Outline of the Land
Expropriation Proceedings

Expropriation Commission
Tokyo Metropolitan Government

Table of Contents
Explanation of the major terms……………………………………………………………………………………………………………………………… 3❶●

Expropriation and Compensation

5❷●

Expropriation Commission

5❸●

Parties to the Expropriation Proceedings

5❹●

Flow of the Expropriation Proceedings

6❺●

Flow of the Expropriation Proceedings as a Whole

6

Project Recognition…………………………………………………………………………………………………………………… 6
Drawing Statements………………………………………………………………………………………………………………… 7
Application for Determination on Expropriation
and Petition for Determination on Vacation……………………………………………………………… 7
Acceptance of Application for Determination,
and Public Notice and Inspection Thereof…………………………………………………………………… 9
Decision to Commence Determination Proceedings,
and Registration of Commencement of Proceedings……………………………………… 10
Trial…………………………………………………………………………………………………………………………………………………… 10
Settlement…………………………………………………………………………………………………………………………………… 11
Determination…………………………………………………………………………………………………………………………… 11❻●

Proceedings for Determination on Expropriation(Especially For Right Holders)

1
●

13

❼
●

Compensation

15

Compensation for Land………………………………………………………………………………………………… 15Compensation for loss of land…………………………………………………………………………………… 15Compensation for the loss of rights such as land leasehold, etc..……… 16Compensation for the remaining land…………………………………………………………………… 16Compensation for vacation………………………………………………………………………………………… 17Compensation for removal expenses……………………………………………………………………… 17Compensation for ordinary loss………………………………………………………………………………… 18❽●

If You Have Objection to Determination

19

❾
●

Special Proceedings Available Without Application for Determination

20

Confirmation of Agreement……………………………………………………………………………………………… 20
Mediation and Arbitration………………………………………………………………………………………………… 20
Procedural Flow (for reference)…………………………………………………………………………………………………………………………… 21

2●

You may have seen or heard the word “expropriation,” butmost people might not know much about how expropriation is
actually carried out.
We have created this pamphlet with the hope that it will
be of some help for people who happen to be involved in
expropriation proceedings which they might not be so familiar
with.

Explanation of the major terms

Expropriation

A public act of directly taking an individual’s property right for the purposeof a specific public works project (a project that serves the public interest),
even without the consent of the individual who holds said right, upon justcompensation. While the Land Expropriation Act provides for rules regarding
the expropriation of rights and buildings, for its intended purpose, thispamphlet focuses only on the expropriation of land.

Use

An act of creating a right of use on land, etc., which is carried out in almost
the same proceedings as expropriation and which is therefore not addressedin this pamphlet.

Project Initiator

A person who undertakes any of the public works projects listed in theLand Expropriation Act, such as constructing roads or parks.

Landowner

Interested party

A person who owns the land subject to expropriation.

A party who holds rights other than landownership in relation to the land
to be expropriated or property existing thereon, such as a land leaseholder
and a building lessee.
* In this pamphlet, both the landowner and interested parties are collectively
referred to as “right holders.”

3●Project Recognition

An act of the project recognition authority (Minister of Land, Infrastructure,
Transport and Tourism, or prefectural governor) to approve a public works
project (e.g. constructing a road or park) as an appropriate project for which
land should be expropriated. Project recognition must be obtained prior to
expropriation.

City planning
project

A project for carrying out road or river development or urban
redevelopment under the City Planning Act. Permission or approval granted
under the City Planning Act can be deemed as a substitute for project
recognition granted under the Land Expropriation Act.

Public notice andinspection

Public notice is a measure taken by a municipality (including a special ward;
the same shall apply hereinafter) to make something known to the publicby posting a notice. Public inspection is a measure taken by a municipality
to disclose documents and other materials to the public so that anyone caninspect them.

Determination

A final decision made by the expropriation commission, which iscategorized as an administrative disposition.

4
●

1

Expropriation and Compensation

Article 29 of the Constitution guarantees the private ownership system while at the same time
providing that private property may be expropriated upon just compensation if it is necessary for
public use.
In accordance with these constitutional provisions, the Land Expropriation Act provides for theconditions and proceedings that must be met and performed in order to expropriate land without theright holders’ consent, as well as compensation for losses incurred from expropriation.

