International Trade and Industry shall, when he has made publication under the provision of paragraph 5 of the preceding Article, and is requested by the Land Coordination Commission or the Expropriation Committee, regardless of the provisions of Article 26 paragraphs 2 and 3, forward a copy of papers concerning the use of land or the permission of expropriation to the Land Coordination Commission or the Expropriation Committee.
In Article 187 paragraph 2, "Article 81 paragraph 1 of the Land Expropriation Law." shall be amended as "Article 129 of the Land Expropriation Law" .
(Partial Amendment to the Stone Quarrying Law)
Article 24. The Stone Quarrying Law (Law No.291 of 1950) shall be amended as follows:
In Article 37 paragraph 1, "the Land Expropriation Law (Law No.29 of 1900)" shall be amended as "the Land Expropriation Law (Law No.219 of 1951)" ;in paragraph 2 of the same Article, "that authorization of business or a public notice is given under the provisions of Article 12 or Article 14 of the Land Expropriation Law," as "the recognition of a project under the provision of Article 20 or the notification of the recognition of a project under the provision of Article 26 paragraph 1 of the Land Expropriation Law is given," ;and the following one paragraph shall be added to the same Article:
3 The Chief of Bureau of International Trade and Industry shall, when he has made publication under the provision of paragraph 5 of the preceding Article, and is requested by the Land Coordination Commission or the Expropriation Committee, regardless of the provisions of Article 26 paragraphs 2 and 3, forward a copy of papers concerning the use of land or the permission of expropriation to the Land Coordination Committee or the Expropriation Committee.
In Article 39 paragraph 2, "Article 81 paragraph 1 of the Land Expropriation Law." shall be amended as "Article 129 of the Land Expropriation Law" .