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A Study on the Relocation Act in America

  • Korea Real Estate Review
  • 2005, 15(1), pp.25-44
  • Publisher : korea real estate research institute
  • Research Area : Social Science > Law > Law of Special Parts > Law of Real Estate

Hwanyong Choi 1

1한국법제연구원

ABSTRACT

This study are focused on examining compensation criterion for a rehabilitation of living loss and a countermeasure to move a settlement in America, aiming to give comparative suggestions to compensation criterions between Korea and America. When land is expropriated for the public works in America, Uniform Relocation Assistance and Real Property Acquisition Act of 1970 works for compensation criterion. It includes regulations of a countermeasure to move a settlement and a rehabilitation of living loss which is regards as not just compensation in Constitution but administrative measure. The countermeasure to move a settlement is divided in personal and business. Personal countermeasure be liable for moving costs of movable estate, extra cost of purchasing housing, and alternative housing. Business countermeasure includes compensation for actual and fixed amount of business loss. In addition, there are services for support expropriated persons to move a settlement. When Korean compensation criterion is compared with American, it seems like to guarantee faithfully personal property. But It is recommendable that American compensation criterion include considering personal distinctiveness, paying actual expense in moving movable property, supplying affordable housing, and operating counselling agent system for rehabilitation of living loss.

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