土地区画整理事業実務問答集 目次

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１．事業の立ち上げ･都市計画
既成市街地における事業手法 ··························································· 2
木造密集市街地での整備 ······························································· 2鉄道の複線化と土地区画整理事業の一体施行 ············································· 3
土地区画整理事業と市街地再開発事業との一体的施行······································ 3
地区計画制度の導入 ··································································· 4
用途地域の変更および地区計画の決定の時期 ············································· 5
市街化調整区域における土地区画整理事業の施行 ········································· 5
都市計画決定時の参考図書 ····························································· 6
地区活性化施設の導入 ································································· 6
土地区画整理事業における住民参加･協働のまちづくり····································· 7
事業計画決定前の用地取得の取扱い ····················································· 8
都市計画道路の減歩負担の対応策 ······················································· 8
地区界の設定における地区内外権利者の不公平感への対応·································· 9
組合施行と会社施行の比較 ····························································· 9
都市計画決定後に事業化が困難になっている区域への対応································· 10
施行地区予定地の縦覧期間の計算 ······················································ 10
施行区域の一部のみの事業化 ·························································· 10
公共施設充当用地の先行取得 ·························································· 11
公共施設管理者の承認 ································································ 11

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２．事業計画減価補償金と減価買収 ································································ 14
減価補償金による公共施設充当用地の取得と事業計画変更における対応 ····················· 14
法 2 条 2 項事業の事例 ································································ 14
公園面積の緩和 ······································································ 15
敷地整序型土地区画整理事業における技術的基準の適用··································· 15
新設する公共施設の管理者協議 ························································ 16
事業計画の縦覧期間の数え方 ·························································· 16
縦覧期間の数え方 ···································································· 16
平日のみの２週間の縦覧 ······························································ 16
意見書を提出できる利害関係者の範囲と確認方法 ········································ 17
意見書提出期間の満了を待たずに、認可申請ができるか ·································· 17
意見書提出期間後に提出された追加意見書の扱い ········································ 17
事業計画の内容以外の意見書の扱い ···················································· 17
事業計画変更の内容に関係ない意見書の扱い ············································ 18
事業計画変更に係る意見書 ···························································· 18
施行地区に関する意見書は審査対象か ·················································· 18
事業計画に賛成の意見書 ······························································ 18
事業計画への意見書に対する不採択通知の理由の付記····································· 19
口頭意見陳述に同席する処分庁とは誰か ················································ 19
市町村の合併に伴う事業計画の変更 ···················································· 19

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再開発区の設定に係る事業計画の変更 ·················································· 19
地方公共団体施行の土地区画整理事業における事業計画の軽微な変更 ······················· 19
都市計画道路の幅員の縮小 ···························································· 20
商業施設への車の進入路の新設 ························································ 20
墓地の移転に伴う事業計画の変更 ······················································ 21
組合施行地区の拡大に伴う事業計画変更における手続き··································· 21
最終事業計画変更後の換地の分割による地積の端数処理··································· 22
事業期間短縮の工夫 ·································································· 22
施行地区の縮小と縦覧等の手続き ······················································ 22
施行地区縮小の手続き（組合） ························································ 23
施行地区縮小の手続き（地方公共団体） ················································ 23
施行地区の縮小と軽微な変更 ·························································· 23
事業施行期間は何時までか ···························································· 23

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３．資金計画補助制度の経緯 ······································································ 26
公共施設管理者負担金制度 ···························································· 27
土地区画整理事業による駅前広場整備 ·················································· 28
法 2 条 2 項に係るガス供給施設費の負担割合 ············································ 30
土地区画整理事業における埋蔵文化財調査に対する助成制度······························· 30
同時施行の他事業の促進のための費用負担 ·············································· 31
連続立体交差事業と同時施行による移転補償費の増加等への対応··························· 31

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４．審議会・評価員
審議会委員の選挙権の要件 ···························································· 34
審議会委員の改選時に借地権の確認が必要か ············································ 34
権利者の死亡と審議会委員の選挙権･被選挙権 ··········································· 34
選挙人名簿に対する異議申出の手続きによる定数の変更··································· 35
宅地を相続した借地権者の選挙権 ······················································ 35
宅地が共有の場合の審議会委員の選挙権 ················································ 35
共有の宅地が売却された場合、代表者に選任されていた者は審議会委員の資格は失うか ······· 35
審議会員の選挙権･被選挙権 ··························································· 36
国は審議会委員の選挙権を有するか ···················································· 36
立候補届出期間の数え方 ······························································ 36
立候補届への本籍地の記載 ···························································· 36
権利者が法人の場合の審議会委員 ······················································ 36
公務員も審議会委員に立候補できるか ·················································· 37
単独の所有権が共有に変わった場合の委員の資格 ········································ 37
協同組合が株式会社になったときの委員の資格 ·········································· 37
権利の喪失と審議会委員の資格 ························································ 38
宅地を相続した借地権者委員の資格 ···················································· 38
学識経験委員の公告 ·································································· 38
評価員の定数········································································ 38
人事異動と評価員の資格 ······························································ 38
評価員と欠格条項 ···································································· 39
施行地区の拡大と審議会委員選挙 ······················································ 39

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施行地区の縮小と審議会委員の失職 ···················································· 39
立候補者が定数に満たないとき ························································ 39
当選人が定数に満たないとき ·························································· 40
補欠選挙の要件 ······································································ 40
補欠選挙で立候補者がいない場合 ······················································ 40
補欠選挙の実施と審議会の開催 ························································ 40
権利者の数が委員の定数に満たない場合 ················································ 41
借地権者の数が少ない場合の委員の定数 ················································ 41
欠員の数と審議会の成立 ······························································ 41
宅地所有者委員と借地権者委員が同一人の場合 ·········································· 41
選挙運動に公職選挙法の適用があるか ·················································· 42
身体障害者の投票への補助 ···························································· 42
選挙人名簿の修正 ···································································· 42
互選による審議会委員の選出 ·························································· 42
審議会委員の任期に空白が生じる場合 ·················································· 42
審議会を招集する者 ·································································· 43
審議会成立要件となる委員の半数の考え方 ·············································· 43
諮問事項がない場合の審議会の開催 ···················································· 43
審議会の公開········································································ 43
審議会の傍聴········································································ 43
審議会委員の守秘義務 ································································ 44
審議会で配布される資料の扱い ························································ 44
審議会の意見を聴く方法 ······························································ 44
審議会会長の互選のし直し ···························································· 44
審議会における懲罰 ·································································· 45
審議会の廃止········································································ 45
町界・町名の決定権限 ································································ 45

