TERMS
| Filing for a ruling on surrender (Article 47-3 of the Compulsory Purchase of Land Act, etc.) |
A request for a ruling on surrender by a public works operator or other parties seeking relocation of objects on a piece of the land and surrender of the land. A public works operator seeking to file for a ruling on surrender must submit an object description to the Commission. Filing for a ruling and filing for a ruling on surrender are usually done at the same time. Rights holders can also file for a ruling on surrender if the public works operator has filed for a ruling but has not filed for a ruling on surrender. |
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| Ruling on surrender (Article 49 of the Compulsory Purchase of Land Act) |
A ruling that is a response to a filing for a ruling on surrender. A written ruling shall contain the area of the land to be surrendered, compensation for losses associated with surrender, and the time limit for surrender. After a ruling on surrender is given, the public works operator shall pay compensation by the time limit for surrender. Rights holders must relocate any buildings and/or other objects on the land and surrender the land to the public works operator by that time. An expropriation procedure is completed only when both a ruling on rights acquisition and a ruling on surrender are given. |
| Written opinion (Article 43 of the Compulsory Purchase of Land Act, etc.) |
Rights holders can submit a written opinion to the Expropriation Commission during the period in which copies of filed documents are made available for public inspection in the municipality where the subject land is located. However, the Tokyo Metropolitan Government Expropriation Commission accepts written opinions even after the end of the period, in principle until the end of the inquiry process. The Expropriation Commission, when finds it necessary, may order the submission of a written opinion. A written opinion can be in any format, but state your opinion as clearly as possible and make sure to include the date, your name and address, and affix your seal. In submitting a written opinion you are not allowed to describe anything unrelated to the inquiry by the Expropriation Commission, including objection to the project authorization. Any statement that is unrelated to the inquiry will not be recognized. Matters related to the inquiry are: 1) area of the land for which expropriation is sought and the surrender of which is requested; 2) compensation for land and losses associated with surrender; and 3) the time of rights acquisition and the time limit for surrender. |
| Decision to begin (Article 45-2 of the Compulsory Purchase of Land Act, etc.) |
An administrative disposition that establishes the holders of rights to the land for which expropriation is sought. After the public inspection period ends, the Expropriation Commission decides on beginning ruling proceedings, puts this decision on the Tokyo Metropolitan Government’s official gazette for public notice, and records this on the property register. Any transfer of rights after this registration, excluding transfer by a party that inherited the rights, cannot be asserted against the public works operator. The public works operator and the Expropriation Commission shall regard those who held rights at the time of the registration as parties to the expropriation procedure. |
| Price base date (Article 70, paragraph (1) and Article 71, paragraph (1) of the City Planning Act, etc.) |
Compensation for land is calculated on the basis of the date of public notice of the project authorization, and this date is called the price base date. The amount of compensation is the land price as of this date multiplied by a correction factor reflecting price changes until the ruling on rights acquisition. In the case of a city planning project, the date of the public notice of project approval is deemed to be the date of public notice of the project authorization. However, as city planning projects take a long time to complete, if one year has passed without a filing for a ruling, that date (one year after the date of the public notice) will be automatically deemed the date of public notice of project authorization. This will be repeated until the end of the project period. |
| Interested parties (Article 8 of the Compulsory Purchase of Land Act) |
Those that hold rights to the land/objects subject to the expropriation procedure other than ownership of the land. Interested parties include land leasehold right holders and tenants of a building (who have rights as leaseholders). |
| Order for appraisal (Article 65, paragraph (1) of the Compulsory Purchase of Land Act, etc.) |
An order made by the Expropriation Commission to an appraiser to conduct an appraisal that will form the basis for calculating the amount of compensation. This order is issued when deemed necessary based on arguments by the parties concerned, the results of an on-site investigation, and other circumstances. |
| Public works operators (Article 8 of the Compulsory Purchase of Land Act) |
Those who implement types of public works listed in the Compulsory Purchase of Land Act, such as road and park projects. Typical public works operators are the national government, prefectures, and municipalities. |
| Dismissal ruling (Article 47 of the Compulsory Purchase of Land Act) |
A ruling that dismisses a filing. This ruling is given when a filing violates any of the provisions of the Compulsory Purchase of Land Act. |
| Confirmation of agreement (Article 116 of the Compulsory Purchase of Land Act, etc.) |
A process that gives the same effect as a ruling to an agreement when it was reached by the public works operator and all rights holders on the purchase of the subject assets after the project authorization and before a filing for a ruling. The public works operator shall apply to the Expropriation Commission for this process after obtaining consent from the rights holders. |
