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The difficulty of purchasing residential accommodation caused by the
suddenrise in land prices a few years ago, and the serious problems of
increased feelmgs of social inequality led to the followmg recognition;
"In a small country such as Japan, land is a limited resource and a basic
necessity of life that is common to all the people,Thus the use of land enters
the public domain and as such is subject to public restrictions". Some
people have begun to believe it is necessary that this perspective be
established as a principle for all citizens in orderto solve lhe land problems.
The Basic Land Act which incorporates these ideas can be regarded as a
constitution for land and property issues, prescribing basic laws. Central
Government, 1ocal authorities, business and the general population need to
understand, toobserve as ashared obligation,and to respect this Actmorderto
solve the land problems and, to make an afHuent and comfortable society in
which to reside.
The Basic Land Act was promulgated and put mto force on22 December 1989. It is
unlike normal laws which restrict mdividual rights or lmpose regulations,but
is known as a proclamation law, stipulating abstract ideas, including basic
concepts. In this more 'philosophical' sense, it is a superior law to other
land and property related laws.
The legislature and the administration are comprehensively revising related
laws and systems,enforcing each sectoral policy and developing and promoting
integrated land policy.
The Basic Land Act clarified fundamental ideas about land andproperty, laying
down the obligations of Central Government, local authorities, business
enterprises and the general population, and prescribes the basic rules
concernmg land and property.
This report focuses on four fundamental ideas, which from the principles of the
Basic Land Act.
1. The Priority of Social Welfare in Land Use
Public benefits are to be given priority over the use of land when it is in the
public interest, i.e. when 1) land is a limited and precious resource for the
public,2) it is a necessary resource for living and economic activities,3) its
use is closely related to other use of land and property, and 4) its value
fluctuates according to conditions of the infrastructure, such as
transportation, or other socio-economic factors.
In Japan, property rights are guaranteed under Sub-Article 1, Article29 of the
Constitution and in Sub-Article2 it is prescribed that the restrictions can be
imposed on specific property rights m the interests ofpublic welfare However,the
Basic Land Act more clearly clarifies the restrictions of property rights on
land for the purpose of social welfare originally laid down in Article 1 of the
Civil Code.
2. Compliance with Urban Plannmg
Land must be used properly according to the various environmental, social,economic
and cultural conditions in each area. It must also comply with land use
planning which was established to maintain a reasonable and rational use of
land.
In Japan, at present the ownership of land is deemed as a prime asset, due to
the fact the owner has the sole right to decide what to do with his/her land,
for instance utilizing or leaving land unused・ However, it should not be
permitted to leave a site of land in a central urban area unused for a 1ong
period of time,Land must be properly utilized and must be planned in harmony
with the various conditions m the area.
3. Control of Speculative Development
Speculative development can be defined as the purchase and disposal of land and
property to resell it in the future to make a profit, though potential capital
gams will be realized during the time of holding.
Speculative development should notbe permitted because it causes land prices to
inflate higher than their actual value. This contravenes the role of land and
property to enhancesocial welfare.
4. Burden of Plannmg Gain
Owners will be taxed if the value of their land has increased as a result of
changes in the socio-economic conditions of the area.
For example, when land values rise because of the provision of a new road or
railway station in the neighborhood, the increase ofvalue is not the result of
the owner's effort but was brought about by external causes、 In order to
mamtain impartiality among people, an appropriate tax burden should be imposed
on the land owner, as clarified in the Basic Land Act.
Thus the Basic Land Act prescribes that Central Government, 1ocal authorities,businesses,
and the general population must co-operate with these fundamental prmciples.
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