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５．換地設計
基準地積の定め方 ···································································· 48
施行者実測と関係権利者の同意 ························································ 48
登記地積の更正と基準地積 ···························································· 48
利用状況の変化と照応を考慮する時点 ·················································· 49
用途地域の異なる地域に換地を定める場合の照応 ········································ 49
事業施行中における用途地域の変更 ···················································· 49
施行者の権限による短冊換地 ·························································· 50
立体換地手法の効果 ·································································· 50
小規模宅地対策 ······································································ 51
マンション用地の減歩 ································································ 51
建付地の換地設計 ···································································· 52
墓地の取扱い········································································ 52
私道の取扱い········································································ 52
寄付の協力が得られない道路内の民有地の扱い ·········································· 52
私道に対する換地の交付 ······························································ 53
権利分割を想定した分割換地 ·························································· 53
高圧線下の地役権の取扱い ···························································· 53

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高圧線下に公共施設用地が配置されたときの取扱い ······································ 54
地下鉄の区分地上権の取扱い ·························································· 54
鉄道用地の減歩 ······································································ 54
特別の宅地を用途変更した場合 ························································ 55
申出換地の運用 ······································································ 55
仮換地の分割········································································ 55
合併換地の分割 ······································································ 56
施行者の権限による換地の変更 ························································ 56
換地変更願を受理しない期間の設定 ···················································· 56
私道を寄付する予定であったが清算処理に変更できるか··································· 56
更生地積を換地設計に反させず、清算金で調整できるか··································· 57

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６．土地の評価
私道の評価·········································································· 60
定期借地権の評価 ···································································· 60
複数の筆を一括評価する場合 ·························································· 60
土留擁壁の評価 ······································································ 61
高圧線の廃止に伴う土地の評価 ························································ 61
土壌汚染と土地区画整理評価 ·························································· 61
土地の形状の変更と評価 ······························································ 62
都市計画道路の整備の遅れと土地の評価 ················································ 62
新駅開設の影響の評価 ································································ 63
地区外に開設される新駅の影響の評価 ·················································· 63
新駅開設の遅れと土地評価 ···························································· 63
借地権の権利価額割合の定め方 ························································ 63
減価買収に係る土地評価 ······························································ 64
清算金単価の算定方法 ································································ 64
路線価式評価法以外の土地評価の方法 ·················································· 64

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７．権利関係
土地区画整理法上の借地権 ···························································· 68
借地権の登記········································································ 68
土地所有者の同意が得られないときの借地権申告 ········································ 68
借地権を証する書面による借地権申告 ·················································· 69
転貸借の場合の借地権申告 ···························································· 69
転貸借と組合員資格･仮換地指定 ······················································· 69
転貸借関係·········································································· 69
借地権の相続········································································ 70
実質上借地の状態がなくなった場合の申告借地権の取扱い································· 70
存続期間の切れた借地権の登記 ························································ 70
店舗付属駐車場の権利申告 ···························································· 70
農地基本台帳による耕作権の申告 ······················································ 71
賃貸借関係の解消 ···································································· 71
保留地取得者の権利申告 ······························································ 71
換地処分後の権利申告 ································································ 72
土地売買契約書による所有権移転届 ···················································· 72

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所有権移転届による所有者認定 ························································ 72
押印不要の手続きについて ···························································· 72
一般的に印鑑証明の有効期限はあるか··················································73
実態のない借地権の消滅手続き ························································ 73
実態のない借地権の消滅 ······························································ 73
権利の混同による借地権の消滅① ······················································ 73
権利の混同による借地権の消滅② ······················································ 74
借地権の譲渡･転貸と権利変動届の当事者 ··············································· 74
借地権解消の契約と仮換地指定 ························································ 74
建物を解体撤去したときは、借地権は解除になるのか····································· 75
地代未払いと借地権申告 ······························································ 75
競売による所有権移転と借地権の消滅 ·················································· 75
土地が共有の場合の同意 ······························································ 76
代表者選任の方法 ···································································· 76
代表者選任通知の要件 ································································ 76
分譲マンションにおける代表者選任 ···················································· 76
代表者に対する行政処分の通知 ························································ 77
代表者が選任されていない場合の行政処分の通知 ········································ 77
代表者の同意による換地不交付 ························································ 77
代表者選任通知の取り消し ···························································· 77
権利者の死亡を知らずに送付した行政処分の通知 ········································ 78
登記名義人が死亡した場合の行政処分の通知 ············································ 78
申告借地権者が死亡した場合の行政処分の通知 ·········································· 79
相続の発生と清算金に関する通知 ······················································ 79
遺言公正証書による相続届 ···························································· 79
相続について争いがある場合の行政処分の通知、清算金の徴収･交付 ························ 79
相続放棄と行政処分の通知 ···························································· 80
土地所有者の特定が困難な場合の行政処分の通知 ········································ 80
所有者不明の土地に対する行政処分の通知 ·············································· 80
清算結了した法人名義の土地 ·························································· 81
真正な登記名義の回復と清算金に関する権利･義務 ······································· 81
未成年の扱い········································································ 82
連絡をしないでほしいとの申出 ························································ 82
施行後は道路用地内になる地上権の取扱い ·············································· 82
認知症の権利者との移転補償契約 ······················································ 82
高圧送電線の廃止 ···································································· 83
地役権の制限内容の緩和 ······························································ 83
地役権の変更に係る補償 ······························································ 83
換地不交付と地役権 ·································································· 83
地役権が消滅することへの補償 ························································ 84