| On-site investigation (Article 65 of the Compulsory Purchase of Land Act, etc.) |
Investigation of land or objects. This is done when, for example, the Expropriation Commission finds it necessary for an inquiry or other purposes. |
| Rights holders | Term used to refer to landowners and/or interested parties |
| Ruling on rights acquisition (Article 48 of the Compulsory Purchase of Land Act) |
A ruling that is a response to a filing for a ruling. A written ruling shall contain the district of the land to be expropriated, compensation for loss of land, and the time of rights acquisition. After a ruling on rights acquisition is given, the public works operator pays compensation by the time of rights acquisition and acquires the ownership of the land. An expropriation procedure is completed only when both a ruling on rights acquisition and a ruling on surrender are given. |
| Action for the judicial review of an administrative disposition (Article 133, paragraph (1) of the Compulsory Purchase of Land Act) |
Of matters ruled by the Expropriation Commission, when there are complaints about matters other than compensation for losses, a court action can be filed against the Tokyo Metropolitan Government for rescission of the ruling. This action must be filed within three months from the day on which the plaintiff learned that the ruling was given. |
| Public notice / Public inspection (Articles 42 and 47-4 of the Compulsory Purchase of Land Act, etc.) |
Public notice is making something known to the public by posting the notice or other means. Public inspection is making documents, or other materials, available for anyone to inspect. In an expropriation procedure, the municipality where the subject land is located gives public notice that a filing (a filing for a ruling / a filing for a ruling on surrender) was made, and makes the filed documents available for public inspection. |
| Ruling (Articles 48 and 49 of the Compulsory Purchase of Land Act, etc.) |
The Expropriation Commission’s final judgment that is made through consultation among commission members, which is an administrative disposition. Types of rulings include rulings on rights acquisition and rulings on surrender. |
| Filing for a ruling (Article 39 of the Compulsory Purchase of Land Act) |
Filing made by a public works operator seeking to acquire the ownership of land or to establish a right to use land. This shall be filed with the Expropriation Commission and a land description shall be attached. |
| Request for a filing for a ruling (Article 39, paragraph (2) of the Compulsory Purchase of Land Act, etc.) |
Landowners and interested parties who hold the rights to the subject land (excluding mortgage holders, etc.) can request that the public works operator file with the Expropriation Commission for a ruling on expropriation. However, they cannot make this request when the expropriation (or use) procedure is deferred (deferment of proceedings). For details, click here. |
| Rebuilding compensation rate | A rate multiplied to the cost of constructing a new building to calculate compensation for the current value of a building. The value takes into account such factors as wear and tear due to aging. This rate varies depending on the building’s structure (e.g. wood, steel frame, reinforced concrete), the state of repair and maintenance, and other factors. |
| Authorization of a project (Articles 16 and 20 of the Compulsory Purchase of Land Act, etc.) |
Approval by the authority (the Minister of Land, Infrastructure, Transport and Tourism, or the prefectural governor) that expropriation of land is appropriate for a project with a highly public nature, such as a road or park. This is the first process necessary for expropriation (or use) of land. |
| Request for payment (Article 46-2, paragraph (1) of the Compulsory Purchase of Land Act, etc.) |
Even before a ruling, landowners and interested parties who hold the rights to the subject land (excluding mortgage holders, etc.) can request the public works operator for payment of compensation for their rights to the land. However, they cannot make this request when the expropriation (or use) procedure is deferred (deferment of proceedings). For details, click here. |
| Designated member system (Article 60-2, paragraph (1) of the Compulsory Purchase of Land Act) |
A system in which the Expropriation Commission entrusts affairs concerning inquiries and/or investigations to some of its members to expedite the expropriation procedure. |
| Correction factor (Article 71 of the Compulsory Purchase of Land Act, Article 16 of the Cabinet Order to Specify the Particulars, etc. of Article 88-2 of the Compulsory Purchase of Land Act) |
A correction factor is a number used to adjust for price changes from the price base date to the time of the ruling on rights acquisition. This factor is calculated, pursuant to the provisions of the Cabinet Order, by a certain formula using the nationwide index for all items of the Consumer Price Index, compiled by the Statistics Bureau of the Ministry of Internal Affairs and Communications based on data collected for the Retail Price Survey, as well as the investment goods index of the Wholesale Price Index, compiled by the Bank of Japan. |
| Expropriation | An act by a public works operator to acquire land or other property for certain public works projects after suitable compensation regardless of the intent of the rights holder(s). In addition to matters relating to land expropriation, the Compulsory Purchase of Land Act also prescribes matters relating to expropriation of rights, buildings, and other properties. This website, for convenience’s sake, explains land expropriation only. |
| Use | An act by a public works operator to establish a right to use land or other property. It is conducted under almost the same procedures as expropriation. |
