日本財団 図書館


 

aerodrome provider and are planned for removal before the scheduled date of activation.

 

2. The aerodrome provider may request the owner or any other person who has the title thereof to remove such structures (including plants protruding above the approach surface, transitional surface or horizontal surface) that have been installed, planted or left in violation of the provisions under the preceding paragraph.

 

3. The aerodrome provider may request the owner or any other person who has the title to the structures, which protrude above the approach surface, transitional surface or horizontal surface, existing at the time of issuing a notification under paragraph 1 (including plants existent at the time of notification under the same paragraph having grown to protrude above the approach surface, transitional surface or horizontal surface or structures existent at the time of notification under the same paragraph having been built to protrude above the surfaces) to eliminate such part of the structures which protrude above the approach surface, transitional surface or horizontal surface with compensation for losses which may be caused under normal conditions in accordance with the provisions in a Cabinet Order.

 

4. The owner of the structures or land on which the said structures exist under the preceding paragraph may request the aerodrome provider to purchase the structures or the land concerned in accordance with the provisions of a Cabinet Order, if, by removing the structures under the same paragraph, extreme difficulty will be encountered regarding the structures or the land with respect to the purposes for which they had hitherto been utilized.

 

5. The reparation sum under paragraph 3 and the conditions of the purchase, price and other items under the preceding paragraph shall be determined through consultations between the parties concerned. The Minister of Transport shall arbitrate if consultations are unsuccessful for an agreement or if parties are unable to convene for the said consultations.

 

6. Any person who is dissatisfied with the reparation sum and/or the purchase price determined under the precincts of the preceding paragraph may litigate a claim to increase or to decrease the amount thereof within three months from the day of receiving the notification of the decision.

 

7. The aerodrome provider or the owner of the structures or land or any other person who has title may be the defendant in case of litigation under the preceding paragraph.

 

 

 

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