東京市区改正土地建物処分規則の成立について

抄録

Under the 1889 Order on Acquisition and Disposal of Land and Building the Governor of Tokyo could purchase remnants and in some cases the contigious lot of its as well. These were advanced provisions in Japanese city planning method and technique, an expropriation of the remnants and a sort of Expropriation par zone or Excess condemnation. The authors trace formation process of the 1889 Order and clarifies background of the provisions through the minutes of senate or Genro-in. Contents of the article are as follows : 1) The main dispute point in senate was how the Government purchased and decided a taking price of land. The senators who represented landowners claimed the draft and eliminating the application of an old fashioned method of price decision. 2) The building permission provision was remarkable to announce the projects to the public. 3) The above-mentioned advanced provisions had not been stated on the draft. But an expropriation of the remnants was introduced by some senators and followed the 1852 decret for Paris street improvement, which had legitimated the projects of expropriation par zone by Napoleon III and G. E. Haussmann. 4) And the 1852 decret seemed to have been carried out to gain development value, but the 1889 Order aimed only to arrange lots facing improved street.