2

Expropriation Commission

An expropriation commission is an administrative commission set up in each prefecture under theLand Expropriation Act. It is vested with the power to make a determination from a fair and neutral
standpoint, with a view to balancing the public interest and the private ownership.
The commission is comprised of 7 members appointed by the prefectural governor with the consent
of the prefectural assembly, from among persons with experience and knowledge in legal, economic
or administrative affairs.
Despite their status as being appointed by the prefectural
governor, the commission members exercise their power
independently from the prefectural governor and any otherorgans.
* Articles 51 to 55 of the Land Expropriation Act

3

Parties to the Expropriation Proceedings

The parties involved in the expropriation proceedings
are the project initiator, the landowner, and any interested
party. The expropriation commission hears opinions fromthese parties in the capacity of a fair and neutral organ.

5
●

4

Flow of the Expropriation Proceedings

The expropriation proceedings are divided into two phases: (i) the “project recognition
proceedings,” which must be performed as the prerequisite for carrying out expropriation; and (ii) the“determination proceedings,” in which the expropriation commission makes a decision to commence
the proceedings upon an application for a determination, and makes a determination after hearing
opinions of the parties.
The flow of the expropriation proceedings as a whole is outlined in pages 6 to 12, and that of thedetermination proceedings is focused on in pages 13 and 14.

5

Flow of the Expropriation
Proceedings as a Whole

Project Recognition
In order to apply for a determination of the expropriationcommission, the project initiator must first obtain project
recognition.
In these proceedings, the project recognition authority(Minister of Land, Infrastructure, Transport and Tourism, orprefectural governor) assesses whether the project serves
the public interest.
Project recognition becomes effective as of the day on
which it is notified.
To ensure procedural transparency in the project
recognition proceedings, the project recognition authority
is in principle required to hold a public hearing and consult
with a third party body.

* Articles 16 to 26 of theLand Expropriation Act

Permission or approval of a city planning
project* Article 70 of the City Planning Act

Permission or approval granted with regard to a city
planning project is deemed as a substitute for project
recognition granted by the project recognition authority
mentioned above, and with such permission or approval,
a determination of the expropriation commission may be
applied for.

6●

Drawing Statements
As the prerequisite for applying for a determination,
the project initiator draws a land statement and property
statement, which basically need to be signed by the rightholders with their seals affixed thereon. If the right holders
have any objection to the content of the statements, they
may state it in the statements. In the absence of suchobjection, the content of the statements is presumed to betrue.
* Articles 36 to 38 of the Land Expropriation Act

Special provisions for the procedure fordrawing statements
If there are more than 100 persons who hold rights on theland subject to expropriation and whose estimated amount ofcompensation is not more than 10,000 yen, the project initiator may
give public notice of and make available for public inspection theland statement and property statement in the municipality where theland is located, instead of having these statements signed by all rightholders with their seals affixed thereon.
In this case, the right holders may submit an objection in writing to
the project initiator.

* Article 36-2 of the Land
Expropriation Act

Application for Determination on Expropriation andPetition for Determination on Vacation
The project initiator may file (i) an application for adetermination on expropriation to take landownership and(ii) a petition for a determination on vacation to demandthat land be vacated by removing the building, etc. thereon.
An application for a determination on expropriation shouldbe accompanied by the land statement, and a petition fora determination on vacation should be accompanied by theproperty statement. They may be filed simultaneously insome cases.
Upon filing an application or petition, the project initiatorshould pay the fees.

You’ve come to file an application
for a determination on
expropriation and a petition for adetermination on vacation, right?

Land

Yes

Building

Reception counter* Articles 39 and 47-3 of the Land Expropriation Act

7●

The landowner and any interested party for the land concerned are entitled to the following in
relation to the application for a determination on expropriation.

Request for application for a determination on
expropriation and request for payment

Requ
pay est forment

Project initiator
ap Reqde plica uest
te tio fo
rm n r
in of
at
io a
n

The landowner and any interested party in the land concerned(excluding a mortgagee, etc.) may request that the project initiator
apply for a determination on expropriation (request for application
for a determination on expropriation).
These persons may also request payment of compensation forthe loss of the land (request for payment).
If they request payment before the project initiator files anapplication for a determination on expropriation, they must makerequest for payment together with request for application for adetermination on expropriation.
When request for payment is made, the project initiator must
pay the estimated amount of compensation within 2 months.
However, if the commencement of the determination proceedings
is yet to be registered with regard to the land concerned, theproject initiator is allowed to pay compensation within 1 weekfrom the day on which such registration is made.
The landowner and any interested party do not have to pay
fees upon making a request for application for a determination on
expropriation or a request for payment.

