System of the Expropriation

Expropriation and Compensation

 Article 29 of the Constitution guarantees the private ownership system while at the same time providing that private property may be expropriated upon just compensation if it is necessary for public use.
 In accordance with these constitutional provisions, the Land Expropriation Act provides for the conditions and proceedings that must be met and performed in order to expropriate land without the right holders’ consent, as well as compensation for losses incurred from expropriation.

        裁決申請申請書様式  Brochure of the Expropriation

Parties to the Expropriation Proceedings

 The parties involved in the expropriation proceedings are the project initiator, the landowner, and any interested
party. The expropriation commission hears opinions from these parties in the capacity of a fair and neutral organ.

Expropriation Commission

 An expropriation commission is an administrative commission set up in each prefecture under the Land Expropriation Act. It is vested with the power to make a determination from a fair and neutral standpoint, with a view to balancing the public interest and the private ownership.
 The commission is comprised of 7 members appointed by the prefectural governor with the consent of the prefectural assembly, from among persons with experience and knowledge in legal, economic or administrative affairs.
 Despite their status as being appointed by the prefectural governor, the commission members exercise their power independently from the prefectural governor and any other organs.