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８．個人施行
個人施行の認可の要件 ······························································· 86
宅地が共有の場合の関係権利者の同意 ·················································· 86
市町村による個人施行の土地区画整理事業 ·············································· 86

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個人施行の認可権者 ·································································· 86
地権者による同意施行 ································································ 87
同意施行者と共同施行者の代表の違い ·················································· 87
相続登記がなされていない土地と個人施行 ·············································· 87
宅地が共有の場合の仮換地指定･換地計画への同意 ······································· 87
個人施行と補助金 ···································································· 88
個人施行者が土地を売却したとき ······················································ 88
個人施行の保留地処分金への課税 ······················································ 88
個人施行と審査請求 ·································································· 88
個人施行の事業の終了 ································································ 89

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９．組合運営
事業計画認可前に設立される土地区画整理組合 ·········································· 92
準備組合の段階で地積更正を行い、基準地積を決定することは適法か ······················· 92
組合の総会、総会の部会、総代会の関係 ················································ 92
共有者の発起人資格 ·································································· 93
組合員の数が６名以下になったとき ···················································· 93
総会を招集しない正当な理由とは ······················································ 93
宅地が共有の場合の組合員資格 ························································ 93
共有者の代表者選任の方法 ···························································· 94
親権者の同意········································································ 94
代表者が選任されていない場合の組合総会開催通知 ······································ 94
あらかじめ通知した議決事項以外の議決 ················································ 95

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書面による議決権の行使、代理人による議決権の行使(電磁的方法による議決等) ············ 95
復代理人の総会出席 ·································································· 95
認知症の権利者の同意 ································································ 96
拍手による採決 ······································································ 96
役員の選挙に関する委任 ······························································ 96
共有者の代表者の委任状 ······························································ 96
棄権は出席者に加えるか ······························································ 96
投票によらない役員の選任方法が否決されたとき ········································ 97
特別議決の要件 ······································································ 97
総会の議長は退場を命ずる権限を有するか ·············································· 97
組合員数の増加と総代会の成立 ························································ 98
総代の欠員と総代会の成立 ···························································· 98
総代の定数不足 ······································································ 98
総代の定数変更の議決 ································································ 98
総代の定数の増員と補欠選挙 ·························································· 99
組合役員･総代の補欠選挙 ····························································· 99
増員した総代の任期 ·································································· 99
組合員数が 100 人を下回るに至ったときの総代会 ········································ 99
総代会の議決と総会の議決 ··························································· 100
組合施行の通常総会と収支予算を諮る総会の時期 ······································· 100
総代会と総会······································································· 100
組合の役員･総代になれるのは ························································ 100
代表者以外の共有者が役員になれるか ················································· 101

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宅地が共有の場合の組合役員の資格 ··················································· 101
法人の役員の組合役員への就任 ······················································· 101
公務員の組合役員への就任 ··························································· 101
市長の組合理事への就任 ····························································· 101
代表理事の選任 ····································································· 102
組合の代表権······································································· 102
分譲マンションの区分所有者は、組合員になれるか ····································· 102
保留地取得者の組合員資格 ··························································· 102
役員と総代の兼任 ··································································· 103
理事会の開催通知 ··································································· 103
理事会の議決······································································· 103
役員の任期中の改選 ································································· 103
理事が退任したときの公告 ··························································· 103
理事の欠員と補欠選挙 ······························································· 104
監事の欠員と補欠選挙 ······························································· 104
組合は土地を取得できるか ··························································· 104
組合への宅地建物取引業法の適用 ····················································· 104
住居表示の変更に伴う定款の変更 ····················································· 105
組合の経営改善 ····································································· 105
保留地販売の工夫 ··································································· 106
再減歩･賦課金による事業の建て直し ·················································· 106
施行地区の縮小に係る手続き ························································· 107
組合の債務超過と法的責任 ··························································· 107
賦課金の賦課の方法 ································································· 108
土地の売買と清算金･賦課金の納入義務 ················································ 108
賦課金の徴収の免除 ································································· 108
会社の破産と賦課金 ································································· 108
賦課金の消滅時効 ··································································· 109
賦課金滞納処分の委託 ······························································· 109
事業施行期間の延長 ································································· 109
組合解散の要件 ····································································· 110
保留地を残したままの組合解散 ······················································· 110審査請求･訴訟と組合の解散 ·························································· 110
組合の解散と組合員資格 ····························································· 110
組合の解散後における清算金滞納処分 ················································· 111
契約不適合保留地の売主としての施行者の責任（換地や保留地の品質に関する担保責任） ···· 111
事業の完成による組合の解散 ························································· 112
組合の解散と特別議決 ······························································· 113
定款変更と長期縦覧 ································································· 113
組合の解散と清算人の就任 ··························································· 113
清算人の定数･欠員 ·································································· 113
清算人の権限 ······································································ 114
清算人の地位の承継 ································································· 114
解散認可と理事の清算人としての任期について ········································· 114

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解散した組合の監督権 ······························································ 114
土地の売却と清算人の資格 ··························································· 115

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清算人は新たな処分ができるか ······················································· 115
債権申出の催告は必ず必要か ························································· 115
債権･債務がなくても清算事務が必要か ················································ 115
３回の債権申出の公告 ······························································· 116
余剰金の処理······································································· 116