Right holder* Articles 39, paragraph (2)and Articles 46-2 to 46-4 ofthe Land Expropriation Act

Petition for determination on vacationaorn f ionoitteti ina n
A p term catioed n vaoExpropriationcommission
Right holder

If an application for a determination
on expropriation has been filed with the
expropriation commission but a petition fora determination on vacation has not been
filed yet, the right holders may file a petition
for a determination on vacation with the
expropriation commission.

* Articles 47-2 and 47-3 of theLand Expropriation Act

8●

Acceptance of Application for Determination, and Public
Notice and Inspection Thereof
When an application for a determination on expropriation
or a petition for a determination on vacation is filed,the expropriation commission accepts it after examining
whether it meets the formality requirements.
Public notice is given to announce that the applicationor petition has been filed and accepted, and a copy of
the application or petition document is disclosed to the
public for 2 weeks from the date of public notice in themunicipality where the land concerned is located.
* Articles 42 and 47-4 of the Land Expropriation Act

Right to submit written opinions
The right holders may submit their written opinions to the expropriation commission. However,they may include in their opinions only such matters that fall within the scope of examination by thecommission, and any irrelevant matters such as an objection regarding the project recognition are
deemed not to be included in the opinions.
Matters that are considered to be relevant to the examination by the commission include: (i) the areaof the land to be expropriated or vacated, (ii) compensation for loss, and (iii) the time when the rightholders will be deprived of their rights or by when they are required to vacate the land.
Expropriationcommission

Right holders

Opinions* Article 43 of the Land
Expropriation Act

Right to request expropriation of the remaining land
If only a part of a land area is expropriated and it would be extremely difficult for the remaining landalone to fulfill the prior use of the land, the landowner may request in the written opinion that theremaining land be expropriated as well.

Request for expropriationof the remaining land
ExpropriatedlandRemaining
land

9
●

* Article 76 of the Land
Expropriation Act

After the expiration of the period of public noticeor inspection, the expropriation commission makes adecision to commence the determination proceedings
and gives public notice of this decision, and thentakes a step to register the commencement of theproceedings in the land registry.
Once such registration is made, any person
who acquires a right to the land, except for theright holder's heir, etc., may no longer assert thetransfer of the right against the project initiator. The
project initiator and the expropriation commission
will thereafter treat the persons who held rights
at the time of the registration as the parties to the
expropriation proceedings.

Registration

Decision to Commence Determination Proceedings, andRegistration of Commencement of Proceedings* Articles 45-2 and 45-3 of the Land
Expropriation Act

Trial
The expropriation commission holds a trial in orderto hear opinions from the parties with regard to thematters that are needed to be clarified for making adetermination.
The matters about which the parties are asked
at the trial include (i) the area of the land to be
expropriated or vacated, (ii) compensation for loss,and (iii) the time when the right holders will be
deprived of their rights or by when they are required
to vacate the land.
The parties are not allowed to state their opinions
at the trial with regard to such matters that do not fallwithin the scope of examination by the commission
such as an objection regarding the project recognition.
They may be restricted from stating the same opinions
as those they have previously stated.

Expropriationcommission

Project initiator

Right holders* Articles 62 to 65 of the Land
Expropriation Act

Specially appointed commission members* Article 60-2 of the Land
Expropriation Act

The expropriation commission may specially appoint
and authorize persons to perform its duties such as
conducting a field survey or a trial. The Tokyo Metropolitan
Expropriation Commission in principle has trials conductedby such specially appointed commission members.