| Request for review (Article 129, Article 130, paragraph (2), Article 132, paragraph (2) of the Compulsory Purchase of Land Act) |
Of matters ruled by the Expropriation Commission, when there are complaints about matters other than compensation for losses, a complaint can be filed against the Minister of Land, Infrastructure, Transport and Tourism (to the attention of the Policy Bureau of the Ministry of Land, Infrastructure, Transport and Tourism). A request for review cannot be made by reason of dissatisfaction with compensation for losses. This request must be filed within 30 days from the day following the day on which the original of the written ruling was served. |
| Inquiry (Article 46 of the Compulsory Purchase of Land Act, etc.) |
The Expropriation Commission conducts an inquiry to provide the public works operator and rights holders with opportunities to express their opinions, as well as to confirm both parties’ arguments about matters necessary for giving a ruling. For FAQs, click here. |
| Substitute execution (Article 102-2, paragraph (2) of the Compulsory Purchase of Land Act, Act on Substitute Execution by Administration) |
A process in which the prefectural governor, upon request from the public works operator, compulsorily executes the delivery of land and/or objects and/or the relocation of objects in place of rights holders or other parties who did not fulfil their obligations to do so by the time limit for surrender. At the Tokyo Metropolitan Government, these proceedings fall under the jurisdiction of the Bureau of Finance’s Property Administration Division (Phone: 03-5388-2694) (assistance in Japanese only). |
| Description (Land description / Object description) (Articles 36, 37, 38 of the Compulsory Purchase of Land Act) |
A land description and object description are documents that describe the location, size, type, quantity, situation, rights holders, and other information on land for which expropriation is sought and on objects on the land. A land description is attached to a filing for a ruling, and an object description is attached to a filing for a ruling on surrender. The public works operator is obliged to prepare these descriptions so that the Expropriation Commission can smoothly proceed with its inquiry process. The public works operator shall investigate the situation and rights holders of the land and objects beforehand, describe those in the descriptions, and sign and affix the seal to the descriptions. Landowners and interested parties shall attend the preparation of the descriptions, examine the contents, and sign and affix their seals to the descriptions. If they have objection to any of the contents, landowners and interested parties shall write down their objections on the descriptions and then sign and affix their seals to them. If the landowners and/or interested parties refuse to attend the preparation of the description and to sign and affix their seal, or do not do so for some reason, the operator shall request that the mayor of the local ward/city/town/village do that on their behalf. The contents of a land description and object description are presumed to be true and become legal evidence. Landowners and interested parties cannot express their objection concerning the truth of the description unless they have written down their objections on the description or they prove that the contents are untrue. |
| Deferment of proceedings (Article 32 of the Compulsory Purchase of Land Act, etc.) |
A process for suspension of an expropriation/use procedure upon request by the public works operator when certain circumstances exist. A price base date is not set for land if proceedings have been deferred. During the deferment period, landowners and interested parties who hold the rights to the subject land (excluding mortgage holders, etc.) cannot make a request for a filing for a ruling or a request for payment of compensation. |
| Public law-related action (Article 133, paragraphs (2) and (3) of the Compulsory Purchase of Land Act) |
Of matters ruled by the Expropriation Commission, when there are complaints about compensation for losses, a court action can be filed against the public works operator. This action must be filed within six months from the day on which the written ruling was served. |
| Special filing (Article 44 of the Compulsory Purchase of Land Act, etc.) |
A public works operator’s filing with the Expropriation Commission for a ruling that is done in response to a landowner’s or an interested party’s request for a filing for a ruling. A public works operator must file for a ruling within two weeks after receiving this request. |
| City planning project (City Planning Act) |
A project that is implemented under the City Planning Act, such as a road project, river project, and urban redevelopment project. If a project has been approved or permitted as a city planning project, the project shall be recognized as an authorized project eligible for expropriation and use. |
| Landowners (Article 8 of the Compulsory Purchase of Land Act) |
Those that own land subject to the expropriation/use procedure |
| Land description | For details, click here. |
| Object description | For details, click here. |
| Ruling involving matters unknown (Article 48, paragraphs (4) and (5) of the Compulsory Purchase of Land Act) |
A ruling that is given with matters unknown, such as the names or other information regarding rights holders, or the contents of the rights to the land. In this case, the compensation is deposited. |
| Settlement (Article 50 of the Compulsory Purchase of Land Act, etc.) |
A process by which the Commission completes the expropriation procedure without giving a ruling, by approving the agreement reached by the public works operator and rights holders regarding issues such as compensation, after a filing was made for their ruling. A settlement has the same effect as a ruling. |