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10．情報開示法に定める縦覧･閲覧等の扱い ························································ 118
選挙人名簿と個人情報の保護 ························································· 118
ＤＶ･ストーカー被害者保護の対策 ···················································· 118
法定縦覧におけるデジカメ撮影 ······················································· 119「利害関係者」の範囲 ································································ 120
組合における法 84 条備付簿書の閲覧 ·················································· 120
法 84 条備付簿書は何を指すか ························································ 120
法 84 条の「換地計画に関する図書」とは ·············································· 121
換地処分後の法 84 条備付簿書の閲覧請求 ·············································· 121
換地処分後の法 74 条関係簿書の閲覧 ·················································· 121
換地計算書の開示請求 ······························································· 122
認可権者に対する図書の閲覧請求 ····················································· 122
裁判所からの文書送付嘱託 ··························································· 122
共有者の住所・氏名の開示 ··························································· 122
備付簿書の「謄写」にコピーが含まれるか ············································· 123
備付簿書以外の図書の開示請求 ······················································· 123
仮換地に関する情報の開示 ··························································· 123
仮換地指定証明は本人限定か ························································· 124
換地の辺長･境界点の座標の開示 ······················································ 124
国土調査法 19 条 5 項の指定と測量成果の閲覧 ·········································· 124
本人の土地評価に関する資料の開示請求 ··············································· 125
組合に対する交渉記録の開示請求 ····················································· 125
組合解散後の書類の保管義務 ························································· 125
土地区画整理審議会の公開 ··························································· 126

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11．建築行為等の制限
施行地区内における建築行為等の制限 ················································· 128
国道管理者が行う工事と法 76 条許可 ·················································· 128
果樹園への転用と法 76 条許可 ························································ 128
法 76 条許可の判断基準 ······························································ 129
法 76 条許可に対する条件付与の権限 ·················································· 129
法 76 条「事業の施行に障害となるおそれがある行為」とは······························· 130
仮換地に他者が建築した事による対策 ················································· 130
自費移転を許可条件とする法 76 条許可 ················································ 130
宅地造成工事に対する、法 76 条許可と開発許可 ········································ 131
施行地区内における権利者による開発行為 ············································· 131
産業廃棄物の不法投棄 ······························································· 131
使用収益開始前の法 76 条許可申請 ···················································· 132
違反建築物に対する除却命令 ························································· 132

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12．仮換地指定
仮換地指定前の工事着手 ····························································· 134
換地計画に基づく仮換地指定 ························································· 134
仮換地指定の対象となる権利 ························································· 134
仮換地指定にあたって考慮すべき基準 ················································· 135
現位置換地の場合の仮換地指定 ······················································· 135
共有の従前地に対応する分割換地 ····················································· 135
敷地権が設定されている従前地に対する仮換地指定 ····································· 135
仮換地指定による仮換地となるべき土地の使用収益の停止································ 136
仮換地の裏指定が必要な場合 ························································· 136
裏指定による使用収益の停止 ························································· 136
道路の廃止と建築確認 ······························································· 137
従前地と仮換地の二重使用 ··························································· 137
新たに設定された権利に対する仮換地指定 ············································· 137
従前地の分筆と合併換地の解除 ······················································· 138
仮換地の分割に伴う費用の負担 ······················································· 138
権利の異動を伴う仮換地指定の変更 ··················································· 138
仮換地指定変更の効果 ······························································· 138
仮換地指定の変更の性格 ····························································· 139
仮換地指定の変更 ··································································· 139
過去の仮換地指定の誤りの処理 ······················································· 139
返却された仮換地指定通知の効力 ····················································· 139
権利者の同意のない使用収益開始日の通知 ············································· 140
仮換地指定による従前地の使用収益停止 ··············································· 140
使用収益の停止とは ································································· 140
仮換地指定を取り消した場合の従前地の使用収益停止の効果······························ 140
仮換地の使用収益開始の要件 ························································· 141
権利者の死亡と仮換地の使用収益開始の日の通知 ······································· 141
受領拒否が想定される場合の使用収益開始の日の設定···································· 141
使用収益開始前の仮換地予定地の一時使用 ············································· 141
使用収益開始前の仮換地における建築着工 ············································· 142
仮換地の一部の使用収益開始 ························································· 142
仮換地引継ぎの遅れの違法性 ························································· 142
仮換地先の住所 ····································································· 142
代表者選任と仮換地指定通知 ························································· 143
複数筆対複数筆の仮換地指定 ························································· 143
従前地の分筆の費用負担 ····························································· 143
仮換地指定の取り消し ······························································· 143
委任状の効力（１） ································································· 143
委任状の効力（２） ································································· 144
仮換地に関する証明 ································································· 144
到達しない仮換地指定通知 ··························································· 144
公示送達と効力発生の日 ····························································· 144
公示送達の手続きの省略 ····························································· 145
仮換地指定を受領していないとの主張 ················································· 145

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土砂災害特別警戒区域への対応 ······················································· 145
換地処分を控えて仮換地指定を省略できるか ··········································· 146

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13．保留地
保留地に関する審議会諮問 ··························································· 148
保留地台帳の整備 ··································································· 148
地区内権利者に限定した保留地の処分 ················································· 148
保留地を寄付するときの手続き ······················································· 148
保留地の貸付け ····································································· 149
事業の早い段階における保留地の売買契約 ············································· 149
保留地売買の性格 ··································································· 149
札者が１人のとき ··································································· 149
公募型プロポーザル方式による保留地の処分 ··········································· 150
保留地購入者が死亡したとき ························································· 150
付保留地の買受人が死亡したとき ····················································· 150
保留地買受人の死亡と所有権移転登記 ················································· 150
保留地の所有権移転登記 ····························································· 150
保留地買受人の死亡と相続の争い ····················································· 151
換地の売却と付保留地の帰属 ························································· 151
未成年者との保留地売買契約 ························································· 151
保留地売買契約の解除 ······························································· 151
保留地ローンにおける代物弁済予約と譲渡担保 ········································· 152
保留地の差押え ····································································· 152
保留地の転売と所有権移転登記 ······················································· 153
保留地の転売禁止条項の削除 ························································· 153
保留地に建設されたマンションの登記 ················································· 153
市が譲渡を受けた保留地の処分 ······················································· 153
付保留地の代金未払い ······························································· 154
保留地の賃貸······································································· 154
保留地の取得時効 ··································································· 154
保留地の財産区分 ··································································· 155
保留地の所有権移転登記と登録免許税 ················································· 155
譲渡担保契約に伴う手続 ····························································· 155

