JOLAC

Land Acquisition & Compensation for Public Use
in Japan－ Outline ＆ Expropriation －February 18, 2015
(Vice-President, JOLAC )YAMASHITA Yasuhiro
General Incorporated Foundation
Japan Organization for Land Acquisition and Compensation
一般財団法人 公共用地補償機構
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CONTENTS
Ⅰ Outline
1. Outline of Process
2.Organizational Framework
3.Legal Framework
4.System-infrastructure

Ⅱ Compensation Theory－ Just Compensation & Due Process －Ⅲ Expropriation
1.Legal Scheme of Expropriation
2.Procedure of Expropriation

Ⅳ. Recent Trends & Problems
APPENDIX 1 The Constitution of Japan (Extraction)
APPENDIX 2 Civil Code of Japan (Extraction)
APPENDIX 3 Provisions on Life Rebuilding Measures

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INTRODUCTION
General Incorporated Foundation“The Japan Organization for Land Acquisition and Compensation “
3F Avenue-Otowa Bldg., 2-2-2, Otowa, Bunkyo-ku, Tokyo, 112-0013, Japan

ACTIVITIES① Compensation Consultant Activities② Researches & Studies on Land Acquisition and Compensation for Public Use

The Japan Organization for Land Acquisition and Compensation was
settled as a public interest corporation with the approval of the Minister ofConstruction in 1989, and converted to a general incorporated foundation
with the approval of the Prime Minister in 2012.
Purposes of the Organization are to cooperate with public agencies in landacquisition or land use for Public Projects and to research and study oncompensation.
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Ⅰ OUTLINE

1.Outline of Process on Land Acquisition for Public Use
Explanation
SurveyEvaluation
NO(Compulsory Acquisition)
Land Expropriation

Negotiation（Purchase by agreement）

OK
Expropriation Committee

Contract

Payment

Delivery of Land

Determination for Expropriation

Payment

Registration

Registration

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Delivery of Land

Compulsory Execution4

2. Organizational Framework of Land Acquisition for Public use① Project Authorities of Public Works or Public Welfare Undertaking
National Government
Local governments (Prefectures, Municipalities)
Incorporated administrative agencies (Urban Renaissance Agency, Japan Water Agency etc.)
Expressway companies, Electric power companies, Railway companies
Etc.

②

Compensation Consultants※Contractor of Compensation Consultant Business

Compensation Consultant Registration System (by MLIT in 1984)※MLIT : the Ministry of Land, Infrastructure, Transport and Tourism
about 3000 consultants registered“Qualified Specialist of Compensation” licensed by JCCA
※ JCCA : Japan Compensation Consultant Association
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53. Legal Framework of Land Acquisition for Public use□ Constitution□ Compulsory Acquisition□ Purchase by agreement

Land Expropriation Act

Civil Code
Etc.

Etc.

Guideline & standards on Loss Compensation
for Public Use Land Acquisition
Cabinet Decision “The Guideline of Standard for Compensation for
Loss Caused by Acquisition of Land for Public Use”
□ Standards of each ministry and agency etc□ “the Standard of compensation for loss Caused by Acquisition ofLand for Public Use Guidelines” of “Yotairen”□

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Compulsory Purchase Provisions In The Constitution［English Translation ］

THE CONSTITUTION OF JAPANNovember 3, 1946

Article 29.
The right to own or to hold property is inviolable.
Property rights shall be defined by law, in conformity with the public welfare.
Private property may be taken for public use upon just compensation therefor.

The Constitution of the Kingdom of Cambodia
September 21, 1993（the 1999 amendments）

Article 44:
All persons, individually or collectively, shall have the right to ownership. Only
Khmer legal entities and citizens of Khmer nationality shall have the right to
own land.
Legal private ownership shall be protected by law.
The right to confiscate properties from any person shall be exercised only inthe public interest as provided for under the law and shall require fair and justcompensation in advance.
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Acquisition of Title
Acquisition of Title
・For doing the public works in any lands, the public works
authority must have a valid Legal Title to such lands.
※If the public works were executed at other owner ‘s land without any titles ,compensation for damages might be claimed.

