1919年都市計画法における建築敷地造成土地区画整理制度の成立に関する研究

概要

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The Town Plannnig Act of 1919 had provided Land Readjustment system for sites adjacent to public facilities, by name of "Kenchikusikichi-zousei Tochikukaku-seiri" or a sort of "excess condemnation", which was legitimated in the Article 16 Clause 2 of this Act and Article 22 of it's enforcement order. But this system had been employed only in a few cases through 1919 to 1945. This article inquires that reason by tracing the formative process of this system around 1919 and comes to the conclusion as follows : 1) Requirement of introduction of this system had aimed to improve built-up area. But the method of Land Readjustment of this system limitted to be used in the urbanizing area. So it was diffcult to apply this system to the buit-up area. 2) The government had introduced the article, which had stipulated the current price disposition of improved land. But this article had been omitted by the opposition from Committee members. Because the Committee disputed the relief of land owners and housig holders for proceeding of projects. For whom lost his original holdings by the condemnation, the Committee decided to provide preferentially improved land. However, the omission of the article about current price disposition made doubtful who should gain the development value. It was essential to employ excess condemnation.
社団法人日本建築学会の論文
1990-02-28