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14．建物の移転
現位置換地の場合の建物の移転 ······················································· 158
仮換地への移転と経済比較 ··························································· 158
抵当権が設定されている建物の除却 ··················································· 158
差押えのある建物の移転 ····························································· 159
破産手続きと建物の移転 ····························································· 159
２ｍ幅の通路が確保できない換地先での建築 ··········································· 159
移転通知照会は必ず必要か ··························································· 160
仮換地の使用収益開始前の移転通知照会 ··············································· 160
移転か除却かを決めない移転又は除却の通知照会 ······································· 160
借家人の移転促進策 ································································· 160
高齢者の住宅建て替えへの支援 ······················································· 160

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仮設住宅の入居期間を超過した場合の使用料の徴収 ····································· 161
公共施設用地の不法占拠 ····························································· 161
仮換地先で用途が不適合となる建築物の移転 ··········································· 161
防火地域における建築物の構造の変更と借地権 ········································· 162
直接施行までの期間の定め方 ························································· 162
施行者による建物所有者の調査 ······················································· 162
直接施行の立会人 ··································································· 163
建築物所有者からの委任状に基づいて施行者が解体撤去をすることができるか ·············· 163
所有者が確定できない建物の直接施行 ················································· 163
行方不明の借家人への対応 ··························································· 163
組合が直接施行を行うための手続き ··················································· 164
仮換地の使用収益開始前の直接施行 ··················································· 164
私法上の制限と直接施行 ····························································· 164
既存不適格建築物の移転 ····························································· 165
既存不適格建築物の直接施行と建築確認 ··············································· 165
直接施行における法令改善措置 ······················································· 165
再築工法による直接施行 ····························································· 166
除却の直接施行 ····································································· 166
除却の直接施行と仮住居 ····························································· 166
立木の直接施行 ····································································· 167
直接施行における動産の保管義務 ····················································· 167
直接施行に伴う物件の管理と引き渡し ················································· 167
直接施行における占有者の排除 ······················································· 168
占有者の動産のみの直接施行 ························································· 168
原野にある樹木の直接施行 ··························································· 169
農業用土の直接施行 ································································· 169
墓地の直接施行 ····································································· 169
施行者管理地に仮移転した物件の直接施行 ············································· 169
権利者が建てた仮設店舗は直接施行の対象となるか ····································· 169
建物所有者が、締結した移転補償契約を履行しない場合の直接施行 ························ 170
仮換地の使用収益開始前の直接施行 ··················································· 170
換地処分後の直接施行 ······························································· 170
斜線制限にかかることとなる建物 ····················································· 171
地耐力不足への対応 ································································· 171
字持地の工作物の移転 ······························································· 171

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15．補償
土地区画整理事業の施行に伴う損失補償基準(案)及び細則は誰が定めたものか ·············· 174
組合施行の場合補償基準は定めるべきか ··············································· 174「承諾書」と「契約書」について ····················································· 174
測量･調査のための土地立入りの範囲 ·················································· 174
埋蔵文化財の発掘調査 ······························································· 175
石綿含有建築物の調査および補償 ····················································· 175
移転とするか除却とするか ··························································· 175
移転工法認定と実際の工法が異なる場合の補償方法は···································· 176

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組合員が発注した撤去工事による被害対応 ············································· 176
地下構造物の扱い ··································································· 176
土地所有者による借地権者の建物の撤去と移転補償金···································· 176
権利者が仮換地の隣接地の一部を取得したときの建築物の補償···························· 177
契約期間を事業による移転までとしているアパートの移転補償···························· 177
損失補償金に代える建物の提供 ······················································· 177
他事業との同時施行により生じる移転補償費増加分の費用負担···························· 178
共同住宅の駐車場の補償 ····························································· 178
営業休止補償契約後に、地区外で営業を再開した場合の対応······························ 178
住宅に付随する駐車場の確保 ························································· 179
不要となる浄化槽の移転補償 ························································· 179
浄化槽の補償······································································· 179
中断期間が長期にわたる場合の移転補償 ··············································· 179
中断期間の延長 ····································································· 180
中断移転時の駐輪場経営者への補償 ··················································· 180
中断期間中に建物所有者が死亡した場合の対応 ········································· 180
中断期間中に借地権を譲渡した場合の補償 ············································· 180
中断期間中に土地の売買があった場合の対応 ··········································· 181
収益のある借地権者の中断期間中の補償と、土地所有者との関係·························· 181
低家賃の借家人に対する対応 ························································· 181
借家人補償の要件 ··································································· 181
借家人が自主的に退去したときの家賃減収補償 ········································· 182
借家人と先行契約したときの家賃減収補償 ············································· 182
家主が入居募集を控えた場合の家賃減収補償 ··········································· 182
中断期間が長期に及ぶ場合の家賃減収補償の見直し ····································· 182
転貸借の中断期間の補償 ····························································· 183
仮住居補償の追加補償 ······························································· 183
換地不交付と建物の補償 ····························································· 183
借地権の更新料の補償 ······························································· 183
土地所有者に対する地代減収の補償 ··················································· 183
仮設住宅･仮設店舗の設置 ···························································· 184
移転の遅れと仮換地の管理費の補償 ··················································· 184
郵便為替による補償金の郵送 ························································· 184
宅地造成工事費相当額の補償 ························································· 184
建物所有者が死亡している場合の移転補償契約 ········································· 185
行方不明の権利者との移転補償契約 ··················································· 185
行方不明者と移転補償契約 ··························································· 185
現に居住する法定相続人との契約 ····················································· 186
別居している夫婦との契約 ··························································· 186
弁護士を代理人とする契約 ··························································· 186
共有の建物に関する移転補償契約 ····················································· 187
認知症の母親との移転補償契約 ······················································· 187
委任による移転補償契約 ····························································· 187
抵当権と補償金の供託 ······························································· 187
破産手続開始と移転補償契約 ························································· 188
差押えと移転補償金 ································································· 188