10●Settlement
Even after an application for a determination on expropriation is filed, itwould be favorable for the parties to settle the dispute among them amicably.
To make an effective settlement, all parties must reach an agreement on thematters subject to a determination of the expropriation commission. If theyreach a settlement, they may request the expropriation commission to draw
a record of settlement. In some cases, the commission recommends that theparties try to reach a settlement.
When a settlement is reached, it has the same effect as a determination of
the expropriation commission.
* Article 50 of the Land Expropriation Act

Determination
After the trial, the expropriation commission conducts investigation and examination based on theopinions presented by the parties, and makes a determination and issues it in writing.
(1) 	Determination on acquisition of rights (in response to an application for a determination on
expropriation)		 The matters covered by this determination are (i) the area of the land to be expropriated, (ii)compensation for loss of the land, and (iii) the time when the right holders will be deprived of
their rights.
		 When this determination is made, the project initiator can acquire the ownership of the landby paying compensation to the right holders by the time of acquisition of rights.
(2) 	Determination on vacation (in response to a petition for adetermination on vacation)		 The matters covered by this determination include (i) thearea of the land to be vacated, (ii) compensation for loss
n
atio
min
from vacation, and (iii) the time by when the right holders areretDerequired to vacate the land.
		 When this determination is made, the project initiatorpays compensation by the time limit for vacation, by which
the right holders must remove their buildings and otherproperty on the land and vacate the land for the project
initiator.
*	T he expropriation proceedings are finished when both
determinations are made.
(3) Determination of dismissal		 An application for a determination on expropriation may
be dismissed if it is filed in violation of the provisions of theLand Expropriation Act.
* Articles 47, 47-2, 48, 49, and 66
of the Land Expropriation Act

11
●

of
ails t
t
e
D
righ
e
h
t

Right
holder* Article 48, paragraphs (4) and (5) of
the Land Expropriation Act

Determination involving unknown
matters
If the right holder cannot be ascertained or the details of
the right are not confirmed, a determination is made whileleaving these matters unknown. In this case, compensation
is deposited with the official depository.

Application for a determination under theRoad Act and other laws
In cases where a difference in height is created between
the site on which a house stands and the road in front of thesite due to a public works project and it makes it difficult toaccess the house, and the landowner is unable to reach an
agreement with the road administrator on compensation forloss from such diminished accessibility, the landowner may
apply to the expropriation commission for a determination
under the Road Act.
Other laws such as the Urban Renewal Act and the Land
Readjustment Act also provide for similar proceedings. Pleaserefer to the law that applies to your own case.
You may have to pay fees for filing an application underthese laws.

12●* Article 69 of the Road Act, etc.

6Proceedings for Determination on
Expropriation (Especially For Right Holders)Drawing of a land statement andproperty statement

Filing of an application for adetermination on expropriation ora petition for a determination onvacation

This is a preparatory step before filing an application for a determination on
expropriation or a petition for a determination on vacation.
The project initiator draws a land statement containing the results of thesurvey of the land, and draws a property statement containing the results ofthe survey of the property on the land.
The project initiator applies to the expropriation commission for adetermination.
An application for a determination on expropriation is filed to acquire thelandownership, together with the land statement attached thereto.
A petition for a determination on vacation is filed to request that the landbe vacated by removing the property thereon, together with the property
statement attached thereto.
When such application or petition is filed, public notice is given and theapplication or petition document is publicly disclosed (for 2 weeks from thedate of public notice) in the municipality where the land concerned is located.

Submission of written opinions

The right holders may submit their written opinions within the period of
public notice and inspection. The expropriation commission may also request
their opinions.

Decision to commence thedetermination proceedings, andregistration of the commencementof the proceedings

These are steps taken to determine the right holders.
When the expropriation commission makes a decision to commence thedetermination proceedings and this is registered in the land registry, theproject initiator and the commission will thereafter treat only the right holders
as of the time of registration as the parties to the expropriation proceedings(except in cases where inheritance took place).

Trial

Determination

The expropriation commission holds a trial in order to hear opinions fromthe parties as necessary for making a determination. The trial is basically open
to the public.
For the matters about which the parties are asked at the trial, please see“Trial” in Section 5.

After hearing opinions of the parties and conducing investigation andexamination as necessary, the expropriation commission makes a final
decision, which is referred to as a determination.
The commission makes a determination on acquisition of rights in
response to an application for a determination on expropriation, and makes
a determination on vacation in response to a petition for a determination onvacation.
13●

(Points That Right Holders Should Keep in Mind)

