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- A Study on Land Condemnation and Compensation in Japan -

  • Public Land Law Review
  • Abbr : KPLLR
  • 2010, 49(), pp.89-110
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

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ABSTRACT

Article 29, Paragraph 1 of the Constitution of Japan provides that ‘private property shall not be violated,’ which guarantees private property, and condemnation thereof for public needs shall be permit under just compensation therefor(Article 29, Paragraph 3). Under Article 29, Paragraph 3 of the Constitution, the Land Expropriation Act(LPA) was enacted in 1951 as a general statute concerning compulsory acquisition of land for public purpose. A project initiator may have the legal ability to acquire land compulsorily which encompassed in his or her contemplated public project, that is enumerated in the LEA(Art 3) and should take the recognition of project whether his or her contemplated project might be for public purpose or not. Although the project initiator has finished preparation for it, he or she should begin to negotiate with landowners and interested parties as to land acquisition and compensation. With respect to compensation concerned private property, in order to be full compensation in land acquisition practices, the Japanese Cabinet decided on The Guideline of Standard for Compensation for Loss caused by Acquistion of Land for Public Use(Cabinet Decision, June 29, 1962). The guideline is mainly aimed at applications for land acquisition by agreement and to provide comprehensive requisites for compensation, thereby ensuring smooth implementation of the public project and appropriate compensation. If the project initiator fails to enter into a contract with landowners and interested parties, he or she shall submit a written application for recognition of the project contemplated. After the recognition of the project, the project initiator may apply to the expropriation committee for a ruling concerning expropriation. Just compensation is the system for compensation for loss of property in its sacrifice for public use under the idea of equal social burden. In this regard, just compensation provided in Article 29, Paragraph 3 of the Constitution should be “full compensation”, which means the objective value of the acquired property(fair market value). Under LEA, compensation for loss should be full compensation, that is, the property value of an aggrieved person does not change before and after condemnation, and the amount should be sufficient enough to acquire alternative land nearby which is equivalent the land taken.

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