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虚偽の申告に基づく移転補償契約 ····················································· 188
移転補償契約の不履行 ······························································· 189
権利者の死亡と仮住居補償の追加 ····················································· 189
仮住居補償の支払後、地権者が死亡した場合の対応 ····································· 189
契約締結後の追跡調査 ······························································· 189
建物移転跡地における駐車場経営と営業補償 ··········································· 190
法 78 条補償の請求権は私法上の債権か ················································ 190
市施行の土地区画整理事業における市所有の建物の移転補償契約·························· 190
サブリース契約の補償 ······························································· 190
フランチャイズ契約におけるロイヤリティの補償の可否·································· 191
診療所の中断移転に係る仮営業所補償は妥当か ········································· 191
建築物のリフォームと移転補償 ······················································· 191
共同墓地の移転補償契約 ····························································· 191
墓地の移転と補償契約 ······························································· 192
火災で消失した建物の補償 ··························································· 192
違反建築物への補償 ································································· 193
法 76 条違反建築物の移転補償 ························································ 193
換地先を売却した場合の従前地建物の補償 ············································· 193
換地先底地に同一地権者の建物がある場合の補償 ······································· 193
破産申立と移転補償契約 ····························································· 194
倒産した法人所有地にある廃棄物 ····················································· 194
差押登記のある建物の移転補償 ······················································· 194
既存不適格工場の移転補償 ··························································· 194
法令改善費の補償 ··································································· 195
事業により建ぺい率違反･容積率違反となる建築物の補償································· 195
事業により斜線制限･日影規制に抵触することとなる建築物の補償························· 196
土壌汚染に対応するときの考え方 ····················································· 196
地中障害物への対応 ································································· 199
土留め擁壁の補償 ··································································· 199
借地権者が設置したガソリンスタンド地下貯蔵タンクの扱い······························ 200
不要の地下埋設物の残存 ····························································· 200
廃棄物の撤去······································································· 200
地耐力の不足が確認された場合 ······················································· 201
仮換地で地盤沈下が確認された場合 ··················································· 201
契約不適合責任期間 ································································· 201
地区外の道路に設置された物件の補償 ················································· 202
換地不交付の私道に対する補償 ······················································· 202
法 101 条補償とはどういうものか ····················································· 202
法 101 条の損失補償とは（得べかりし期待利益） ······································· 202
未利用地の法 101 条補償 ····························································· 202
法 101 条補償の起算日 ······························································· 203
法 101 条補償の補償期間 ····························································· 203
法 101 条補償は、仮換地指定の効力発生の日から補償の対象とするか ······················ 203
法 101 条補償不要の念書の効果 ······················································· 203
法 101 条補償の協議不成立と供託 ····················································· 204
法 101 条補償に関する収用委員会への裁決申請 ········································· 204

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法 101 条補償の請求権の消滅時効の起算日 ············································· 204
位置指定を受けている私道は法 101 条補償の対象となるか································ 205
直接施行に伴う法 101 条補償の取扱い(協議不調の場合の手続き) ·························· 205
農業休止補償と法 101 条補償 ························································· 205
協議に応じない農地の法 101 条補償 ··················································· 205
借地契約の解除と法 101 条補償 ······················································· 206
借地人の転出と地代補償 ····························································· 206
減歩による貸地面積減少による損失は補償すべきか ····································· 206
営業廃止の補償 ····································································· 206「土地一時使用貸借契約」の対応 ····················································· 207
賃料減収補償の遅延損害金 ··························································· 207
法 113 条に規定する、賃料の増額を請求されて契約を解除した場合の補償 ·················· 207
法 114 条の補償とは ································································· 207
移転に伴い借家契約が解除された場合の法 116 条補償···································· 208
建物移転に伴う不動産取得税の減免措置 ··············································· 208
移転補償金に関する消費税の取扱い ··················································· 209
移転補償契約前に収用委員会に裁決申請できるか ······································· 209
収用委員会への裁決申請と直接施行 ··················································· 210
直接施行と補償金の供託 ····························································· 210
配偶者居住権に対する補償基準及びその算定方法は ····································· 210
用対連基準の照応建物の補償について ················································· 210

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16．測量･工事測量のための土地立入 ······························································· 212
土地を占有する者 ··································································· 212
土地立入りと住居侵入罪 ····························································· 212
同意のない土地への立入り ··························································· 212
施行地区界に対する権利者の同意 ····················································· 213
施行地区内における第三者の工事施工 ················································· 213道路の境界確定 ····································································· 213
出来形確認測量の実施時期 ··························································· 213
国土調査法 19 条 5 項の申請 ·························································· 214
国土調査法 19 条 5 項の指定を受けた成果品の活用 ······································ 214

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土地区画整理事業と無電地中化······················································ 215
電線共同溝整備に係る国庫補助 ······················································· 215
要請者負担方式の費用負担 ··························································· 216
法 101 条補償の協議が整わないときの工事施工 ········································· 216
施行地区外の工事の費用負担 ························································· 216
仮換地の地耐力の確認 ······························································· 217造成工事を行わない地区での地耐力調査 ··············································· 217
地区外工事の費用負担 ······························································· 218

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17．管 理
従前地が施行者管理地となる時点 ····················································· 220
施行者管理地の使用 ································································· 220
埋蔵文化財の調査 ··································································· 221

