Procedure for land expropriation?

What the Law Says

The Land Expropriation Act governs all compulsory acquisition of land for public purposes in Japan. It sets out mandatory conditions, procedural steps, and safeguards for landowners.

Expropriation is only permitted for projects defined as serving a 'public purpose' under Article 3 of the Land Expropriation Act — such as roads, railways, schools, or disaster prevention facilities.

Before expropriation, the implementing authority must file an application with the Prefectural Expropriation Committee, publish notice, and hold a public hearing after giving landowners at least 30 days’ written notice.

Compensation must be determined based on market value, and the full amount must be paid within six months of the expropriation decision. If immediate payment isn’t possible, at least 50% must be deposited with the Legal Affairs Bureau before possession begins.

The right to expropriate expires 10 years after the project’s public purpose is officially certified — unless construction has started or a valid extension is granted.

Statutory Text

Expropriation of land may be effected only for the purpose of promoting the public welfare, such as the construction of roads, railways, rivers, ports, airports, schools, hospitals, housing for low-income persons, and facilities for disaster prevention.

— Land Expropriation Act, Art. 3 — Purpose of Expropriation

Statutory Text

The implementing administrative agency shall deposit not less than one-half of the amount of compensation determined… prior to taking possession of the land.

— Land Expropriation Act, Art. 79 — Deposit of Compensation

Statutory Text

The decision on expropriation shall lose effect if the project for which the expropriation was approved is not commenced within ten years from the date of certification of public purpose.

— Land Expropriation Act, Art. 102 — Period of Validity of Decision

What to Do

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