道路用地の収用と執行停止--圏央道あきる野IC収用執行停止決定を中心として (特集1:道路整備と住民合意)

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概要

• 論文の詳細を見る

• Recently, the suspension of execution of the expropriation of sites for Kenoudou was decided by Tokyo District Court. In principle, the institution of action against the project authorization or the expropriation adjudication on the Land Expropriation Law does not stop the execution. It is necessary to state the suspension of execution by Article 25 of Administrative Litigation Law. This decision of Tokyo District Court was noteworthy, since suspension of execution of expropriation had been hardly accepted until now. It was based on the reasons that the execution may force a considerable mental and corporal damage, since the plaintiffs lose the living environment which have got used until now, and that this damage will be regarded "Damage with difficult recovery". "Damage with difficult recovery" was changed into "serious damage" in 2004 by new Article 25, so suspension of execution will be wildly accepted from now on. Considering that the effect of suspension of execution in the phase of expropriation may be important, we should search for the possibility of the dispute settlement by lawsuit in an early stage on the whole plan. We must emphasize the necessity of setting the each stage of process clearly on a legal system together with PI.

• 社団法人 日本不動産学会の論文

著者

• 小幡 純子

  上智大学

関連論文

• 道路用地の収用と執行停止--圏央道あきる野IC収用執行停止決定を中心として (特集1:道路整備と住民合意)

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