Special Proceedings Available Without Application for Determination

Confirmation of Agreement

 When the right holders and the project initiator reach an agreement to sell the land by a private contract after the project recognition was granted and before an application for a determination is filed, such agreement is deemed to have the same effect as a determination if it is confirmed by the expropriation commission. In order to obtain this confirmation, the project initiator should file an application with the commission, with the consent of the right holders.

Mediation and Arbitration

 Both mediation and arbitration proceedings are provided under the Land Expropriation Act, but unlike expropriation, they are intended to be used to resolve a dispute over land before project recognition is granted.
In mediation proceedings, the mediation committee members appointed by the prefectural governor coordinate the interests of the parties and encourage them to reach an
agreement.
 Arbitration proceedings are carried out only with regard to the matters concerning compensation and upon application by both parties, with the aim of resolving their dispute. The arbitration committee members appointed by the prefectural governor make an arbitral award, which has the same effect
as a final and binding judgment.
In the Tokyo Metropolitan Government, the Bureau of
Finance is in charge of these proceedings.