The customary drainage-right in the land reclaimed from the Inland Sea

Research Project

Project/Area Number	63520002
Research Category	Grant-in-Aid for General Scientific Research (C)
Allocation Type	Single-year Grants
Research Field	Fundamental law
Research Institution	HIROSHIMA UNIVERSITY
Principal Investigator	ITOH Moriya HIROSHIMA UNIVERSITY, FACULTY OF INTEGRATED ARTS AND SCIENCES, Professor, 総合科学部, 教授 (80034594)
Project Period (FY)	1988 – 1989
Project Status	Completed (Fiscal Year 1989)
Budget Amount *help	¥1,400,000 (Direct Cost: ¥1,400,000) Fiscal Year 1989: ¥500,000 (Direct Cost: ¥500,000) Fiscal Year 1988: ¥900,000 (Direct Cost: ¥900,000)
Keywords	Reclamation Act / Land Reclamation / below - sea - level area / Customary Right of Drainage / 排水権 / 習慣排水者 / 慣習引水者 / 埋立地 / 排水区 / ゼロメートル地帯 / 慣習法
Research Abstract	In various districts of the Western Japan, especially in the Inland Sea of Japan ( "SETONAIKAI" ), ISE-BAY and ARIAKE-YATUSHIRO-BAY there are the lands reclaimed from the Sea by drainage. The reclaimed land is, needless to say, a below-sea-level area, therefore the function of drainage is indispensable for its existence. This study shows that the drainage custom is necessarily formed in the reclaimed land, it comes under the protection of the statute ( Reclamation Act - "customary right of drainage" ), and this right has changed its character --- from community, property right to individual, the right to live --- in accordance with the conversion of Land - Use --- from agricultural to urban --- of the reclaimed land.