Acquisition of Ownership・As for the title , the public works authority generally acquires
ownership of land.
※Exceptionally, Leasehold, Superficies, etc.
・Ownership ,which has the power of total control to thething , is “the right to freely use, obtain profit from and disposeof the thing owned, subject to the restrictions prescribed bylaws and regulations.”
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Method of acquiring land ownership
1.Purchase by agreement

generalAcquisition by negotiation

2.Compulsory purchase（Eminent Domain, Expropriation)
exceptional
Constitution of Japan§29 , Land Expropriation Act
In general, land acquisition for public projects is not done by procedure under the Land
Expropriation Law but by mutual negotiation among the project initiator, the landowner, andinterested parties.

Acquiring Ownership

Purchase by agreement

Compulsory purchase

Just Compensation

Clearout of Land
occupation
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Delivery of land
without compulsion
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compulsory execution by
governor9

Purchase by agreement

Sale of Land
Ownership of LAND

sellerbuyer
purchase money
Real Property Registration

Requirements of Perfection of Changes against third parties
in Real Rights concerning Immovable properties

the Principle of the Freedom of Contract
The Principle of the Freedom of Contract is the idea that the contract
should be left to the free intention of the parties concerned to reach or
not to reach the agreement. And, have the government and thesociety hands off to the contents of the private contracts.
Freedom of Conclusion of a Contract
Freedom of Adversary Party Selection
Freedom of Contract Contents Determination
Freedom of Form

※Correction to The Principle of The Freedom of Contract(EX)
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Land Lease and House Lease Act
Interest Rate Restriction Act
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Land Acquisition for Public Use Sale of Land for Private Use

Purchase by agreement
Amount of Purchase Money

Amount of Purchase Money

Agree

Standard for Compensation
Justice ,Equality

Civil Code(Financial Source: Tax etc.)

Compulsory PurchaseCannot Agree

By Agreement

Principle of Freedom ofContract

Cannot buy(Only -Competent Projects for
Expropriation)

Land Expropriation Act
・Just Compensation
・Due Process
Fundamental Human Rights

Public Interest

Equal Parties※Sovereign Power
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4. System-infrastructure on Land Acquisition for Public Use

Laws & Regulations (Constitution. Civil Code, Land Expropriation Act etc.)
Standard for Compensation
Rule & Procedure

Real Property Registration
Maps
What right ?
Whose right ?
Where is the real property?

Basic Resident Registration

Real Property
SurveyEvaluation
Negotiation

Land Prices Public Announcement
Real Property Appraisal
evaluation

2015/2/18(the residence certificate)（Family Registry ）Where does Owner live ?
Is Owner alive?
Does Owner has any family?

Compensation Consultants
assistance by professional

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Ⅱ COMPENSATION THEORYTHE CONSTITUTION OF JAPAN
Article 29.
The right to own or to hold property is inviolable.
Property rights shall be defined by law, in conformity with the public welfare.
Private property may be taken for public use upon just compensation therefor.
[ Compulsory Acquisition ]Land Expropriation Act , Chapter6
Cabinet Order on Details of Land Expropriation Act Article88-2
Etc.

Compensation Level= approximately equal[exception] Time of Calculating Compensation etc.
[ Purchase by agreement ]Cabinet Decision “The Guideline of Standard for Compensation
for Loss Caused by Acquisition of Land for Public Use”

Other standards on Loss Compensation for Public Use Land
Acquisition

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Just Compensation Under the Land Expropriation Act“Just Compensation” under the Land Expropriation
Act should be “Full Compensation”, which means
the objective value of the acquired property (fairmarket value) should be provided for compensation.
SUPREME COURT

Under the Land Expropriation Act, compensation for loss
should be full compensation, that is, the property value ofan aggrieved person does not change before and after
condemnation, and the amount should be sufficient enoughto acquire alternative land nearby which is equivalent to theland taken.
[Sup. Ct., October 18,1973, 27 Minshu 9, 1210 [1973]]

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Principle of Individual Payment
Compensation for losses shall be made to each individual involved.
However, this shall not apply to the case it is difficult to individuallyestimate the compensation amounts.

