Certification requirements for expropriation?

What the Law Says

The Land Expropriation Act sets out strict procedural and substantive requirements for certifying expropriation in Japan.

Expropriation of private land in Japan is permitted only when necessary for public projects such as roads, railways, or disaster prevention facilities. The process begins with official project approval and culminates in formal certification by the competent authority.

Certification must be issued by the national government (e.g., Minister of Land, Infrastructure, Transport and Tourism) or a prefectural governor, depending on the project’s scope and administering authority.

Before certification, the authority must confirm that the project serves a legitimate public purpose, that no reasonable alternative exists, and that fair compensation will be provided. Affected landowners must be notified at least 30 days before certification takes effect.

Statutory Text

Where a project falls under the category of public works prescribed by Cabinet Order, the competent administrative authority shall issue a certification of expropriation after confirming necessity and public interest.

— Land Expropriation Act, Art. 20 — Certification of Expropriation

Statutory Text

The certification shall be publicly announced and delivered to interested parties at least thirty days prior to its effective date.

— Land Expropriation Act, Art. 21 — Notice of Certification

What to Do

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