Determination
After the trial, the expropriation commission conducts investigation and
examination based on the opinions presented by the parties, and makes a determination and issues it in writing.
examination based on the opinions presented by the parties, and makes a determination and issues it in writing.
Determination on acquisition of rights(in response to an application for a determination on expropriation)
The matters covered by this determination are (i) the area of the land to be expropriated, (ii) compensation for loss of the land, and (iii) the time when the right holders will be deprived of their rights.
When this determination is made, the project initiator can acquire the
ownership of the land by paying compensation to the right holders by
the time of acquisition of rights.
When this determination is made, the project initiator can acquire the
ownership of the land by paying compensation to the right holders by
the time of acquisition of rights.
Determination on vacation (in response to a petition for a determination on vacation)
The matters covered by this determination include (i) the area of the
land to be vacated, (ii) compensation for loss from vacation, and (iii)
the time by when the right holders are required to vacate the land.
When this determination is made, the project initiator pays compensation
by the time limit for vacation, by which the right holders must remove their buildings and other property on the land and vacate the land for the project initiator.
* The expropriation proceedings are finished when both determinations
are made.
land to be vacated, (ii) compensation for loss from vacation, and (iii)
the time by when the right holders are required to vacate the land.
When this determination is made, the project initiator pays compensation
by the time limit for vacation, by which the right holders must remove their buildings and other property on the land and vacate the land for the project initiator.
* The expropriation proceedings are finished when both determinations
are made.
Determination of dismissal
An application for a determination on expropriation may be dismissed
if it is filed in violation of the provisions of the Land Expropriation Act.
《Articles 47, 47-2, 48, 49, and 66 of the Land Expropriation Act》
if it is filed in violation of the provisions of the Land Expropriation Act.
《Articles 47, 47-2, 48, 49, and 66 of the Land Expropriation Act》
【Commentary】 Determination involving unknown matters
If the right holder cannot be ascertained or the details of the right are not confirmed, a determination is made while leaving these matters unknown. In this case, compensation is deposited with the official depository.
【Commentary】 Application for a determination under the Road Act and other laws
In cases where a difference in height is created between the site on which a house stands and the road in front of the site due to a public works project and it makes it difficult to access the house, and the landowner is unable to reach an agreement with the road administrator on compensation for loss from such diminished accessibility, the landowner may apply to the expropriation commission for a determination under the Road Act.
Other laws such as the Urban Renewal Act and the Land Readjustment Act also provide for similar proceedings. Please refer to the law that applies to your own case.
You may have to pay fees for filing an application under these laws.
《Article 69 of the Road Act, etc.》
Other laws such as the Urban Renewal Act and the Land Readjustment Act also provide for similar proceedings. Please refer to the law that applies to your own case.
You may have to pay fees for filing an application under these laws.
《Article 69 of the Road Act, etc.》
【Commentary】 If you have objection to determination
If you have any objection to a determination of the expropriation commission, you may file an action or administrative appeal.
The details are this
The details are this