The project initiator would require the right holders to attend the process for drawing
statements and sign and affix their seals on the statements. You should confirm what is written
in the statements before signing and affixing your seal on them. If something in the statements
is not true to the facts, you may state your objection in the statements upon signing and affixing
your seal on them (for the exception to this procedure, please refer to “Special provisions for theprocedure for drawing statements” in Section 5).
Upon accepting an application for a determination on expropriation or a petition for adetermination on vacation, the expropriation commission notifies the right holders in writingof the fact that the application or petition has been filed, and of the municipality where theapplication or petition document will be publicly disclosed.
If you wish to check the content of the application or petition document, please visit themunicipality where it is disclosed, or make an inquiry to the secretariat of the expropriationcommission.
In some cases, the right holders may file an application for a determination on expropriation ora petition for a determination on vacation (for details, please refer to Section 5).
You may submit your written opinions in any document form, but you must enter the date andyour name and address in and affix your seal on the document. You may not include such mattersthat do not fall within the scope of examination by the commission such as an objection regarding
the project.
Your written opinion will make clear the points in dispute between you and the project initiator.
Please be sure to write your opinions as clearly as possible. If you find anything uncertain with thisprocedure, please make an inquiry to the secretariat of the expropriation commission.

*	Article 36 of the Land
Expropriation Act*	Articles 39, ff. of theLand Expropriation Act*	Articles 47-3 and47-4 of the Land
Expropriation Act*	Article 43 of the Land
Expropriation Act

If a part of a parcel of land is subject to expropriation, the project initiator first subdivides theparcel, and then the expropriation commission takes the step to register the commencement of
the determination proceedings with regard to the subdivided parcel subject to expropriation.
*	Articles 45-2 and45-3 of the Land
Expropriation Act
The expropriation commission notifies the right holders in writing of the date and place of thetrial. The commission will make a determination based on their opinions presented at the trial.
Please be sure to attend the trial and state your opinions.
If you intend to have your agent attend the trial, you should submit a power of attorney.
If a large number of right holders are involved in the case, they may appoint representatives (whoare authorized to exercise the entire power in relation to the trial) from among themselves.

*	Articles 46 and 62
to 65-2 of the Land
Expropriation Act

A determination is made in writing. The secretariat of the expropriation commission sends a
written determination to the parties.
A determination on acquisition of rights and a determination on vacation may be issued in one
document.
*	Articles 48, 49 and
66 of the Land
Expropriation Act
14
●

7

Compensation

The Land Expropriation Act allows the expropriation of land upon “just compensation.” Accordingly,
compensation is a material matter addressed in a determination of the expropriation commission.
Compensation for loss is in principle offered in cash and to each party individually. There are two
types of compensation: compensation for land and compensation for vacation.
The standards for compensation are specified by the Cabinet Order on Details, etc. under Article
88-2 of the Land Expropriation Act.

Compensation for Land
Compensation for loss of landThis compensation is offered as the value of the expropriated land, whichis calculated on the basis of the transaction price of similar types of land in
the neighboring area.
The calculation is made as of the date of notification of the project
recognition. The amount of compensation is calculated by multiplying theland price as of this base date by the revision rate corresponding to changesof prices up until the date of the determination.

* Article 71of the Land
ExpropriationAct

In the case of a city planning project* Article 71of the City
Planning Act

In fixing the base date of compensation for loss of land in relation to a city
planning project, the date of notification of the project permission or approval
under the City Planning Act is deemed to be the date of notification of the project
recognition under the Land Expropriation Act. However, since such project continues
for a long period of time, if 1 year has passed since the date of notification of
the project permission under the City Planning Act and no application for adetermination has been filed within this period, the day 1 year after the date of
notification of the project permission under the City Planning Act shall automaticallybe deemed to be the date of notification of the project recognition under the Land
Expropriation Act, and this will be repeated until the project period expires.

15●

Compensation for the loss of rights suchas land leasehold right, etc.

CompensatedLand
leaseholdright

Expropriation of land causes any rights on the land other than theownership, such as a land leasehold right, etc., to be extinguished.
Therefore, the loss of such rights is compensated, and compensation is
calculated while taking into consideration the transaction price of theright, the details of the contract, profitability, and other factors.
As it is difficult to estimate the value of a mortgage, etc. individually,
compensation for loss of the mortgage is usually included incompensation to be offered to the landowner who has established themortgage on the land.

Leasedland* Articles 69 and
71 of the Land
Expropriation
Act

Compensation for the remaining land
When only a part of a land is expropriated, there would be aremaining land. If the price of the remaining land declines and causes thelandowner to incur a loss, the difference from the initial price would becompensated.

