Comparison of legal basis for implementation of work under the land improvement law (LIL) and under the land readjustment law (LRL): Concerning implementation of work on land without the owner's consent

• Published in: Transactions of The Japanese Society of Irrigation, Drainage and Reclamation Engineering Vol. 1999; no. 200; pp. 189 - 197,a1
• Main Author: Morita, M. (Japan Land and Water Association, Tokyo)
• Format: Journal Article
• Language: Japanese
• Published: The Japanese Society of Irrigation, Drainage and Rural Engineering 25.04.1999
• Subjects: AMELIORATION FONCIERE; Article 123-2 of the LIL; Article 80 of the LRL; CONCENTRACION PARCELARIA; Implementation of work; LAND CONSOLIDATION; LAND IMPROVEMENT; LAND OWNERSHIP; LEGISLACION; LEGISLATION; MEJORA DE LA TIERRA; PROPIEDAD DE LA TIERRA; PROPRIETE FONCIERE; REMEMBREMENT; Work initiation procedures
• ISSN: 0387-2335; 1884-7234
• DOI: 10.11408/jsidre1965.1999.189

For land improvement project-related work, in the case where legal procedures for the initiation of such work have been performed as stipulated under the LIL, such work may be performed even on the land of persons who are not in agreement with the performance of such work. Therefore, there is no question of either civil or criminal liabilities in cases where such work has actually been performed. According to the LRL, in regards to the performance of land readjustment-related work without having obtained the consent of owners or possessors, it is necessary to perform such work on the basis of Article 80 of the LRL. Thus there is a need for first obtaining, through a designation of replotting, etc., a suspension of usage and profiting in regards to the land which is to be the subject of such work. Although the text of Article 123-2 of the LIL is almost identical to the stipulations of Article 80 of the LRL, the legal purposes, spirit, objects, and legal constructions, etc., of these two laws are in fact different. Therefore, the legal basis for implementation of work under the LIL should not be understand as being the same as that for implementation of work under the LRL