Compensation for Land

Compensation for loss of land

 This compensation is offered as the value of the expropriated land, which is calculated on the basis of the transaction price of similar types of land in the neighboring area.
 The calculation is made as of the date of notification of the project recognition. The amount of compensation is calculated by multiplying the land price as of this base date by the revision rate corresponding to changes of prices up until the date of the determination.

《Article 71 of the Land Expropriation Act》
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【Commentary】 In the case of a city planning project

In fixing the base date of compensation for loss of land in relation to a city planning project, the date of notification of the project permission or approval under the City Planning Act is deemed to be the date of notification of the project recognition under the Land Expropriation Act. However, since such project continues for a long period of time, if 1 year has passed since the date of notification of the project permission under the City Planning Act and no application for a determination has been filed within this period, the day 1 year after the date of notification of the project permission under the City Planning Act shall automatically be deemed to be the date of notification of the project recognition under the Land Expropriation Act, and this will be repeated until the project period expires.

Compensation for the loss of rights such as land leasehold right,etc.

  Expropriation of land causes any rights on the land other than the ownership, such as a land leasehold right, etc., to be extinguished. Therefore, the loss of such rights is compensated, and compensation is calculated while taking into consideration the transaction price of the right, the details of the contract, profitability, and other factors.
 As it is difficult to estimate the value of a mortgage, etc. individually, compensation for loss of the mortgage is usually included in compensation to be offered to the landowner who has established the mortgage on the land.

《Articles 69 and 71 of the Land Expropriation Act》

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Compensation for the remaining land

 When only a part of a land is expropriated, there would be a remaining land. If the price of the remaining land declines and causes the landowner to incur a loss, the difference from the initial price would be compensated.

《Article 74 of the Land Expropriation Act》
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【Commentary】 Compensation in the form of substitude land

The loss of land may be compensated for in kind, such as in the form of substitute land. However, this measure is taken only when there are special circumstances, such as that it is difficult to acquire alternative land by monetary compensation and the landowner is unable to maintain the living conditions as before.

《Article 82 of the Land Expropriation Act》
CONTACT US
General Affairs Section, Secretariat to the Expropriation Commission of Tokyo Metropolitan Government

Tel: 03-5320-7054
Fax: 03-5388-1770
e-mail S9000002@section.metro.tokyo.jp

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