About "special measures law about facilitation of the use of land of unknown owner"
By attenuations of possession consciousness of land which assumed population movement from drop and district of use of land needs accompanied with progress of population decline, aging to cities background, owner ignorance land (※ 1) increased nationwide and, in various scenes such as promotion of public works project, needed great cost for identification of owner, and we set about development of basic policy by the Minister of Land, Infrastructure and Transport and the Minister of Justice to plan effective search of facilitation of the use of owner ignorance land and landowner and took special measures of exception of the Compulsory Purchase of Land Act (1951 law No. 219) about measures for conduct of area public welfare increase business, owner ignorance land expropriation or use, use of information about landowners and offer and others, and "special measures law about facilitation of the use of owner ignorance land" (we say law No. 49, the following, "the Land Law of unknown owner" in 2018.) was promulgated for the purpose of having, and contributing to the appropriate and rational use of country on June 13, 2018 by it being big trouble to smooth business operation.
(※ 1) Land of unknown owner
One parcel of land (Land Law Article 2 Paragraph 1 of unknown owner) which cannot ascertain all or a part of the still owner even if we search by method to set by cabinet ordinance as thing admitted that reasonable diligence was paid
Summary of the Land Law of unknown owner
Mechanism (the June 1, 2019 enforcement) which uses land of unknown 1 owner smoothly
About land (land which is not offered in special use of business and others of duties without, in fact, building (small building (※ 2) of simple structure being excluded, and) keeping among land of unknown owner and) of unknown authorized owner, the following structure is built.
(※ 2) Small building of simple structure
Is similar to storeroom, work hut or these, and building number of floors with 1 (one-story house) with floor space less than 20 square meters
(Land Law enforcement order Article 2 Paragraph 1, Paragraph 2 of unknown owner)
1.The foundation (setting of the right to use) of local welfare work
By decision by prefectural governors, we set the right to use on land of unknown authorized owner and, as park, open space, disaster prevention vacant land with publicity, are temporary
Use of na is enabled.
・ Upper limit ten years, extension application is possible
We can use country, local public entity and private business person, NPO group as company.
Requirements of use of system
It is limited to business about maintenance of park, open space, disaster prevention vacant land to fix for law.
It is limited to the temporary use. Construction such as large-scale facilities is inapplicable.
Some or all of landowner is unclear, and building do not exist.
・ (※ 2) such as small storerooms is possible
There do not be rightful claimant against business.
・ When there is proposal of objection, decision application is rejected
Company deposits compensation money of the land rent equivalency and grinds restitutio in integrum after use.
In the company, securing of fund and organization where we can just make performance of business and restitutio in integrum after business into find the staff.
We collect according to estimated cost (the land rent equivalency) of compensation money (Saga fee by-law Article 2 separate table first 377-2)
・For more details, please see the following brochure.
2.Exception (the acquisition such as proprietary rights) of the Compulsory Purchase of Land Act
Place that promoter of work expropriates from about land of unknown identification owner pertaining to business that received authorization (business authorization) about utility based on the Compulsory Purchase of Land Act or is going to use
If, in substitution for go, decision of expropriation Committee, it is possible to acquire title to land or the right to use without as prefectural governors deciding, passing through trial procedure for expropriation Committee
It becomes, and speedup of procedure is anticipated.
Structure (the November 15, 2018 enforcement) which rationalizes search of 2 owners
In the land, it is the use of rightful claimant related information and offer
System that was available to administrations was founded about necessary public information (property tax cadaster, land ownership questionnaire) for search of landowner.
2.Exceptions of Immovable Property Registration Law pertaining to unfinished land such as the long-term inheritance registration
About land where the inheritance registration is not made for a long term, system that it is possible for to record in register that registrar is unfinished land such as the long-term inheritance registration is foundation sarema
Structure (the November 15, 2018 enforcement) which manages land of unknown 3 owners appropriately
System that the head of local public entity can request election of steward from family court when it is necessary for appropriate management of land of unknown owner in particular and does is the foundation
We were done.
About recent approach about land problems of unknown owner (the Ministry of Land, Infrastructure, Transport and Tourism homepage) (external link)