Method of Compensation
Compensation for losses shall ,in principle, be made with money.
In the case the holder of right requests that the loss be compensated withthe offer of land or building etc. as the substitute of compensation money,
efforts shall be made to make such offer in kind as far as possible, provided
that the request is considered to be reasonable and cannot be met
otherwise.

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System of Purchase by agreement (Acquisition by negotiation)

Guideline & standards① Guideline by Cabinet decision
In order to provide comprehensive requisites for compensation and its
calculation ,and ,thereby , to ensure smooth implementation of the publicproject and appropriate compensation for loss, the Cabinet decided on“The Guideline of Standard for Compensation for Loss Caused byAcquisition of Land for Public Use” in 1962.

② Yotairen Standards
As under this guidelines, each ministry and agency enacted or amended thestandards of compensation for loss immediately.
The Liaison Conference for Measures on Acquisition of Land by public
works enterprises and organs – generally called “ the Yotairen” made internal
detailed standards－“the Standard of compensation for loss Caused byAcquisition of Land for Public Use” －in 1962.
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Outline of Compensation for Loss by Land Acquisition[1] Compensation for Rights
Compensation for Land

[2] Compensation for
Ordinary Loss
Caused by Land Acquisition

Land Acquisition

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Compensation for Removal of
Building

Compensation for Business Loss
etc.
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Compensation for Land

Price of Land

On the basis of the Normal Transaction Price
Price of land shall be calculated on the basis of the following materials , andshall be determined after over all comparison and evaluationa) Comparison with normal transaction price in the marketb) Public Notice of Land Prices by national government & Standard Land
Prices by local governmentsc) Appraisal Prices by Real Estate Appraiserd) Others※Public notice of land prices
It is to show the general public sound prices for standard land as of January 1 every year
under the Public Notice of Land Prices Law.

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REFERENCE
Ownership of real estate －Distinctiveness of Japan

Japan
Removal of Building

Ownership
Building

Compensation
Land Expropriation

Ownership

Land

Many Other Countries
Compensation
Expropriation

Building

Ownership(In principle)

Land
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REFERENCE[ Example ] rights on Land & rights on Building※In Japan, land is regarded as a separate asset from buildings.

Ownership of Building
Lessee =Tenant of Building/Residents

Lease of Building
Mortgage

Lessor =Owner of Building(Bank)

Lessee =Owner of Building
Lease of Land
Lessor = Owner of Land
Mortgage(Bank)

Ownership of Land

※There is a property holding system called “land lease”: the ownership of a building only, excluding the land.
A land lease is only granted under a provision that the building is owned by a different party from the actual landowner.
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Compensation for Land

Compensation for Remaining Land

Acquired for
public use

Remaining Land :the rest of the land acquired for a public project◆If the remaining land is so narrow as to cause the decline in price or the value of
use due to difficulty in usage , compensation shall be made to cover such loss ,or ,depending on the situation, the remaining land is acquired.
.
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COMPENSATION FOR ORDINARY LOSS
Caused by Land Acquisition
EX.

Compensation for removal expenses
Compensation for business loss

Compensation for Ordinary Loss ;for which any landowner who is deprived of rights to land canclaim compensation, under usual circumstances, forunavoidable economic loss caused by condemnation, but he or
she cannot claim for loss under special circumstances.

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Time of Calculating Compensation

1.Purchase by Agreement
at the time of Concluding the Contract
2.Expropriation(Compulsory Purchase)①Compensation for Land or Rights on landat the time of Notification of Project Recognition(※Revision Rate Corresponding to
the changes of prices)②Compensation for Ordinary Lossat the time of Determination for Vacation

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Price Increase

Amount ofCompensation

belong to
Project Authority
Price Decrease

Market Price

Land to be ExpropriatedFixed Price

Speculation or
Expectation

The revision rate
corresponding to
the changes of
prices(Land Expropriation
Law§71)

Land Expropriation Law
Planning

Notificationof Project
Recognition

The fair price
Determination for calculated byAcquisition of
considering theRighttransaction pricesof the similarlands in theneighborhood

