Application for Determination on Expropriation and Petition for Determination on Vacation

 The project initiator may file (i) an application for a determination on expropriation to take landownership and (ii) a petition for a determination on vacation to demand that land be vacated by removing the building, etc. thereon. An application for a determination on expropriation should be accompanied by the land statement, and a petition for a determination on vacation should be accompanied by the property statement. They may be filed simultaneously in some cases.
 Upon filing an application or petition, the project initiator should pay the fees.


《Articles 39 and 47-3 of the Land Expropriation Act》
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【Commentary】 Request for application for a determination on expropriation and request for payment

 The landowner and any interested party in the land concerned (excluding a mortgagee, etc.) may request that the project initiator apply for a determination on expropriation (request for application for a determination on expropriation).
 These persons may also request payment of compensation for the loss of the land (request for payment).
If they request payment before the project initiator files an application for a determination on expropriation, they must make request for payment together with request for application for a determination on expropriation.
 When request for payment is made, the project initiator must pay the estimated amount of compensation within 2 months. However, if the commencement of the determination proceedings is yet to be registered with regard to the land concerned, the project initiator is allowed to pay compensation within 1 week from the day on which such registration is made.
 The landowner and any interested party do not have to pay fees upon making a request for application for a determination on expropriation or a request for payment.

《Articles 39, paragraph (2), and Articles 46-2 to 46-4 of the Land Expropriation Act》 

【Commentary】 Petition for determination on vacation

 If an application for a determination on expropriation has been filed with the expropriation commission but a petition for a determination on vacation has not been filed yet, the right holders may file a petition for a determination on vacation with the expropriation commission.
《Articles 47-2 and 47-3 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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