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法 80 条による埋蔵文化財の調査 ······················································ 221
施行期間中の道路占用許可 ··························································· 221
施行地区に編入した公共施設の管理権 ················································· 221
仮換地指定済みの隣接地の使用 ······················································· 221
換地処分前の公園予定地の利用 ······················································· 222
減価補償金により先行取得した用地の一時使用 ········································· 222
残土の受け入れと地代の徴収 ························································· 222
民事保全法上の妨害排除請求権 ······················································· 223
施行期間中の道路占用許可 ··························································· 223
施行地区内の農地の転用 ····························································· 223
保留地のための農地転用 ····························································· 224
従前地分筆の規制 ··································································· 224
換地を定めない宅地の売却 ··························································· 225
改正土壌汚染対策法 4 条 1 項の届出に添付する同意書···································· 225
公共施設の管理引継ぎ ······························································· 225
宅地境界上の擁壁の帰属と管理 ······················································· 226
中核市への権限委譲 ································································· 226
施行規程に関する監督権 ····························································· 226
仮換地･保留地の取得と不動産取得税の軽減 ············································ 227
仮換地に家屋を建てたときの不動産取得税の減免 ······································· 228
個人施行の所得税・法人税 ··························································· 228
保留地への固定資産税の課税 ························································· 228
農地の猶予税額の免除の要件 ························································· 228
納税猶予の継続 ····································································· 229
農地の交換に対する課税 ····························································· 229
過料の強制執行 ····································································· 229
中断期間の固定資産税 ······························································· 230
清算金債権の譲渡と課税の特例 ······················································· 230
減価補償金による先行買収 ··························································· 230
交付清算金に関する買取り証明 ······················································· 231
法 72 条６項の通知に代える公告 ······················································ 231
電柱を設置する手続き ······························································· 231

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18．換地計画
清算金明細を除く換地計画 ··························································· 234
施行後の町界･町名･地番の設定 ······················································· 234
土地の種目別対照表における施行後の地積の端数処理···································· 234
換地計画における地目 ······························································· 235
Ａ･Ｂ共有の従前地をＡ･Ｂそれぞれ単独所有の換地に···································· 235
高速道路用地は公共施設用地か ······················································· 235
工区間飛換地の換地計画 ····························································· 235
権利関係が把握できない土地の換地不交付処分 ········································· 236
所有者不明の過小宅地は換地不交付処理できるか ······································· 236「講」が所有する土地の換地不交付処分 ················································ 236
仮差押と換地不交付処分 ····························································· 236
地役権が設定されている宅地が施行後道路になる場合···································· 237

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期間経過後に提出された追加意見書 ··················································· 237
換地計画に関係のない意見書 ························································· 237
町道認定されている旧国道内の国、県名義の土地の取扱い································ 238
国道内に存する県名義の土地の取扱い ················································· 238

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19．換地処分
換地処分通知から換地処分公告までの権利変動への対応·································· 240
死者に対する換地処分通知 ··························································· 240
差押え登記と換地処分通知 ··························································· 240
保留地の換地処分通知 ······························································· 241
清算結了した法人に対する換地処分通知 ··············································· 241
解散法人に対する換地処分通知 ······················································· 241
返送されてきた換地処分通知 ························································· 241
権利変動に伴う換地処分取消通知 ····················································· 242
換地処分変更の効果 ································································· 242
解散法人への換地処分通知 ··························································· 242
事業途中での換地処分 ······························································· 242
換地処分と公正証書の巻き直し ······················································· 243
相続に争いがある場合の換地処分通知 ················································· 243
遺産分割に関する調停の成立と換地処分の変更 ········································· 243
行政処分の変更の性格 ······························································· 243
施行者である市町村の合併と行政処分の有効性 ········································· 244
工事の一部未完成と換地処分 ························································· 244
換地の造成工事が未完了の状態で、換地計画の認可申請が提出できるか ···················· 244
保留地処分未完了地区の換地処分 ····················································· 244
工区ごとの換地処分 ·································································· 245
簡易書留による行政処分の通知 ······················································· 245
返送されてきた行政処分の通知 ······················································· 245
公示送達の「書類が到達したとみなす日」 ············································· 246
相続放棄と公示送達 ································································· 246
受領拒否による公示送達（１） ······················································· 247
受領拒否による公示送達（２） ······················································· 247
除籍簿に「高齢者につき死亡と認定」とされたものへの換地処分通知 ······················ 247
公示送達の書類が到達したとみなす日 ················································· 247
換地処分公告後の換地計画の変更 ····················································· 248
事業完了後の換地確定図の取扱い ····················································· 248
換地処分後の直接施行 ······························································· 248
事業施行期間の満了と清算金を徴収する権限 ··········································· 249
清算金の徴収･交付と組合の解散 ······················································ 249
個人施行の事業の終了 ······························································· 249
換地処分後の組合の指導・監督 ······················································· 250
機能を停止した組合の指導 ··························································· 250
地方公共団体施行の事業の完了 ······················································· 250
事業完了後、公園一部を公益施設に出来るか ··········································· 250
事業完了後の公園面積の縮小 ························································· 251
２週間の縦覧期間 ··································································· 251

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認可を取り消した場合の既処分の有効性 ··············································· 252
無効な行政処分通知の取り消し ······················································· 252
判決による所有権の抹消 ····························································· 253
元町内会構成員の共有地の扱い ······················································· 253

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20．登 記
所有権保存登記がない土地の扱い ····················································· 256
換地処分の登記による権利部の書き換え ··············································· 256
離れた従前地に対する敷地権の設定 ··················································· 256
換地処分の登記と建物所在図 ························································· 257
不存在建物の滅失登記 ······························································· 257
保留地の所有権移転登記 ····························································· 257
保留地の所有権移転登記における売買の日付 ··········································· 257
保留地の転売に伴う所有権移転登記 ··················································· 258
換地処分による地上権設定登記 ······················································· 258
換地処分による要役地の表示変更の登記 ··············································· 258
換地処分後の権利者の住所変更登記 ··················································· 258
町丁名変更の権限 ··································································· 259