Remainingland area

Expropriatedland area* Article 74of the Land
Expropriation
Act

Compensation in the form of substitute land
* Article 82of the Land
Expropriation
Act

The loss of land may be compensated for in kind, such as in the form of substituteland. However, this measure is taken only when there are special circumstances,such as that it is difficult to acquire alternative land by monetary compensation andthe landowner is unable to maintain the living conditions as before.

16●Compensation for vacation* The amount of compensation is decided on the basis of theprice as of the time of the determination on vacation.

Compensation for removal expenses
If a building or any other property stands on the expropriated land, expenses for removing
such property are usually compensated. The amount of removal expenses is calculated objectively
and reasonably, in consideration of the removal destination and method. The following types ofcompensation are available.
○	Compensation for removal of buildings: This is to cover expenses for removing a building. The
amount of this compensation is calculated in consideration of the destination of the removal(within or outside the initial premises) and the approved removal method (partial demolition,
conversion and rebuilding method, etc.).
○	Compensation for removal of structures: This is to cover expenses for removing a structureother than a building, such as a fence or a door of a gate. Any such structure that cannot be
removed is compensated by paying expenses for a new one.
○	Compensation for standing trees: This is to cover expenses for transplanting standing trees
such as those in a garden. If cutting down trees rather than transplanting them is consideredappropriate, expenses for cutting down trees are offered.
* Article 77 of the Land Expropriation Act

Rebuilding

TowingConversion

Partial Demolition

Partially
Demolished17●Compensation for ordinary loss

ABC

Moving Company* Article 88 of the Land
Expropriation Act

In addition to the above, compensation is offered to coverlosses that are objectively considered to ordinarily be incurredfrom the expropriation of land, such as the following.
○	Compensation for removal of movable property: This is tocover expenses for moving.
○	Compensation for the building lessee: When it is difficult
for the building lessee to maintain the lease contract withthe owner, the lessee is compensated for the necessary
expenses for leasing another equivalent building.
○	Compensation for suspension of business: This is to cover aloss in earnings caused during the period when the business
operations are suspended.
New
construction
or extension

Approved by
the prefectural
governor

Not
compensatedCompensated

Limitation to compensation for loss
Unless approved by the prefectural governor,
no compensation may be claimed for the loss ofa building, etc. constructed or extended after the
project recognition is granted.

18●* Article 89 of the Land
Expropriation Act

8

If You Have Objection to Determination

If you have any objection to a determination of the expropriation commission, you may file anaction or administrative appeal according to the types of cases shown below.
1. If you have an objection with regard to compensation for loss
○ Public law-related action(Article 133, paragraphs (2) and (3) of the Land Expropriation Act)		 You may file with the court an action with regard to compensation for loss within 6 months
from the day on which you received a service of an authenticated copy of the determination
document. The party who is to stand against you in this action is the project initiator.
2. If you have an objection with regard to matters other than compensation for loss
Request for Administrative review○	(Article 129, Article 130, paragraph (2), and Article 132, paragraph (2) of the Land Expropriation Act)		 You may file an administrative appeal (a request for administrative review) with the Ministerof Land, Infrastructure, Transport and Tourism within 30 days from the day following the day on
which you received a service of an authenticated copy of the determination document.
	* You may not file a request for an administrative review based on your objection tocompensation for loss.
Action for the judicial review of an administrative disposition○	(Article 133, paragraph (1) of the Land Expropriation Act)		 You may file with the court an action against the Tokyo Metropolitan Government to seek
revocation of a determination of the expropriation commission within 3 months from the day on
which you learned the fact that the determination had been made.
	* You may file this action irrespective of whether or not you have filed a request for an
administrative review in advance.

19
●

9

Special Proceedings Available Without
Application for Determination

Confirmation of Agreement
When the right holders and the project initiator reach an
agreement to sell the land by a private contract after the
project recognition was granted and before an application
for a determination is filed, such agreement is deemed tohave the same effect as a determination if it is confirmedby the expropriation commission. In order to obtain thisconfirmation, the project initiator should file an application
with the commission, with the consent of the right holders.

