3.
If there arises any need for using the ordinary property currently leased to a private person for governmental or public purposes of the State, local public bodies or other public organizations before the expiration of the term of lease, the chief executive may terminate such lease contract.
4.
If a lease contract is terminated under the preceding paragraph, the lessee may claim indemnity for any loss incurred therefrom.
5.
In cases where the chief executive has leased ordinary property by prescribing the purpose of its use as well as the date and duration of such use, he/she may terminate such lease contract if the lessee fails to put it to such use before the prescribed date or disuses it before the end of the prescribed duration even if he/she puts it to such use once.
6.
The provisions of paragraphs 3 and 4 shall apply mutatis mutandis where the use of ordinary property is permitted in any mariner other than a lease; the provisions of the preceding paragraph shall apply mutatis mutandis where ordinary property is sold or granted.
7.
The provisions of paragraphs 3 through 5 shall apply mutatis mutandis to any land (including any fixture) belonging to ordinary property which has been left in trust.
8.
Except as prescribed in paragraph 6, necessary matters related to the sale or exchange of ordinary property shall be specified in a cabinet order.
(Customary Use)
Article 238-6.
Customary rights of any particular inhabitant or inhabitants to the use of public property of cities, towns or villages shall be regulated in accordance with such custom. Such custom will not be tampered with except upon resolution of the assembly of cities, towns or villages.
2.
If a person wishes to join in the use of such public property, the mayor of the city, town or village may authorize it upon resolution of the assembly.
(Complaint)
Article 238-7.
Any person dissatisfied with an action of the chief executive upon the right to use administrative property under Article 238-4 may appeal to the Minister of Home Affairs (if the action is of the governor of To, Do, Fu or Ken) or to the governor of To, Do, Fu or Ken (if the action is of the mayor of cities, towns or villages). He/She may also take exception to such action.
2.
Any person dissatisfied with an action of a commission upon the right to use administrative property under Article 238-4 may appeal to the chief executive.