Amount of Compensation for Landin the Land Expropriation
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Ⅲ EXPROPRIATION

System of Expropriation（Compulsory purchase, Compulsory acquisition, Expropriation, orEminent Domain）

Land Expropriation Act(Act No.219 of 1951)
Under Article 29, Paragraph 3 of the constitution, the Land
Expropriation Act was enacted in 1951 as a general statuteconcerning compulsory acquisition of land for public purpose.
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Outline of Land Expropriation

Project Authority

Private Owner
Delivery of Land

Building
Rights on Land

LAND

LAND

Land Ownership

Compensation

Acquisition of Ownership※Extinction of Rights

Land Expropriation Procedure
Determination for Expropriation
registration
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Legal Scheme of Expropriation in “the Land Expropriation Act” of Japan
Project Recognition Process

Project Recognition Authority（Minister of LIT/ Governor of Prefecture）［Actor of Expropriation］

Project Authority
Acquisition of Right(Exercising their authority independently )Loss Compensation

Expropriation Committee Process

Delivery of Land

Determination for
Expropriation

Expropriation committeeof Prefecture
Examination
Determination
Compensation for Losses
Date of Right Acquisition
Time Limit of Land Delivery etc.

Owner /Relevant Persons
who have rights on the land※With regard to city planning projects, the Land Expropriation Act §20 ( the Project Recognition )shall not be adapted , but theapproval or recognition of City planning projects by City Planning Act shall be substituted for it.

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REFERENCE
Legal Scheme of Expropriation in “ Law on Expropriation ” of Cambodia
The state is the only party that carries out expropriation

Government

Approval of the Declaration of Expropriation Project

Complaint Resolution Committee

Expropriation Committee

led by representatives of Ministryof Land Management, Urban
Planning and Construction

led by a representative of Ministry of Economy and FinanceComplaint to Decisionof Expropriation Committee

Decision on Complaint toExpropriation Committee ‘s Decision

Survey of Lights of Owners and/or Rightful Owners
Recording Description of Rights & Related Problems
Public Consultation with Authorities
Declaration of Expropriation Project
Decision on Expropriation(Ownership & Real Right to be Expropriated Compensation
Deadline for Moving from Location)
Request of Taking Measures for Leaving the Location ( toCompetent Institutions or Authorities )Owner of immovable property
and/or rightful owner

Ministry/Institution

Project Implementer
State Enterprise or Public Establishment, Contractor or Investor.
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Organization for Expropriation Procedure
Project Recognition

Project Recognition Authority
・Project of which Project Authority is State or Prefecture

Minister of LIT

Prefectural Governor

Determination for Expropriation

・Project on Important Harbor, Railway, Public Airfield
etc. which will affect the interests of an area beyond thearea of one prefecture etc.
Other Projects

Expropriation Committee

Expropriation Committees of Prefectures

47 committees

・7 members( appointed by Prefectural Governor)
・Committees shall exercise their authority independently
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OUTLINE Of EXPROPRIATION PROCESS (Land Expropriation Act)
Explanatory Meeting for The Project

Project
Recognition
Processfor Public Use

Application for Project Recognition (Project Authority)

Public Notice & Inspection of Written Application
Public Hearing
Public Notice of Project Recognition （ Project Recognition Authority ）※Exception of City Planning Projects

Drawing up of Statement of Land & Articles (Project Authority)
Expropriation
Committee
ProcessforJust Compensation

Application for Determination
Examination by Expropriation Committee
Determination for Right Acquisition & Determination for Vacation(Expropriation Committee )Payment of Compensation (Project Authority)
Acquisition of Right (Project Authority)
Delivery of Land or Article
NO
Administrative
Application for Substitute Execution by Administration (Project Authority)
Compulsory
Execution Process Substitute Execution by Administration ( Governor)
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Land Expropriation Act(The case of expropriation of land )Application for Project Recognition
Project
Recognition
Process