* Articles 116 to 121 of theLand Expropriation Act

Mediation and Arbitration
Both mediation and arbitration proceedings are provided
under the Land Expropriation Act, but unlike expropriation,
they are intended to be used to resolve a dispute over land
before project recognition is granted.
In mediation proceedings, the mediation committee
members appointed by the prefectural governor coordinate
the interests of the parties and encourage them to reach an
agreement.
Arbitration proceedings are carried out only with regard to
the matters concerning compensation and upon application
by both parties, with the aim of resolving their dispute. The
arbitration committee members appointed by the prefectural
governor make an arbitral award, which has the same effectas a final and binding judgment.
In the Tokyo Metropolitan Government, the Bureau of
Finance is in charge of these proceedings.

20●* Articles 15-2 and 15-3 ofthe Land Expropriation Act

Project recognition proceedings

Procedural Flow (for reference)
Landowner andinterested parties

Project initiator
Holding a prior explanatory
meeting for the project

Minister of Land, Infrastructure, Transport and Tourism,or prefectural governor
Holding a public
hearing

Filing an application
for project recognition

Consulting with athird party body

Taking publicity measures

Requesting a public hearing

Submitting written opinions

Granting project recognition andgiving notification thereof

Expropriation commission
Requesting application for adetermination on expropriation
Confirmation ofagreement

Determination Proceedings

Drawing a landstatement
Drawing a property
statement
Filing an application for adetermination on expropriation
Filing a petition for a determination on vacation

Accepting an application for adetermination on expropriation
Accepting a petition for adetermination on vacation

Filing a petition for adetermination on vacation

Giving public notice of and making
available for public inspection theapplication or petition document(in the municipality concerned)
Submitting written opinions
Making a decision to commence thedetermination proceedings andregistering the commencement of theproceedings

Stating opinions, etc.

Holding a trial
Making adeterminationof dismissal

Paying compensation

Substituteexecution byadministration

Signing and affixing a seal on
the statements
Stating objection in thestatements

If the land is notdelivered
Request for substituteexecution by administration

Reaching
a settlement

Making a determination on
acquisition of rights
Making a determination
on vacation

Prefectural governor
Substitute execution byadministration

21●

Stating opinions, etc.

Removing the property
Vacation of the landAccess Map

Juniso-Dori Ave.

Shinjuku
Central Park

Metropolitan
Expressway,
Shinjuku Ramp

Green
Tower

Shinjuku
Mitsui
Bldg.

Keio Plaza Hotel

Kogakuin
Univ.

Shinjuku
Center
Bldg.

u

Ome

Higashi-Dori Ave.

Keio N

Nomura
Bldg.

nouch

ad

o Ro

Kaid

Shinjuku
Monolith
Bldg.

Shinjuku
I-landTowereew LinShinjuku
Post
Office

Maru

u
Kosh

KDDI
Bldg.

Fureai-Dori Ave.

Gijido-Dori Ave.

Nish
Shinjuik

Shinjuku
Sumitomo
Bldg.

Road

Tokyo
Metropolitan
Assembly Bldg.

Tocho-Dori Ave.

Hilton Tokyoe

NS Bldg.

Hyatt Regency
Tokyo

Kaido

Tokyo
Metropolitan
Main Bldg. No.1

i Subway LinBunka
GakuenUniv.

Tokyo
Metropolitan
Main Bldg. No.2

Kita-Dori Ave.

Minami-Dori Ave.

Washington
Hotel

Tochomae
StationKoen-Dori Ave.

Oedo Subway Line
Shinjuku Station
Keio LineWest Exit

To Yoyogi

OdakyuHalc
Odakyu Line

South Exit
JR Line Shinjuku Station
Shinjuku Subway Line

East Exit

Shinjuku
Nishiguchi
StationTo Shin-Okubo

Secretariat to the Expropriation Commission of Tokyo Metropolitan Government
37F, South Tower of Tokyo Metropolitan Main Building. No.1
(Please use the elevator in orange color on the south side.)
Access by train:- Near Tochōmae Station, Oedo Subway Line
- About ten minutes on foot from Shinjuku Station, JR Line, Keio Line,
Odakyu Line, Marunouchi Subway Line, and Shinjuku Subway Line

Contact: General Affairs Section, Secretariat to the Expropriation
Commission of Tokyo Metropolitan Government

Tel: 03-5320-7054
Fax: 03-5388-1770
e-mail S9000002@section.metro.tokyo.jp
Edited and published by: General Affairs Section, Secretariat to the Expropriation Commission ofTokyo Metropolitan Government
Printed by: Tokyo Colony, Ota Factory
Published in February 2013 (Issue No. 5 of 2012)