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21．清算金
清算金に関する通知の処分性 ························································· 262
宅地が共有の場合の清算金の徴収･交付 ················································ 262
分譲マンションの清算金 ····························································· 262
権利者の死亡と清算金 ······························································· 262
墓地所有者の死亡と清算金 ··························································· 263
相続放棄と清算金 ··································································· 263
法定相続人の 1 人の相続放棄と清算金 ················································· 264
法定相続人の 1 人の行方不明と清算金 ················································· 264
法定相続人の一部が不明な場合の清算金の徴収･交付 ···································· 265
保存登記がない土地の交付清算金 ····················································· 265
真正な登記名義の回復と清算金徴収･交付の相手方 ······································ 265
分譲マンションの清算金 ····························································· 266
抵当権者である法人の解散と清算金の供託 ············································· 266
破産手続と清算金の徴収 ····························································· 267
差押えの登記と清算金 ······························································· 267
清算金債務引受の手続き ····························································· 267
権利者の死亡と徴収精算金の納付義務 ················································· 268
権利者の死亡と清算金の供託 ························································· 268
相続登記がされていないときの清算金の処理 ··········································· 268
保存登記がないときの清算金の処理 ··················································· 268「清算金債務の承継届」の効果 ······················································· 269
法定相続人の 1 人から提出された「清算金債務の承継届」································ 269
法定相続人が複数いる場合の清算金の徴収 ············································· 269
施行期間中の土地の売買と清算金の帰属 ··············································· 270
土地の売買にあたり清算金の説明がなされていないときの扱い···························· 270
土地の売買にあたり清算金は売主に帰属する旨の特約がある場合の扱い ···················· 271

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換地処分公告前の権利変動と清算金の帰属 ············································· 271
土地の売買と清算金の帰属 ··························································· 271
換地処分後に換地の売買がなされた場合の清算金の帰属·································· 271
清算金債権譲渡の通知の効力 ························································· 272
売買契約書における売主が賦課金を支払う旨の特約 ····································· 272
売買契約書における清算金を売主に帰属する旨の特約···································· 272
債務引受後の清算金の滞納 ··························································· 273
旧組合員への賦課金の請求 ··························································· 273
第三者への清算金納付書の送付 ······················································· 273
併存的債務引受の趣旨 ······························································· 274
併存的債務引受の場合の請求の順序 ··················································· 274
併存的債務引受の要件 ······························································· 274
抵当権が設定されている宅地の借地権に係る清算金 ····································· 274
清算金債権の差押えと清算金の供託 ··················································· 275
仮登記と清算金の供託 ······························································· 276
権利者から交付請求がなされない場合の清算金の供託···································· 276
抵当権・賃借権と交付清算金の供託 ··················································· 276
換地不交付の宅地の清算金処理 ······················································· 277
清算金の単価の決定における時点修正の考え方 ········································· 277
清算金の価格水準 ··································································· 278
分割徴収における督促状 ····························································· 278
延滞金の利率······································································· 278
閏年の延滞金の利息の計算 ··························································· 279
併存的債務引受の場合の督促状の通知先 ··············································· 279
分割徴収の場合の督促 ······························································· 280
督促の期限後に発行した督促状 ······················································· 280
再度の督促········································································· 280
督促手数料の請求 ··································································· 280
催告書の記載······································································· 280
納期限の延長の効果 ································································· 281
延滞金の発生する日 ································································· 281
延滞金の計算方法 ··································································· 282
延滞金の軽減措置 ··································································· 283
組合からの滞納処分の申請 ··························································· 283
滞納処分の義務 ····································································· 283
清算金の滞納処分 ··································································· 283
組合が行う滞納処分の認可の要件 ····················································· 284
借地権者が行方不明となっている場合の滞納処分 ······································· 284
土地が共有の場合の滞納処分 ························································· 284
滞納処分を実施しない判断 ··························································· 285
差押えの方法······································································· 285
差押え登記の土地の清算金支払先 ····················································· 286
清算金分割徴収の利子の計算 ························································· 286
督促に係る利息 ····································································· 286
清算金の分割徴収時に係る利息の利率の取扱い ········································· 286
生活窮迫者に対する清算金の徴収 ····················································· 287

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差押えと時効の中断 ································································· 287
清算金の消滅時効 ··································································· 287
相続人が特定できない場合の清算金の消滅時効 ········································· 288
債務の承認による時効の中断 ························································· 288
仮清算の必要性とその手続き ························································· 289
小規模宅地の徴収清算金の軽減 ······················································· 290
同一所有者に対する徴収清算金と交付清算金の相殺 ····································· 290
清算金を徴収する権限の譲渡 ························································· 290
清算金延滞金の端数処理 ····························································· 291
清算金の端数処理 ··································································· 291

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22．審査請求･訴訟審査請求の審査を行う行政庁 ························································· 294
訴訟継続中に組合を解散できるか ····················································· 294
仮換地指定処分取消訴訟の棄却判決後の換地処分取消訴訟の可否·························· 295
共有者単独の審査請求･訴訟 ·························································· 295
権利者の死亡と審査請求期間 ························································· 295
個人施行の換地処分通知への教示 ····················································· 296
教示文の記述内容の変遷 ····························································· 296
施行地区の縮小と訴訟 ······························································· 296
審査請求ができる期間、訴訟ができる期間 ············································· 297
処分から 61 日目の審査請求の有効性 ·················································· 297
法 76 条許可に対する不服申立 ························································ 297
審査請求は事業を止められるか ······················································· 298
不適法な審査請求における口頭意見陳述の機会の付与···································· 298
口頭意見陳述と処分庁の出席 ························································· 299
執行停止の申立の効果 ······························································· 299
審査請求の併合と総代互選命令 ······················································· 300
コンサルタントと非弁行為 ··························································· 300
審査請求の裁決をなすべき期間 ······················································· 301
審査請求の裁決で処分の指示ができるか ··············································· 301
審査請求の認容裁決の第三者への効果 ················································· 301
訴訟が提起された場合の認可権者への報告義務 ········································· 302
契約不適合責任期間 ································································· 302
仮換地の地中埋設物の契約不適合責任の消滅時効の起算点································ 302
境界確定訴訟の当事者適格 ··························································· 303
主観的審査請求期間・出訴期間の起算日 ··············································· 303
公示送達をしたときの主観的審査請求期間・出訴期間の起算日···························· 303
客観的審査請求期間に係る規定中「処分があった日」とは································ 303