Project Recognition Authority（Minister of LIT/ Governor）

Project Authority

Project Recognition
within 1 year

Owner of Land Relevant Persons

Application for Determination

Examination

Expropriation Committee

Expropriation
Project Authority
Committee
Process
Determination of Rejection

Owner of Land
Relevant Persons who have rights on the land
Determination for Expropriation

Reconciliation

Determination for Right Acquisition
Determination for Vacation

Payment or Deposit Compensation Money
Delivery of Land /Removal of Articles
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Governor
SubstituteExecution by
Administration Ownersof LandAdministrative
31
etc.
Execution Process

Competent Projects for expropriation① Competent project s for expropriation by Land Expropriation Act §3
The Land Expropriation Act（ §3 ） enumerates projects that may expropriate
land . Road construction , river improvement, water supply , railway ,construction , waste disposal facilities etc. are examples.
②Competent project s for expropriation by other lows
City planning projects of the City Planning Act shall be deemed to be
projects of the Land Expropriation Act § 3 by the City Planning Act
69.
※City planning projects: projects for the improvement of a city
planning facility and urban development projects having obtained
permission or approval under City Planning Act §59.
With regard to city planning projects, the Land Expropriation Act§20 ( the Project Recognition by minister or governor )shall not be
adapted , but the approval or recognition of City planning projects byCity Planning Act §59 shall be substituted for it.
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“Determination for Right Acquisition” by Expropriation Committee
Apprication( Land Expropriation Act)

300

Determination

252

Reconciliation

250

227

Withdrawal

224
211
194

200
174

193

180

193
180

171

153
142

199

178

175

150

209

203
193

152

146

139

161
149

134
124

113

112

100

51
50
19

57
44
16

46
37
22

45
29
19

6

36
27

26
11

88

6

2005

2006

2007

35

13

9

2008

2009

1617

13

2010

2011

34
8

10

2012

2013

0
2000

2001

2002

2003

2004

※ City Planning Projects are included
Original Data Source: MLIT

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Rule of “Application at the appropriate time”
on the Expropriation Procedure◆After Setting up Piles for Site Width : 3 years
or◆Land Acquisition Rate : 80%
in principle

Preparation for Expropriation Procedure
Application for Project Recognition

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Lawsuit on Land Expropriation
Project Recognition Authority

Project Recognition

Project Authority
Owner /Relevant Persons

Judicial Court

Determination for Expropriation
Expropriation committeeof Prefecture

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Filing a Lawsuit◆Vs. State or Prefecture（Project Recognition
Authority）◆Vs. Prefecture(Expropriation Committee)◆Vs. Project Authority / Vs. Owner /Relevant
Persons (a suit concerning the Determinationon compensation for loss)
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Ⅳ. RECENT TRENDS & PROBLEMS※Recovery & Reconstruction from the Great East Japan Earthquake（２０１１．３．１１）

１．Acceleration of Expropriation Procedure
2.Countermeasures to Missing Person Problem●Management of Absentee Property
Administrator of Absentee Property●Adjudication of Disappearance●Expropriation Procedure

3. Life Rebuilding Measures

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(Extraction)

APPENDIX 1

The Constitution of Japan
Constitution November 3, 1946

Article 11. The people shall not be prevented from enjoying any of the fundamental
human rights. These fundamental human rights guaranteed to the people by thisConstitution shall be conferred upon the people of this and future generations as
eternal and inviolate rights.

Article 12. The freedoms and rights guaranteed to the people by this Constitution
shall be maintained by the constant endeavor of the people, who shall refrain fromany abuse of these freedoms and rights and shall always be responsible for utilizingthem for the public welfare.

Article 16. Every person shall have the right of peaceful petition for the redress ofdamage, for the removal of public officials, for the enactment, repeal or amendmentof laws, ordinances or regulations and for other matters; nor shall any person be in
any way discriminated against for sponsoring such a petition.

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Article 17. Every person may sue for redress as provided by law from the State ora public entity, in case he has suffered damage through illegal act of any public
official.

Article 29. The right to own or to hold property is inviolable.
Property rights shall be defined by law, in conformity with the public welfare.
Private property may be taken for public use upon just compensation therefor.

