Compensation for vacation
Compensation for removal expenses
If a building or any other property stands on the expropriated land, expenses for removing such property are usually compensated. The amount of removal expenses is calculated objectively and reasonably, in consideration of the removal destination and method. The following types of compensation are available.
《Article 77 of the Land Expropriation Act》
○ Compensation for removal of buildings
This is to cover expenses for removing a building. The amount of this compensation is calculated in consideration of the destination of the removal (within or outside the initial premises) and the approved removal method (partial demolition, conversion and rebuilding method, etc.).
○ Compensation for removal of structures
This is to cover expenses for removing a structure other than a building, such as a fence or a door of a gate. Any such structure that cannot be removed is compensated by paying expenses for a new one.
○ Compensation for standing trees
This is to cover expenses for transplanting standing trees such as those in a garden. If cutting down trees rather than transplanting them is considered appropriate, expenses for cutting down trees are offered.
《Article 77 of the Land Expropriation Act》
○ Compensation for removal of buildings
This is to cover expenses for removing a building. The amount of this compensation is calculated in consideration of the destination of the removal (within or outside the initial premises) and the approved removal method (partial demolition, conversion and rebuilding method, etc.).
○ Compensation for removal of structures
This is to cover expenses for removing a structure other than a building, such as a fence or a door of a gate. Any such structure that cannot be removed is compensated by paying expenses for a new one.
○ Compensation for standing trees
This is to cover expenses for transplanting standing trees such as those in a garden. If cutting down trees rather than transplanting them is considered appropriate, expenses for cutting down trees are offered.
Compensation for ordinary loss
In addition to the above, compensation is offered to cover losses that are objectively considered to ordinarily be incurred from the expropriation of land, such as the following.
《Article 88 of the Land Expropriation Act》
○Compensation for removal of movable property
This is to cover expenses for moving.
○Compensation for the building lessee
When it is difficult for the building lessee to maintain the lease contract with the owner, the lessee is compensated for the necessary expenses for leasing another equivalent building.
○Compensation for suspension of business
This is to cover a loss in earnings caused during the period when the business operations are suspended.
《Article 88 of the Land Expropriation Act》
○Compensation for removal of movable property
This is to cover expenses for moving.
○Compensation for the building lessee
When it is difficult for the building lessee to maintain the lease contract with the owner, the lessee is compensated for the necessary expenses for leasing another equivalent building.
○Compensation for suspension of business
This is to cover a loss in earnings caused during the period when the business operations are suspended.
【Commentary】 Limitation to compensation for loss
Unless approved by the prefectural governor, no compensation may be claimed for the loss of a building, etc. constructed or extended after the project recognition is granted.
《Article 89 of the Land Expropriation Act》
《Article 89 of the Land Expropriation Act》