Article 31. No person shall be deprived of life or liberty, nor shall any othercriminal penalty be imposed, except according to procedure established bylaw.

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APPENDIX 2

Civil Code of Japan(Extraction)

Act No. 89 of April 27, 1896

□ [ Principle ](Fundamental Principles)
Article 1 Private rights must conform to the public welfare.
(2) The exercise of rights and performance of duties must be done in good faith.
(3) No abuse of rights is permitted.

(Public Policy)
Article 90 A juristic act with any purpose which is against public
policy is void.
(Manifestation of Intention Inconsistent with Default Rules)
Article 91 If any party to a juristic act manifests any intention which is inconsistent with aprovision in any laws and regulations not related to public policy, such intention shall prevail.

(Custom Inconsistent with Default Rules)
Article 92 In cases there is any custom which is inconsistent with a provision in any law or regulation
not related to public policy, if it is found that any party to a juristic act has the intention to abide by suchcustom, such custom shall prevail.
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Article 86 Land and any fixtures thereto are regarded as real estate.
(2) Any Thing which is not real estate is regarded as movable.
(Requirements of Perfection of Changes in Real Rights concerning Immovable properties)
Article 177 Acquisitions of, losses of and changes in real rights concerning immovable
properties may not be asserted against third parties, unless the same are registered pursuant tothe applicable provisions of the Real Estate Registration Act (Act No. 123 of 2004) and otherlaws regarding registration.

□ [ Real Right ] §175－（□

Possessory Right §180－）□

Ownership§206－(Content of Ownership)
Article 206 An owner has the rights to freely use, obtain profit from and dispose of the Thing
owned, subject to the restrictions prescribed by laws and regulations.
(Use of property in co-ownership )Article 249 Each co-owner may use the entire property in co-ownership in proportion to his/hershare.
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□Superficies §265－(Content of Superficies)
Article 265 A superficiary shall have the right to use the land of others in order to own structures,or trees or bamboo, on that land.

□Servitude§280－(Content of Servitudes)
Article 280 A person entitled to a servitude shall have the right to make lands of others
available for the benefit of their own lands in accordance with purposes prescribed in the acts
establishing the servitudes; provided, however, that those rights should not violate theprovisions (limited to those that relate to public policy) under Section 1 of Chapter III (Extent ofOwnership).

□ Security Interest ]□ Mortgage §369－(Content of Mortgages)
Article 369 A Mortgagee shall have the right to receive the performance of his/her claim prior
to other obligees out of the immovable properties that the obligor or a third party provided tosecure the obligation without transferring possession.
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□ Claim §399－(Damages due to Default)

Article 415 If an obligor fails to perform consistent with the purpose of its obligation, the obligee shallbe entitled to demand damages arising from such failure. The same shall apply in cases it has become
impossible to perform due to reasons attributable to the obligor.
(Scope of Damages)
Article 416 The purpose of the demand for the damages for failure to perform an obligation shall be
to demand the compensation for damages which would ordinarily arise from such failure.
(2) The obligee may also demand the compensation for damages which arise from any special
circumstances if the party did foresee, or should have foreseen, such circumstances.

□ Contract §521－□

Sale §555－(Sale)

Article 555 A sale shall become effective when one of the parties promises to transfer a certain real
rights to the other party and the other party promises to pay the purchase money for it.

□

Lease §601－(Leases)
Article 601 A lease shall become effective when one of the parties promises to make a certain
Thing available for the using and taking the profits by the other party and the other party promises topay rent for the same.

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□ Management of Absentee Property(Administration of Absentee Property)

Article 25 (1) In cases any person who has left his/her domicile or residence (hereinafter referred
to as "absentee") did not appoint an administrator of his/her property (hereinafter in this Sectionreferred to simply as "administrator"), the family court may, at the request of any interested person
or a public prosecutor, issue an order for necessary actions for the administration of such property.
The same shall apply in cases the authority of the administrator ceases to exist during the absenceof the absentee.

□ Adjudication of Disappearance(Adjudication of Disappearance)
Article 30 (1) If it is not clear whether the absentee is dead or alive for 7 years, the family court
may make the adjudication of disappearance at the request of any interested person.
(2) The procedure of the preceding paragraph shall likewise apply with respect to any person who
was engaged in any war zone, was aboard any vessel which later sank, or was otherwise exposed
to any danger which could be the cause of death, if it is not clear whether such person is dead or
alive for one year after the end of the war, after the sinking of the vessel, or after the termination ofsuch other danger, as the case may be.
(Effect of Adjudication of Disappearance)
Article 31 Any person who has become the subject of the adjudication of disappearance pursuant
to the provision of paragraph 1 of the preceding Article is deemed to have died upon elapse of theperiod set forth in such paragraph, and a person who is the subject of the adjudication ofdisappearance pursuant to the provision of paragraph 2 of the same Article is deemed to havedied upon the termination of such danger.

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□ Deposit(Deposit)
Article 494 If an obligee refuses, or is unable, to accept the performance, the person who can makethe performance (hereinafter in this Division referred to as the "performer") may be relieved from
his/her obligation by depositing the subject-matter of the performance with an official depository. The
same shall apply in cases the performer is unable to ascertain the obligee without any negligence on
the part of the performer.
(Method of Deposit)
Article 495 (1) The deposit pursuant to the provision of the preceding Article must be made withthe official depository having jurisdiction over the district where the relevant obligation must be
performed.

□ Enforcement of Performance(Enforcement of Performance)

Article 414 If an obligor voluntarily fails to perform any obligation, the obligee may request theenforcement of specific performance from the court; provided, however, that, this shall not apply to thecases where the nature of the obligation does not permit such enforcement.
(2) In cases the nature of the obligation does not permit the enforcement of the specific performance, if it
is an obligation for an act, the obligee may request the court to cause a third party to perform such act at
the expense of the obligor; provided, however, that with respect to any obligation for any juristic act, themanifestation of intention of the obligor may be achieved by a judgment.
(4) The provisions of the preceding three paragraphs shall not preclude demanding damages.

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□

Tort
(Damages in Torts)
Article 709 A person who has intentionally or negligently infringed any right of others, or legally
protected interest of others, shall be liable to compensate any damages resulting in consequence.

(Compensation for Damages Other than Property)
Article 710 Persons liable for damages under the provisions of the preceding Article must also
compensate for damages other than those to property, regardless of whether the body, liberty or
reputation of others have been infringed, or property rights of others have been infringed.

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APPENDIX 3

Provisions on Life Rebuilding Measures□“On Enforcement of The Guideline of Standard for Compensation for Loss
Caused by Acquisition of Land for Public Use”(1962 Cabinet agreement)

If necessary ,Project Authority shall make an effort to take the following
measures for Life Rebuilding
・Mediation of acquisition of land or building
・Introduction or the guidance of the occupation□

The Guideline of Standard for Compensation for Loss Caused by Acquisition ofLand for Public Use(1962 Cabinet Decision)◆§45 (Compensation for Remaining Residents)
If there is reason to believe that use of the land subject to theacquisition or use of land and others for the project isolates persons
from their own community, causing a significant loss to thembeyond an acceptable level , compensation shall be made to thepersons , upon their request, at an amount considered reasonableaccording to conditions peculiar to each person.

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◆ §46(Compensation for Unemployed Persons)
If there is a reason to believe that the use of the land subject to theacquisition or use of land and others causes a persons employed by theholder of title, right or interest in the land and others to lose his job, andthat the person cannot earn income until he finds other job, compensation
shall be made to the person, upon his request, at an amount that is
considered reasonable within the limit equivalent to the previous wage, forthe period which is normally required for job finding.

□ Revision of “Land Expropriation Act”in2001
In 2001, Article 139-2 (Life Rebuilding Measures ) is added by thePartial revision of Land Expropriation Act (Act No.103 of 2001).
Under some requirements by this Article, Project Authority shallmake an effort to mediate the following measures for Life
Rebuilding to the person who comes to lose base of life by offering
land for project .
– Acquisition of Land ,Acquisition of Building,Introduction , Guidance or Training of Occupation .
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